Terms and Conditions and Consumer Information
As of: 03/2020
General terms and conditions and consumer information within the framework of purchase agreements concluded via the online shop between “The O’Reillys and the Paddyhats GbR” – hereinafter “seller” – and the customer – hereinafter “customer”.
§ 1 Scope and general information
(1) Subject to individual arrangements and agreements that take precedence over these General Terms and Conditions, the following General Terms and Conditions shall apply exclusively to the business relationship between the Seller and the Customer. Unless otherwise agreed, the inclusion of the customer’s own conditions is contradicted.
(2) The customer is a consumer insofar as he concludes the contract for purposes which can predominantly be attributed neither to his commercial nor his independent professional activity. On the other hand, an entrepreneur is any natural or legal person or a partnership with legal capacity which, when concluding 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
Südstr. 7
D-58285 Gevelsberg
(2) The essential characteristics of the goods result from the respective product description posted by the seller.
(3) All offers in the online shop of the seller only represent a non-binding invitation to the customer to submit a corresponding purchase offer to the seller. As soon as the seller has received the customer’s order, the customer is first sent a confirmation of his order with the seller, usually by e-mail (order confirmation). The order confirmation does not yet represent the acceptance of the order. After 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 ordering process in the webshop of the seller works as follows:
(4) The customer can select products from the seller’s assortment and collect them in a so-called shopping basket by clicking the button “Add to basket”. By clicking on the button “shopping cart” the customer gets an overview of the selected products. By clicking on the “Buy now” button, he submits a binding request to purchase the goods in the shopping cart. Before sending the order, the customer can change and view the entered order as well as the entered data at any time using the browser functions “Back” and “Next”, which are displayed as arrow keys. The application can only be submitted and transmitted if the customer has accepted these contractual conditions by clicking on the button “Accept GTC” and thereby included them in his application. Der Antrag kann nur abgegeben und übermittelt werden, wenn der Kunde durch Klicken auf den Button „AGB akzeptieren“ diese Vertragsbedingungen akzeptiert und dadurch in seinen Antrag aufgenommen hat. The automatic acknowledgement of receipt merely documents that the seller has received the customer’s order and does not constitute acceptance of the application. The contract is only concluded when the seller submits the declaration of acceptance, which is sent by a separate e-mail.
§ 3 Subject matter of the contract, condition, delivery, availability of goods
(1) Subject of the contract are the goods and services specified by the customer within the scope of the order and mentioned in the order and/or order confirmation at the final prices stated in the online shop. Errors and mistakes there are reserved, especially with regard to the availability of goods.
(2) The quality of the ordered goods results from the product descriptions in the online shop. Illustrations on the website may not accurately represent the products; especially colours may vary considerably for technical reasons. Pictures serve only as illustrative material and may differ from the product. Technical data, weight, dimension and performance descriptions are given as precisely as possible, but may show the usual deviations. The characteristics described here do not constitute defects in the products delivered by the seller.
(3) If no copies of the product selected by the customer 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 unavailable, the seller refrains from a declaration of acceptance. In this case a contract is not concluded.
(4) If the product designated by the customer in the order is only temporarily unavailable, the seller shall also inform the customer of this immediately in the order confirmation. If delivery is delayed by more than two weeks, the customer has the right to withdraw from the contract. In this case, the seller is also entitled to withdraw from the contract. In this case he will immediately refund any payments already made by the customer.
§ 4 Delivery, prices, shipping costs
(1) Delivery to the shipping company will take place at the latest two days after receipt of money, in case of cash on delivery payment at the latest two days after order confirmation. The delivery time is up to seven days. The seller points out possible deviating delivery times on the respective product page.
(2) Delivery is only made within the EU, Switzerland, the United Kingdom and the United States.
(3) All article prices contain the legal value added tax. The indicated prices are final sales prices plus shipping costs. The customer receives an invoice with value added tax shown.
§ 5 Payment
Payment is made in advance (PayPal, bank transfer, credit card).
§ 6 Damage in transit
(1) If goods with obvious transport damages are delivered, the customer is asked to complain about these errors immediately to the deliverer and to contact the seller as soon as possible.
(2) Failure to make a complaint or to contact the seller has no consequences for the customer’s statutory warranty rights, but helps the seller to be able to assert his own claims against the carrier or the transport insurance company.
§ 7 Warranty for material defects
(1) The provider is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff BGB.
(2) A guarantee exists for the goods delivered by the supplier only if this was expressly stated in the order confirmation for the respective article.
