General Terms and Conditions

Article 1 – Definitions

For the purposes of these terms and conditions, the following definitions apply:

Withdrawal period: The period within which the consumer may exercise their right of withdrawal.

Consumer: A natural person who is not acting in the course of a profession or business and who enters into a distance contract with the trader.

Day: Calendar day.

Continuing contract: A distance contract relating to a series of products and/or services, where the obligation to supply and/or purchase is spread over time.

Durable medium: Any means that enables the consumer or trader to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information.

Right of withdrawal: The consumer’s right to withdraw from the distance contract within the withdrawal period.

Trader: The natural or legal person who offers products and/or services to consumers at a distance.

Distance contract: A contract concluded as part of an organised distance sales system operated by the trader for the sale of products and/or services, using exclusively one or more means of distance communication up to and including the conclusion of the contract.

Means of distance communication: A method that can be used to conclude a contract without the consumer and trader being physically present in the same place at the same time.

General Terms and Conditions: These General Terms and Conditions of the trader.

Article 2 – Right of Withdrawal

The consumer has the right to withdraw from the contract within 30 days without giving any reason. During the withdrawal period, the consumer must handle the product and its packaging with care.

If the consumer exercises their right of withdrawal, they must return the product with all supplied accessories and, where reasonably possible, in its original condition and packaging, in accordance with the trader’s reasonable instructions.

Article 3 – Applicability

These General Terms and Conditions apply to every offer made by the trader and to every distance contract and order concluded between the trader and the consumer.

Before the distance contract is concluded, the text of these General Terms and Conditions will be made available to the consumer. If this is not reasonably possible, the consumer will be informed before the distance contract is concluded that the General Terms and Conditions are available for inspection at the trader’s premises and will be sent to the consumer free of charge as soon as possible upon request.

If the distance contract is concluded electronically, then, notwithstanding the previous paragraph and before the contract is concluded, the text of these General Terms and Conditions may be made available to the consumer electronically in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, the consumer will be informed before the contract is concluded where the General Terms and Conditions can be accessed electronically and that they will be sent free of charge electronically or by other means at the consumer’s request.

If specific product or service terms and conditions apply in addition to these General Terms and Conditions, the second and third paragraphs will apply accordingly, and in the event of conflicting terms, the consumer may always rely on the applicable provision that is most favourable to them.

If one or more provisions of these General Terms and Conditions are at any time wholly or partly void or annulled, the contract and the remaining provisions will continue to apply. The provision concerned will immediately be replaced, by mutual agreement, with a provision that reflects the original intention as closely as possible.

Situations not covered by these General Terms and Conditions must be assessed in accordance with the spirit of these General Terms and Conditions. Any ambiguity concerning the interpretation or content of one or more provisions must also be interpreted in accordance with the spirit of these General Terms and Conditions.

Article 4 – The Offer

If an offer is valid for a limited period or is subject to conditions, this will be expressly stated in the offer. The offer is non-binding. The trader reserves the right to amend and adapt the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer.

If the trader uses images, these provide a faithful representation of the products and/or services offered. Obvious errors or mistakes in the offer do not bind the trader.

All images and specifications in the offer are indicative and cannot give rise to compensation or termination of the contract.

Product images provide a faithful representation of the products offered. The trader cannot guarantee that the colours displayed correspond exactly to the actual colours of the products.

Each offer contains sufficient information to make clear to the consumer the rights and obligations attached to accepting the offer. This applies in particular to:

Any delivery charges.
The manner in which the contract will be concluded and the actions required to do so.
Whether or not the right of withdrawal applies.
The method of payment, delivery and performance of the contract.
The period for accepting the offer or the period during which the trader guarantees the price.
The amount charged for distance communication if the cost of using the means of distance communication is calculated on a basis other than the standard basic rate for the communication method used.
Whether the contract will be archived after it is concluded and, if so, how the consumer may access it.
How the consumer can check and, if desired, correct the information provided in connection with the contract before concluding it.
The languages, in addition to English, in which the contract may be concluded.
The codes of conduct to which the trader is subject and how the consumer can consult them electronically.
The minimum duration of the distance contract in the case of a continuing transaction.
Optional: available sizes, colours and material types.

Article 5 – The Contract

Subject to the provisions of paragraph 4, the contract is concluded when the consumer accepts the offer and fulfils the conditions set out in it.

