General terms and conditions of the online shop DerIrlandShop.de for consumers
§ 1 Scope of application, customer information
The following General Terms and Conditions (AGB) in the version valid at the time of the order regulate the contractual relationship between
DerIrlandShop GmbH & Co. KG
(hereinafter: "DerIrlandShop.de") and customers (hereinafter: "Customer"), who order goods via this online shop and under the above-mentioned telephone number.
You can call up these General Terms and Conditions at any time at the web address www.DerIrlandShop.de and print them out using your internet browser and save them on your computer.
Any deviating, conflicting or supplementary General Terms and Conditions of Business of the Customer shall not form part of the contract unless their validity is expressly agreed in writing (§ 126 BGB).
The contractual language is German.
§ 2 Conclusion of contract
1. the customer must have reached the age of 18 for an order The consent of the legal representative is required for customers under 18 years of age.
2. the presentation of the products in the online shop www.DerIrlandShop.de is not a legally binding offer, but a non-binding invitation to the Customer to order goods from the catalogue. He can select products from this catalogue and place them in a so-called shopping basket by clicking on the button "Add to shopping basket" and collect them. In the shopping cart, the Customer can select the delivery quantity of the desired goods and add or remove goods. Afterwards he ends his selection by clicking the button "Checkout". Alternatively, it is possible to correct the entries and update them by clicking on the "Update" button and to return to the shop by clicking on the "Continue shopping" button. By activating the field "Remove" and clicking on the button "Update", the article concerned is removed from the shopping cart.
After entering his data and clicking on the button "Continue", the Customer is taken to the field "Shipping information", where his billing and delivery address as well as the cheapest shipping method are displayed at a glance. Corrections can be made by clicking on the button "Change address". By clicking on the "Continue" button, the Customer can select the method of payment. If the order process is continued by clicking the "Continue" button again, the Customer will be taken to the summary of his order. By confirming the order via the button "Buy now" or "Order subject to payment" the Customer submits a binding offer to conclude a purchase contract.
The contract is concluded if DerIrlandShop.de accepts the offer of the Customer within 3 days by sending an order confirmation by e-mail, has executed the order or begins with the execution of the order. The automatically sent confirmation of receipt of your order does not constitute a declaration of acceptance. A registration in the onlineshop does not justify any claim to an acceptance of contract by DerIrlandShop.de.
§ 3 Storage of the offer text
The text of the contract with details of the article is stored by DerIrlandShop.de. The customer has no access to the text of the contract via the Internet.
§ 4 correction reference
The customer can correct his entries at any time before placing the order. TheIrlandShop.de informs him about his correction possibilities on the way through the order process.
§ 5 Gift service / Vouchers
1. theIrlandShop.com will gladly deliver the order as a gift order to any desired address. TheIrlandShop.de asks for the indication of the desired delivery date.
2. only one voucher can be redeemed per order and person.
§ 6 Prices / Delivery, shipping and payment terms
1 All prices are in Euro and include the legal value added tax. Shipping costs are not included. The customer can find out about these at any time via the link "Delivery and shipping".
2. payment is made in advance by bank transfer, by credit card (MasterCard or VISA Card), cash on delivery or via PayPal. If payment is made by credit card, PayPal or cash on delivery, additional fees will be charged to the Customer, which will be passed on to the Customer by DerIrlandShop.de in this amount. The Customer has the possibility at any time to inform himself about this and about the additional costs incurred by DerIrlandShop.de via the link "Payment Options". Payment in advance is possible without additional costs.
3. in case of prepayment the goods will only be delivered after full payment has been received by DerIrlandShop.de. If due to circumstances within the sphere of the customer a credit card debit cannot be made, DerIrlandShop.de is entitled to charge the customer an appropriate handling fee. It remains to the customer to prove that no or a smaller damage developed.
4. derIrlandShop.de does not make a reservation of the ordered goods. If the goods are sold out in the meantime at the time of the complete payment and must be ordered again, DerIrlandShop.de will inform the customer immediately.
5th The indication of the delivery time in the order process is valid for deliveries within Germany. The delivery time starts from receipt of payment and usually takes 2-3 days. If the last day of the period falls on a Sunday or a public holiday recognised by the state at the place of delivery, the next working day shall take the place of this day. Should we fail to meet an agreed delivery date, the customer shall grant us a reasonable grace period, which shall in no case be less than two weeks.
6th TheIrlandShop.com organizes the transport exclusively about professional forwarding agents or parcel deliverers. Via the link "Returns/Exchange" on www.DerIrlandShop.de the customer will be informed comprehensively about the procedure in case of a return.
7. if not all products are in stock, DerIrlandShop.de is entitled to partial deliveries at its own expense, as far as this is reasonable for the customer.