(3) Complaints and claims for liability for defects can be made at the address given in the provider identification.
§ 8 Retention of title
The delivered goods remain the property of the seller until full payment has been received.
Section 9 Liability
9.1. The following exclusions and limitations of liability apply to any liability of the seller for damages, notwithstanding the other legal requirements for claims.
9.2. The seller is liable without limitation insofar as the cause of damage is based on intent or gross negligence.
9.3. Furthermore, the Seller shall be liable for the slightly negligent violation of essential obligations, the violation of which endangers the achievement of the purpose of the contract, or for the violation of obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the Customer regularly relies. In this case, however, the seller is only liable for the foreseeable damage typical for the contract. The Seller shall not be liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
9.4. The above limitations of liability shall not apply in the event of injury to life, limb or health, for a defect after the assumption of a guarantee for the quality of the product and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
9.5. Insofar as the Seller’s liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
§ 10 Text of the contract
The contract text is stored on the internal systems of the seller. The customer can view the general terms and conditions at any time in his customer account. The order data and the AGB are sent to the customer by e-mail. After completing the order, the order data is no longer accessible via the Internet for security reasons.
§ 11 Final provisions
(1) The contract language is German.
(2) The law of the Federal Republic of Germany shall apply to contracts between the seller and the customers, excluding the laws on the international purchase of movable goods. This choice of law applies to consumers only insofar as the protection granted 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 entity 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 registered office. This also applies if the customer does not have a general place of jurisdiction in Germany or the EU, or his place of residence or habitual abode is not known at the time the action is brought.
Source: Rechtsanwalt Metzler – Rechtsanwalt für Wettbewerbsrecht, Markenrecht und Urheberrecht
General Terms and Conditions for the Purchase and Use of Tickets
1. Scope of application
These General Ticket Terms and Conditions (hereinafter: „ATGB“) apply to the purchase and/or use of all admission tickets (hereinafter: „Ticket orTickets“) for ticket orders via the online shop of The O’Reillys and the Paddyhats GbR
2. conclusion of contract
(1) The amount of the entrance fees is determined by the current price list of the organizer or the price indicated on this website. In addition to the ticket price, shipping costs and a reasonable handling fee (advance booking fee) will be charged in the case of postal delivery. Orders of the purchaser are binding. After checking – in particular the availability – the order (offer) will be confirmed (acceptance) either in writing by sending an invoice or at the time of handing over the tickets with receipt of the sent tickets by the customer on the basis of these ATGB.
(2) Orders are always executed against prepayment, e.g. PayPal, bank transfer, accepted credit card (currently: Mastercard, Visa and American Express). If the payment date is exceeded, the purchaser is in default without a separate reminder. The organizer also reserves the right to use payments to settle the oldest due invoice items plus the default interest and costs accrued thereon, in the following order: costs, interest, principal claim.
3. dispatch, complaints
(1) Tickets will be sent at the expense of the purchaser. The choice of shipping company is at the discretion of the organizer.
(2) The purchaser is obliged to check the tickets after handover or receipt for correctness with regard to number, price, date, event and venue. A complaint about faulty tickets must be made immediately, at the latest within five working days after delivery or receipt of the ticket(s), in writing, i.e. by e-mail or by post to the address given in section 2, paragraph 2. (1) of the General Terms and Conditions. Decisive for compliance with the complaint period is the invoice document, the postmark or the transmission protocol of the e-mail. If the complaint is justified and made in time, the organizer will issue new tickets to the purchaser free of charge.
4. exchange, refund
(1) An exchange of tickets via The O’Reillys and the Paddyhats GbR is generally not possible. The O’Reillys and the Paddyhats GbR is not the organizer, but an advance booking office.
(2) In case of cancellation or postponement of the event offered through The O’Reillys and the Paddyhats GbR, in most cases the reimbursement of the entrance fee will be handled by us on behalf of the organiser. This service does not constitute an independent claim for reimbursement against The O’Reillys and the Paddyhats. For further claims and for all other problems in connection with the implementation of the booked event, the contact person is solely the organizer, whose name can be taken from the announcements of the event.
(3) In the event of loss, a replacement ticket will only be issued in justified cases, which the purchaser must prove. The costs of issuing a replacement ticket shall be borne by the purchaser.
(4) The organizer reserves the right to postpone the event. In this case the ticket(s) will remain valid. A return of the ticket(s) against reimbursement of the purchase price is only possible up to the last working day before the final event date in the event of rescheduling.
(5) Shipping costs and advance booking fees will not be refunded in case of cancellation or postponement of events.