If the consumer accepts the offer electronically, the trader will immediately confirm receipt of the acceptance electronically. Until the trader has confirmed the acceptance, the consumer may terminate the contract.

If the contract is concluded electronically, the trader will take appropriate technical and organisational measures to protect the electronic transfer of data and will ensure a secure online environment. If the consumer can pay electronically, the trader will take appropriate security measures.

Within the limits permitted by law, the trader may investigate whether the consumer is able to meet their payment obligations, as well as any facts and factors relevant to responsibly concluding the distance contract. If, on the basis of this investigation, the trader has reasonable grounds not to enter into the contract, the trader is entitled to refuse an order or request, giving reasons, or to attach special conditions to its performance.

The trader will provide the consumer with the following information together with the product or service, either in writing or in a form that allows the consumer to store it accessibly on a durable medium:

The physical address of the trader’s business premises where the consumer may submit complaints.
The conditions and procedure for exercising the right of withdrawal, or a clear statement that the right of withdrawal is excluded.
Information about warranties and existing after-sales services.
The information referred to in Article 4, paragraph 3 of these terms and conditions, unless the trader has already provided it before performing the contract.
The requirements for terminating the contract if it has a duration of more than one year or is of indefinite duration.

In the case of a continuing transaction, the provision in the previous paragraph applies only to the first delivery. Each contract is concluded subject to the condition that the relevant products are sufficiently available.

Article 6 – Right of Withdrawal

When purchasing products, the consumer may terminate the contract without giving any reason during a period of 30 days.

This cooling-off period begins on the day after the product is received by the consumer or by a representative designated in advance by the consumer and notified to the trader.

During the cooling-off period, the consumer must handle the product and its packaging with care. The consumer may only unpack or use the product to the extent necessary to determine whether they wish to keep it.

If the consumer wishes to exercise their right of withdrawal, they must notify the trader within 30 days of receiving the product. The consumer must provide this notification by written message or email.

After notifying the trader that they wish to exercise their right of withdrawal, the customer must return the product within 30 days. The consumer must be able to prove that the products were returned on time, for example by providing proof of postage.

If the customer has not notified the trader of their intention to exercise the right of withdrawal and/or has not returned the product to the trader after the periods referred to in paragraphs 2 and 3 have expired, the purchase will become final.

Article 7 – Costs in the Event of Withdrawal

If the consumer exercises their right of withdrawal, the return shipping costs will be borne by the consumer.

If the consumer has made a payment, the trader will refund that amount as soon as possible and no later than 30 days after the withdrawal. This is subject to the trader having received the product or the consumer providing conclusive proof that the complete order has been returned.

Article 8 – Exclusion of the Right of Withdrawal

The trader may exclude the consumer’s right of withdrawal for certain products described in paragraphs 2 and 3. The exclusion of the right of withdrawal is valid only if the trader clearly stated this in the offer, at least sufficiently in advance of the conclusion of the contract.

The right of withdrawal may only be excluded for products:

Made by the trader to the consumer’s specifications.
That are clearly personal in nature.
That, by their nature, cannot be returned.
That may deteriorate or expire rapidly.
Whose price is subject to fluctuations in the financial market over which the trader has no control.
Consisting of individual newspapers and magazines.
Consisting of audio or video recordings or computer software where the seal has been broken by the consumer.
Consisting of hygiene products where the seal has been broken by the consumer.

Article 9 – The Price

During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except where price changes result from changes in VAT rates.

Notwithstanding the previous paragraph, the trader may offer products or services with variable prices where those prices are subject to fluctuations in the financial market over which the trader has no control. This connection to market fluctuations and the fact that any stated prices are indicative will be mentioned in the offer.

Price increases within three months of the conclusion of the contract are permitted only if they result from statutory regulations or provisions.

Price increases from three months after the conclusion of the contract are permitted only if the trader has stipulated this and:

They result from statutory regulations or provisions.
The consumer has the right to terminate the contract from the day on which the price increase takes effect.

All prices are subject to typographical and printing errors. No liability is accepted for the consequences of typographical or printing errors. In the event of such an error, the trader is not obliged to supply the product at the incorrect price.

Article 10 – Conformity and Warranty

The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, reasonable standards of quality and/or usability, and the statutory provisions and/or government regulations in force on the date the contract was concluded. If agreed, the trader also guarantees that the product is suitable for use other than its normal use.