8. if a delivery of the ordered goods by DerIrlandShop.de is not possible without own fault because the supplier of DerIrlandShop.de does not fulfill its contractual obligations, DerIrlandShop.de is entitled to withdraw from the contract if DerIrlandShop.de has concluded a congruent covering transaction (binding, timely and sufficient order of the goods) with the supplier and is not responsible for the non-delivery of the goods in any other way. In such a case DerIrlandShop.de will inform the customer immediately that the ordered goods are not available. Any consideration already paid by the Customer will be refunded immediately.
9. if a fulfillment of the delivery obligations should not be possible due to force majeure, the delivery time is extended appropriately. DerIrlandShop.de will also inform the customer immediately.
10. the customer assures to have deposited the correct and accurate delivery address. Should there be repeated costs for a new shipment of the ordered goods due to an incorrect delivery address, these costs are to be borne by the Customer.
11. in case of a rescission of the purchase contract, amounts already paid by the Customer will be refunded by DerIrlandShop.com within 14 days at the latest, provided that DerIrlandShop.com has already received the goods back or the Customer proves that he has sent the goods. The refund will be made in the same way as the payment. If payment has been made in advance, the customer is required to provide his bank details.
§ 7 Cancellation policy / Right of cancellation for consumers
In the cases provided for by law, the customer, who is a consumer within the meaning of § 13 BGB, has a right of revocation. The customer can find the revocation instruction as well as information about the consequences of the revocation under the link "revocation instruction" on www.Irische-Kleidung.de.
§ 8 Return costs
Unless otherwise agreed, the customer shall bear the direct costs of a return shipment. He will also be informed about this under the link "Cancellation policy".
§ 9 Reservation of title
1. the object of purchase remains the property of Irische-Kleidung.de until full payment has been received. This also applies in the event that a credit card debit cannot be made due to a circumstance within the sphere of the customer.
2. before transfer of ownership is a pledge, assignment as security, processing or transformation without the consent of DerIrlandShop.de not allowed.
3. the customer has to inform DerIrlandShop.com immediately in writing about all accesses of third parties, in particular about enforcement measures as well as other impairments of the property. The Customer shall compensate DerIrlandShop.de for all damages and costs arising from a breach of this obligation and necessary intervention measures against access by third parties. The same applies to damages and costs arising from a reversal of the contract due to default of payment.
§ 10 Warranty claims
Claims of the customer due to defects in used goods shall become statute-barred one year after the sold goods have been handed over to the customer. In all other respects the statutory provisions shall apply.
§ 11 Data protection
§ 12 Limitation of liability
1) DerIrlandShop.de is only liable for damages caused by slight negligence if these are based on the violation of essential contractual obligations (cardinal obligations), damages from the injury of life, body or health or claims under the Product Liability Act or from a guarantee of quality assumed by us. Cardinal obligations are such obligations whose fulfilment is essential for the proper execution of the contract and on whose compliance the contractual partner could rely. The liability of DerIrlandShop.de for simple negligence according to this regulation is limited to the typically foreseeable damage.
For damages caused by delay due to slight negligence the liability of Irische-Kleidung.de is limited to the typically foreseeable damage.
3. the regulations of the preceding paragraphs apply accordingly also to a limitation of the substitute for futile expenditures (§ 284 BGB).
4. the preceding limitations of liability also apply in favour of the vicarious agents and legal representatives of DerIrlandShop.de.
§ 13 Picture rights / picture representations
If the articles contain images, the rights to the respective image are held by the seller or his product suppliers. Any use of the images without the express consent of the seller is prohibited.
2. the images used to describe the goods are sample photos. These do not always represent the item true to life, but serve as illustration. Depending on the screen used, especially colours and sizes can be displayed differently. The description of the respective article is decisive.
§ 14 Advertising purposes / competitions
The use of the articles for advertising purposes as well as in the context of competitions is only permitted with the prior consent of DerIrlandShop.de.
§ 15 Final provisions
1. irische-Kleidung.de reserves the right to change these terms and conditions at any time. These can be accessed and printed out in their respective valid version at www.DerIrlandShop.de.
2 German law applies to the exclusion of the UN sales law. The exclusive place of jurisdiction for orders placed by merchants, legal entities under public law or special funds under public law is Dirmstein.
Should individual provisions of these General Terms and Conditions be invalid or unenforceable or become invalid or unenforceable after conclusion of the contract, the validity of the contract as a whole shall remain unaffected. The invalid or unenforceable provision shall be replaced by the statutory provisions. The same applies accordingly in the event that the contract proves to be incomplete.
Information on online dispute resolution
The EU Commission has provided an online dispute resolution platform (so called "OS Platform"). The OS platform is intended to serve the extrajudicial settlement of disputes arising from online contracts. The OS Platform can be reached under the following link: http:://ec.europa.eu/consumers/odr