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General Terms and Conditions

 


Oshanshu
Birgit Madhave
Borngraben 3
D- 56355 Nastätten

phone: 0049- (0)176 992 731 67
email:
laxmi@oshanshu.net




in the following text called Oshanshu

 

 

1.General Information

 

 

·          

In respect to business relations of all types between Oshanshu and its customers, the following General Terms and Conditions of Business hold true in their legally valid versions, respectively. Divergent conditions or general business practices of the customer have no legal validity unless a written agreement has been negotiated elsewhere. An agreement by email is sufficient.

2. Offers

·         All offers of Oshanshu on www.oshanshu.net are not binding and subject to change.         Minor deviations and technical alterations of our illustrations or descriptions are possible.

·         All offers – whether they be transacted by telephone, fax, Internet, e-mail or in any other form – only become legally binding for Oshanshu if they have been confirmed in writing, or if the goods have been delivered and/or an invoice has been delivered.

  3. Prices and Terms of Payment

·         Prices presented in the website of Oshanshu are valid at the moment of order. All mentioned prizes are final prices in Euro. 
Packing and sending costs will be charged additionally.

·         Oshanshu accepts all payment possibilities which are offered in the ordering procedureon the website of Oshanshu. The customer selects his preferred way of payment. Additional costs which result (possibly) out of the way of payment ( i.e. collection charges, Paypal charges…) are charged additionally.

·         A settlement of mutual claims is possible only with written consent by Oshanshu.

 

       4. Delivery, delivery periods and shipping-costs

 

·         The delivery of all goods is done by delivery-services named in the ordering process. The customer can choose his preferred delivery system. Shipping costs on enquiry. Oshanshu is sending the ordered indicated  in stock items (indicated with a green bar in “availability”) within three days after receiving the order.

 

·         Delivery can take up to 4 weeks for items not on stock or manufactured on order (all items energized by your order,  indicated by a yellow, red or purple bar in “availability”)
Oshanshu reserves the right to deny the promised service subsequent to determining that the goods are no longer available, both 1) after contractual settlement and 2) although a corresponding hedging transaction has been concluded. In such a case, the customer will be notified immediately. All reciprocations and considerations of any kind provided by the customer beforehand will be reimbursed without delay. It is then excluded that further legal claims be raised by the customer against the firm Oshanshu.

 

·         In general, any information concerning delivery dates is not legally binding, unless a definite date of delivery has been set in writing.

 

·         Delivery is done at the customer's own risk. As soon as the goods have been entrusted to a transportation company by Oshanshu, the risk automatically transfers to the customer. This also holds true for partial deliveries. The delivery is sent to the delivery address indicated by the customer.



5. Cancellation Rights

·         The customer has the possibility to return ordered articles without giving any reason within 15 days after receiving the goods. Rights of refund exist only when the respective goods have been returned in the original sealed packaging or with an undamaged seal.

·         Rights of return are to be considered forfeited if the good have been manufactured according to the order of the customer (indicated by purple, red or yellow in

 “availability”.)
Payment will be refunded within 5 working days after receiving the returned goods.

             The returned goods are to be sent to the following address
              B. Madhave, Oshanshu, Borngraben 3, 56355 Nastätten, Germany

 

·         Up to a product value of 40 Euro, return sending costs are to be paid by the customer. Postage of the return has to be sufficient.

·         Oshanshu will pay for the return postage for orders exceeding 40 Euro.

 

·         Customers exercising their rights of refund must compensate the firm Oshanshu for any diminishment in value or for the complete value of the goods, to the extent the customer was not able to return the goods in orderly condition, as the customer is responsible for the damage, perishability or other deficiency of the delivered goods. This does not hold true in respect to the damage of goods whose damaged condition was caused exclusively by a standard examination, as would have been possible in a normal shop. Moreover, the duty of value compensation can be avoided by not making use of the article as the proper owner would, and by refraining from any activity which would reduce the value of the article.

·         The goods should be examined immediately after delivery by the customer or an authorized individual to detect any transportation damages. Detectible transportation damages are to be reported without delay in written form. Packaging damages are to be confirmed in written form by the transportation company upon delivery.

 

6. Warranty

Oshanshu guarantees, that at the time of passage of risk the sold products are both free of material and production defects and that they have all contractually promised attributes.

·         Oshanshu provides a two year guarantee for all damages arising during the guarantee period, provided that such damages were caused by a material deficiency or manufacturing error.
Excluded from the guarantee are:
- products with defects arising from normal usage or from other effects of wear caused by the latter

·         Claims for damages against Oshanshu arising from non-fulfillment of contract or delay are excluded to the extent neither premeditation nor gross negligence can be established

 

In case defects of the products occur, which Oshanshu is responsible for and if the replacement delivery is defective as well, the customer is entitled to make use of change or reduction.

 

Oshanshu is not liable either for the continuous and non-stop availability of www.oshanshu.net  or for technical or electronical mistakes of the online offer.

 

7. Reservation of Ownership

·         Until all payment responsibilities have been fulfilled by the customer, including all subsidiary obligations which may have arisen, the delivered goods remain the legal property of the firm Thomann. In respect to contracts negotiated with consumers. Oshanshu reserves its right of property until the full remittance of the purchase price.


8. Data-storage / data-protection

All personal data of the customer will be treated confidentially. The necessary data will be used towards a third party exclusively for the purposes of the order-handling (payment, shipping).

Anytime you can get free of charge information about your personal data, which is stored with us. In this case please send an email to laxmi@oshanshu.net

For reasons of data protection reply can be send only to the email address, which is deposited at Oshanshu.

 

9. Place of Execution and Place of Jurisdiction 

·         Legal jurisdiction is exercised by the Federal Republic of Germany exclusively.

·         The exclusive place of jurisdiction and the place of execution for all services and products negotiated in business transactions with Oshanshu is the seat of Oshanshu.

 

10. Impressum

Oshanshu
Birgit Madhave
Borngraben 3
56355 Nastätten

ph: 0049- (0)176 992 731 67

email: laxmi@oshanshu.net



11. Exclusive rights

Should there arise a question, if through the website www.oshanshu.net your rights of protection are infringed, please let us know immediately by email to laxmi@oshanshu.net, so we can redress fast. Please acknowledge, that the time consuming engagement of a lawyer for producing a warning against the service supplier, which is liable for costs, does not correspond to the real or conjectural will of the latter.

We are striving to completely fulfil all legal requests, rules and information duties. If you suspect, that this is not the case, please let us know immediately per email at laxmi@oshanshu.net, so we can redress fast. Please acknowledge, that the time consuming engagement of a lawyer for producing a warning against the service supplier, which is liable for costs, does not correspond to the real or conjectural will of the latter.