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Contractual conditions within the framework of sales contracts concluded via the platform https://www.odonnell.nl
between
O'Donnell Moonshine B.V.
Boswachtersveld 513
7327 JX Apeldoorn
___________________________________________
Authorised representative managing director:
Philip Morsink
- 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) 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 language 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: the Netherlands.
(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, IDEAL or SEPA direct debit.
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 iDeal, PayPal, credit card, instant bank transfer, Giropay, SEPA direct debit or invoice.
(1) When paying by credit card and PayPal, 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) In the case of payment by immediate bank transfer, the customer can initiate payment for the ordered goods via an online banking account while the order is still being placed. After selecting the payment method "immediate payment" in the order process the customer is directly directed to the secure payment form of SOFORT GmbH, Theresienhöhe 12, 80339 Munich, Germany. SOFORT GmbH takes over the payment process automatically without any possibility of viewing the form by O'Donnell Moonshine, which is comparable to an EC card payment with PIN. Just as with an EC-card payment, SOFORT GmbH checks the credit limit of the account for an immediate transfer and makes a transfer to O'Donnell Moonshine if the account has sufficient funds. In addition, the system of SOFORT GmbH checks in about 30 percent of the cases whether previous payments were booked with immediate payment in order to exclude systematic fraud. In order to carry out an immediate transfer, SOFORT GmbH requires the PIN and a TAN of the online banking account in addition to name, bank code and account number. Only the name, bank code, account number, reason for transfer, amount and date of transfer are stored, not the withdrawal limit or account balance or past transactions. In case of a successful transaction O'Donnell Moonshine receives only the automated confirmation in real time from SOFORT GmbH that the transfer has been executed. A confirmation of a successful payment can take up to 14 working days depending on the bank. The goods will be shipped directly after successful payment confirmation.
(3) If a customer decides in favour of giropay, he/she will be directed to his/her bank via a secure connection during the ordering process. All data such as account number, purpose of use and invoice amount are already entered on the transfer form - so only the usual transfer has to be confirmed. After successful payment, the customer is then redirected back to the shop and receives a corresponding confirmation.
The customer only needs an account at a bank supporting giropay. These include Postbank, almost all savings banks, Volks- and Raiffeisen banks, DKB, MLP Bank, Merkur Bank, Cronbank, Bankhaus Ellwanger &Geiger, Bank Schilling & Co, CVW Privatbank AG, GLS-Gemeinschaftsbank, numerous PSD banks and other financial institutions.
(4) If the SEPA Direct Debit payment method is selected, the invoice amount is due for payment after a SEPA Direct Debit Mandate has been issued, but not before expiry of the deadline for advance information. Pre-notification is any communication (e.g. invoice) by O'Donnell Moonshines to the customer announcing a debit via SEPA direct debit. If the direct debit is not honoured due to insufficient funds in the account or due to the provision of incorrect bank details, or if the customer objects to the debit although he is not entitled to do so, the customer shall bear the fees arising from the chargeback by the respective bank if he is responsible for this. In addition, a creditworthiness and data check is performed for the direct debit payment option (see § 9). A confirmation of successful payment may take up to 14 working days, depending on the bank. The goods will be dispatched immediately after successful payment confirmation. If the amount cannot be debited because the account is not covered or incorrect information has prevented the debit, we unfortunately have to charge an additional fee of €7.50.
(5 ) In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the payment option 'invoice'. The payment is always made to Klarna. The payment period is [14] days from the date of dispatch of the goods/tickets/ or, in case of other services, from the date of provision of the service. The complete invoice conditions for the countries where this payment method is available can be found here: Germany, Austria. The use of the payment method "invoice" requires a positive credit check. In this respect, we forward the customer's data to Klarna for the purpose of address and creditworthiness checks in the context of the initiation and processing of the purchase contract. Customers can find further information and Klarna's terms of use here. Customers can find general information about Klarna here. Personal data will be treated by Klarna in accordance with the applicable data protection regulations and in accordance with the information provided in Klarna's Privacy Policy Germany/Austria.
(6) 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 the Netherlands 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.
