Terms and Conditions (GTC) and consumer information
As of: 12/2018
General Terms and Conditions and consumer information in connection with sales contracts concluded via the online shop between "The O'Reillys and the Paddyhats GbR" - hereinafter "Seller" - and the Customer - hereinafter referred to as "Customer".
§ 1 Scope and general information
(1) Subject to individual arrangements and agreements that take precedence over these GTC, the following terms and conditions apply to the business relationship between the seller and the customer. Unless otherwise agreed, the inclusion of customer's own conditions is contradicted.
(2) The customer is a consumer, as far as he concludes the contract for purposes that can be attributed predominantly neither his commercial nor his independent professional activity. On the other hand, an entrepreneur is any natural or legal person or a legal partnership that, in the course of entering into a legal transaction, acts in the exercise of its commercial or independent professional activity.
§ 2 Conclusion of contract
(1) The contract is concluded with:
The O'Reillys and the Paddyhats GbR
(2) The essential characteristics of the goods result from the respective product description set by the seller.
(3) All offers in the seller's online shop merely constitute a non-binding invitation to the customer to submit a corresponding offer to the seller. Once the seller has received the customer's order, the customer will first receive a confirmation of the order from the seller, usually by e-mail (order confirmation). The order confirmation does not yet represent the acceptance of the order. Upon receipt of the customer's order, the seller will check it at short notice and inform the customer within 2 working days whether he accepts the order (order confirmation). The order process in the seller's online shop works as follows:
(4) The customer can select products from the assortment of the seller and collect them via the button "Add to basket" in a so-called shopping cart. By clicking on the "Shopping cart" button, the customer receives an overview of the selected products. With the button "Buy now" he makes a binding application for the purchase of the goods in the shopping cart. Before submitting the order, the customer can change and view the data entered at any time using the browser functions "Back" and "Next" displayed as arrow keys. The application can only be submitted and transmitted if the customer has accepted these terms and conditions by clicking on the button "accept terms and conditions" and thereby included in his application. The seller then sends the customer an automatic confirmation of receipt by e-mail in which the customer's order is listed again and the customer can print out the function "Print". The automatic acknowledgment of receipt merely documents that the customer's order has been received by the seller and does not constitute acceptance of the request. The contract is only concluded when the seller sends the declaration of acceptance, which is sent by separate e-mail.
§ 3 Subject of the contract, condition, delivery, availability of goods
(1) The subject matter of the contract is the goods and services specified by the customer within the scope of the order and stated in the order and / or order confirmation, at the final prices stated in the online shop. Errors and errors are reserved there, especially as regards the availability of goods.
(2) The nature of the goods ordered results from the product descriptions in the online shop. Illustrations on the website may reflect the products only inaccurately; In particular colors may differ significantly for technical reasons. Images are for illustrative purposes only and may differ from the product. Specifications, weight, measurement and performance specifications are as precise as possible, but may include the usual deviations. The properties described here are not defects of the products supplied by the seller.
(3) If no copies of the product selected by him are available at the time of the customer's order, the seller shall inform the customer of this in the order confirmation. If the product is permanently non-deliverable, the seller looks away from a declaration of acceptance. A contract is not concluded in this case.
(4) If the product designated by the customer in the order is only temporarily unavailable, the seller shall inform the customer immediately in the order confirmation. In the event of a delivery delay of more than two weeks, the customer has the right to withdraw from the contract. Incidentally, in this case, the seller is entitled to cancel the contract. In doing so, he will immediately reimburse any payments already made by the customer.
§ 4 delivery, prices, shipping costs
(1) The delivery to the shipping company takes place no later than two days after receipt of the money, in case of payment by cash on delivery at the latest two days after the order confirmation. The delivery time is up to seven days. The seller points to any deviating delivery times on the respective product page.
(2) Delivery is only within the EU and in the United States.
(3) All item prices include VAT. The prices quoted are retail prices plus shipping costs. The customer receives an invoice showing VAT.
§ 5 Payment
The payment is made in advance (PayPal, bank transfer).
§ 6 Transport damage
(1) If goods are delivered with obvious transport damage, the customer is requested to reclaim these errors immediately to the deliverer and to contact the seller as soon as possible.
(2) The omission of a complaint or the contact has no consequences for the statutory warranty rights of the customer, but helps the seller to assert own claims against the carrier or the transport insurance.
§ 7 Material defect warranty
(1) The provider is liable for material defects in accordance with the relevant statutory provisions, in particular §§ 434 ff BGB.
(2) A warranty exists for the goods delivered by the supplier only if this was explicitly stated in the order confirmation for the respective article.
(3) Complaints and claims for defects can be made under the address indicated in the provider identification.
§ 8 Retention of title
Until full payment, the delivered goods remain the property of the seller. § 9 Liability © Lawyer The legal regulations apply.
§ 10 contract text
The contract text is stored on the seller's internal systems. The customer can always view the general terms and conditions in his customer account. The order data and the terms and conditions are sent to the customer by e-mail. After completion of the order, the order data for security reasons are no longer accessible via the Internet.
§ 11 Final provisions
(1) The contract language is German.
(2) Contracts between the seller and the customer shall be governed by the law of the Federal Republic of Germany, excluding the laws governing the international sale of movable goods. This choice of law applies to consumers only insofar as the protection afforded by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn from the customer.
(3) If the customer is a merchant, a legal person under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the seller is the seller's domicile. This also applies if the customer does not have a general place of jurisdiction in Germany or the EU, or if his domicile or habitual residence is not known at the time the complaint is filed.
Source: Lawyer Metzler - Lawyer for Competition Law, Trademark Law and Copyright
(End of the terms and conditions)