Sec. 5 Delivery, delivery restrictions, enquiries
5.1 We shall deal with your order straight away. Should the items ordered be temporarily out of stock, we shall let you know by sending you a message. Insofar as the items are instantly available, we shall deliver them within seven working days from the day of receipt of your order.
5.2 We do not ship to: East Timor, Ivory Coast, Niue, Somalia, Western Sahara
Enquiries about your order/Complaints management
We shall deal with any enquiries concerning orders effectively placed, or any complaints that you may have, without delay including a suggestion for a way of handling the matter.
Please address your queries/complaints to:
Lena Schlötter
Ottmar Hörl Office
Kembacher Straße 9 | 97877 Wertheim | Germany
E-mail: lena.schloetter@ottmarhoerl.de
Sec. 6 Terms of payment
We shall provide an invoice for the products ordered, either upon delivery together with the items ordered, or by separate mail. Deliveries within Germany may be effected against advance payment or on account (invoice); foreign deliveries are solely effected against advance payment. The prices shown on the invoice are consumer prices, inclusive of value added tax. The amount invoiced must be paid within fourteen days of receipt of the invoice at the latest. Any costs incurred for international transfers such as transfer fees, foreign currency fees and exchange fees are to be covered by the remitter. Please indicate this when making the transfer (OUR - sender pays cost: as the remitter, you assume all costs of the transfer).
Sec. 7 Retention of title
The delivered goods remain our property until full and final payment.
Sec. 8 Quality
Our sculptures are machine-made, but to a large extent also manufactured by hand. In some cases, there may therefore be slight deviations regarding the details. We produce serial individual pieces, which makes up the special nature of the works of art. The artist has approved the objects as they are. Any irregularities do not constitute a defect and shall therefore not be considered a cause for complaint.
Sec. 9 Warranty
Our products are subject to statutory warranty rights. You may exercise these rights by notifying us of any defects pertaining to the item ordered, and returning the item at our expense to us at:
Ottmar Hörl
c/o Lena Schlötter
Urpharer Weg 8 | 97877 Wertheim | Germany
Sec. 10 Force majeure
In the event that we cannot deliver due to force majeure (including war, natural disasters), we shall be released from our performance obligation for the duration of such circumstance. In case we cannot fulfil the order or delivery of the goods for more than a month due to force majeure, you shall be entitled to withdraw from the contract. In this case, your obligation to pay shall also be waived.
Sec. 11 Data protection
We collect, store, and use your personal data solely in accordance with the stipulations of the German Federal Data Protection Act (Bundesdatenschutzgesetz, BDSG). In this section, we wish to inform you about the type, scope and purpose of collecting, processing and using these data.
Data collection and processing
Each time a user accesses our website or files made available on our website, the data about these processes is stored in a log file. Data is retained for internal technical and statistical purposes only. The following data will be stored: name of the file accessed, date and time of access, volume of data transferred, notification whether file was successfully accessed, browser type and requesting domain. Furthermore, the IPs of requesting computers are also logged. Personal data beyond the information mentioned above is collected only if the website user and/or customer voluntarily provides information, for instance, when (1) posting an enquiry, (2) registering, (3) concluding a contract, or (4) through their browser settings.
We use cookies on our website. A cookie is a small data file that is sent with pages from this website and is saved through the website user's and/or customer's browser onto their computer's hard drive. The information stored in the cookie can be sent back to our servers during a subsequent visit to our site. The server may then analyse the information obtained in this manner in various ways. Cookies may control internet ads or facilitate navigation on a website. Should the website user and/or customer wish to prevent cookies being saved on their hard disk, they may do so by locally altering the settings of the web browser installed on their computer, i.e. the program used for retrieving and viewing web pages (e.g. Internet Explorer, Mozilla Firefox, Opera or Safari).
Use and disclosure of personal data
If you provide us with personal data, such data will only be used for processing the website user's and/or customer's enquiries, for implementing contracts entered into with the website user and/or customer, and for technical administration purposes. We disclose, or transfer, personal data to third parties only if this is required for (1) the purposes of implementing the contract, (2) invoicing purposes, or (3) after the website user and/or customer has given us their consent. At any time, the website user and/or customer is entitled to withdraw their consent given with effect for the future.
Personal data that has been stored will be deleted as soon as (1) the website user and/or customer withdraws their consent to its storage, (2) when they are no longer required to serve the purpose it was stored for, or (3) if its storage is not permitted due to other statutory reasons. Data stored for invoicing or accounting purposes shall not be subject to a request for deletion.
Right of information
Upon receiving a written request, we shall provide the website user and/or customer with information on the data we have stored about them. Please direct your queries to the contact address given in our Legal information.
Sec. 12 Applicable law, dispute resolution procedure
11.1 The law of the Federal Republic of Germany applies to the entire contractual and legal relationship between us and the customer. Consumers whose habitual residence is outside Germany may take recourse to the statutory provisions and rights applicable under the law of their country of residence. The application of the UN Convention on the International Sale of Goods (CISG) is excluded.
11.2 We are neither willing, nor obligated, to participate in dispute resolution proceedings before a consumer arbitration body.
Sec. 13 Final provisions
The contract language is German. Any individual provision in these General Terms and Conditions that should prove invalid or unenforceable shall not affect the validity of the remaining provisions. Such invalid or unenforceable provision shall be replaced by a provision that is valid and enforceable and comes as close as possible to the economic intent of the contractual partners.
Valid as of: 09/2024