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Contractual conditions within the framework of sales contracts concluded via the platform https://www.odonnellmoonshine.co.uk/
O'Donnell Moonshine Ltd.
10a Little Lever Street, Manchester, M1 1HR, UK
___________________________________________
Authorised representative managing director:
Max Rüther
- hereinafter referred to as "Provider" - -
and
be concluded with the users of this platform designated in § 2 of these GTC - hereinafter referred to as "Customer/Customers".
For the business relationship between the provider and the customer, the following General Terms and Conditions of Business apply exclusively in the version valid at the time of the order. Deviating conditions of the customer are not recognised, unless the offerer agrees to their validity expressly in writing.
(1) The customer can select products from the provider's range and collect them in a so-called shopping cart by clicking on the button "Add to cart". By clicking on the button "Buy now", he submits a binding request to purchase the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time.
(2) By clicking the button "Buy now" the customer confirms its legal age to be 18 or over and agrees to an automated age verification in the background conducted by a third party supplier (AgeChecked) which operates within the guidelines of DPA 2018 and does use the customers data completely anonymously. No data will be stored. We are legally obliged to age verify purchases of our products (Licensing Act 2003). The customer will receive an email from our third-party provider after the successful age verification.
(2) The provider will then send the customer an automatic confirmation of receipt with the subject "Confirmation of your order with O'Donnell Moonshine" by e-mail, in which the customer's order is listed again and which the customer can print out via the function "Print". The customer's order (1) represents the offer to conclude a contract with the respective contents of the shopping cart. The confirmation of receipt (order confirmation) represents the acceptance of the offer by the Provider. The contents of the order are summarized in this confirmation. In this e-mail or in a separate e-mail, but no later than upon delivery of the goods, the text of the contract (consisting of order, terms and conditions and order confirmation) is sent to the customer by us on a permanent data carrier (e-mail or paper printout). The text of the contract will be stored in compliance with data protection.
(3) The contract is concluded in the languages English.
(1) Delivery times stated by us are calculated from the date of our order confirmation (§ 2 (2) of these General Terms and Conditions), provided that the purchase price has been paid in advance.
(2) If the product designated by the customer in the order is only temporarily unavailable, the supplier will also inform the customer of this immediately. In case of a delivery delay of more than two weeks, the customer has the right to withdraw from the contract. In this case, the provider is also entitled to withdraw from the contract. In this case, he will immediately refund any payments already made by the customer.
(3) The following delivery restrictions exist: The provider only delivers to customers who have their usual residence (billing address) in one of the following countries and who can specify a delivery address in the same country: United Kingdom.
(4) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date of payment is determined by the calendar, the customer is already in default by missing the deadline.
(5) The customer can pay the purchase price by PayPal, credit card, immediate bank transfer, Giropay or SEPA direct debit.
(6) All orders placed are only handed over to the person who has placed the order. This will be verified by checking the ID.
The delivered goods remain the property of the supplier until the purchase price has been paid in full.
(1) All prices, which are indicated on the website of the provider, are understood to be inclusive of the respective valid legal sales tax.
(2) The corresponding shipping costs are indicated to the customer in the order form and are to be borne by the customer, unless the customer exercises a possible right of revocation.
(3) In the event of a revocation, the customer shall bear the direct costs of the return shipment.
The customer can pay the purchase price by PayPal, credit card, debit card, Amazon Pay or invoice.
(1) When paying by debit/credit card, PayPal or Amazon Pay, the time of payment corresponds to the time of the order. If the payment service provider "PayPal" is used, payment is processed via PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal Terms of Use, which can be viewed at www.paypal.com. This requires, among other things, that the customer opens a PayPal account or already has such an account. If payment is made by credit card, our payment processing partner Stripe processes the data quickly and securely in encrypted form. In the event of a rejection of the credit card debit, the customer undertakes to pay the price plus any costs incurred within 10 days of receipt of the service. These costs include, among other things, the costs incurred due to the cancellation of the credit card debit.
(2) We offer the payment option 'invoice' but this option would be specifically requested with an email into info@odonnellmoonshine.co.uk. The payment is always made to the bank account of O'Donnell Moonshine Ltd. We operate the invoice paying on our website as 'Pro-Forma'. This means that the Goods will only be shipped once the payment has been received.
(3) The customer hereby agrees that O'Donnell Moonshine is entitled to send the invoice as an electronic invoice (invoice issued and received in an electronic format, e.g. as a PDF document) by e-mail to the customer. O'Donnell Moonshine may also, at its discretion, send the invoice on paper to the customer.
(1) The provider is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB (GERMAN CIVIL CODE). For entrepreneurs, the warranty period for items delivered by the provider is 12 months.
(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages of the customer from the injury of life, body, health or from the injury of essential contractual obligations (cardinal obligations) as well as the liability for other damages, which are based on an intentional or grossly negligent breach of duty of the provider, his legal representatives or vicarious agents. Material contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.
(2) In the event of a breach of material contractual obligations, the Provider shall only be liable for the foreseeable damage typical of the contract if this was caused by simple negligence, unless the Customer's claims for damages are based on injury to life, body or health.
(3) The restrictions of paragraphs 1 and 2 also apply in favour of the Provider's legal representatives and vicarious agents if claims are made directly against them.
(4) The regulations of the product liability law remain unaffected.
(1) The provider collects data of the customer in the context of the processing of contracts. In doing so, he particularly observes the regulations of the Federal Data Protection Act and the Telemedia Act. Without the customer's consent, the provider will only collect, process or use the customer's inventory and usage data to the extent that this is necessary for the execution of the contractual relationship and for the use and billing of telemedia.
(2) Without the consent of the customer, the provider will not use the customer's data for advertising, market or opinion research purposes.
(1) The law of England shall apply to contracts between the provider and the customers, excluding the UN Convention on Contracts for the International Sale of Goods and international private law.
(2) 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 provider is the provider's registered office.
(3) The contract remains binding in its remaining parts even if individual points are legally ineffective. Instead of the ineffective points, the legal regulations, if any, shall apply. However, if this would represent an unreasonable hardship for one of the contracting parties, the contract as a whole shall become invalid.
The European Commission provides a platform for online dispute resolution (OS) which you can find at https://ec.europa.eu/consumers/odr. We are neither obliged nor prepared to participate in dispute resolution proceedings before a consumer arbitration board.