Any warranty provided by the trader, manufacturer or importer does not affect the statutory rights and claims that the consumer may exercise against the trader under the contract.

Any defect or incorrectly delivered product must be reported to the trader in writing within 30 days of delivery. Products must be returned in their original packaging and in new condition.

The trader’s warranty period corresponds to the manufacturer’s warranty period. However, the trader is never responsible for the ultimate suitability of the products for each individual use by the consumer, or for any advice concerning the use or application of the products.

The warranty does not apply if:

The consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties.
The delivered products have been exposed to abnormal conditions, treated negligently, or handled contrary to the trader’s instructions and/or the instructions on the packaging.
The defect results wholly or partly from government regulations concerning the nature or quality of the materials used.

Article 11 – Delivery and Performance

The trader will exercise the greatest possible care when receiving and fulfilling orders for products.

In accordance with Article 4 of these General Terms and Conditions, the business will fulfil accepted orders promptly and no later than within 30 days, unless the consumer has agreed to a longer delivery period.

If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be informed no later than 30 days after placing the order. In that event, the consumer has the right to terminate the contract without charge and may be entitled to compensation.

If the contract is terminated in accordance with the previous paragraph, the trader will refund the amount paid by the consumer as soon as possible and no later than 30 days after termination.

If delivery of an ordered product proves impossible, the trader will make every effort to provide a replacement item. The consumer will be informed clearly and comprehensibly, no later than at the time of delivery, that a replacement item is being supplied.

The right of withdrawal cannot be excluded for replacement items. The cost of any return will be borne by the trader.

The risk of damage to and/or loss of products remains with the trader until delivery to the consumer or to a representative designated in advance and notified to the trader, unless expressly agreed otherwise.

Article 12 – Continuing Contracts: Duration, Cancellation and Renewal

Cancellation

The consumer may cancel a contract of indefinite duration for the regular supply of products (including electricity) or services at any time, subject to the agreed cancellation rules and a maximum notice period of one month.

The consumer may cancel a fixed-term contract for the regular supply of products (including electricity) or services at the end of the fixed term at any time, subject to the agreed cancellation rules and a maximum notice period of one month.

The consumer may cancel the contracts referred to in the previous paragraphs:

At any time and without being restricted to cancellation at a particular time or during a particular period.
At least in the same manner in which they were concluded.
Always with the same notice period as the trader has stipulated for itself.

Renewal

A fixed-term contract for the regular supply of products (including electricity) or services may not be automatically renewed or extended for another fixed term.

Notwithstanding the previous paragraph, a fixed-term contract for the regular supply of daily or weekly newspapers and magazines may be automatically renewed for a maximum period of three months, provided that the consumer can cancel the renewed contract at the end of the renewal period with a maximum notice period of one month.

A fixed-term contract for the regular supply of products or services may only be automatically renewed for an indefinite period if the consumer can cancel it at any time with a maximum notice period of one month. A maximum notice period of three months may apply where the contract concerns the regular supply, but less than once per month, of daily or weekly newspapers and magazines.

A limited-duration contract for an introductory regular supply of daily or weekly newspapers and magazines (a trial or introductory subscription) will not be automatically continued and will end automatically after the trial or introductory period.

Duration

If a contract has a duration of more than one year, the consumer may cancel it at any time after one year with a maximum notice period of one month, unless reasonableness and fairness oppose cancellation before the end of the agreed term.

Article 13 – Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within seven working days after the start of the cooling-off period referred to in Article 6, paragraph 1.

In the case of a contract for the provision of a service, this period begins after the consumer has received confirmation of the contract.

The consumer is obliged to notify the trader immediately of any inaccuracies in the payment details provided or stated.

If the consumer fails to pay, the trader is entitled, subject to statutory limitations, to charge reasonable costs that were communicated to the consumer in advance.

Article 14 – Complaints Procedure

Complaints concerning the performance of the contract must be submitted to the trader within seven days after the defects are discovered and must be described fully and clearly.

Complaints submitted to the trader will be answered within 14 days of the date of receipt.

If a complaint is expected to require a longer processing period, the trader will respond within 14 days with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.

If the complaint cannot be resolved by mutual agreement, a dispute will arise that may be dealt with through the dispute resolution procedure.

A complaint does not suspend the trader’s obligations unless the trader states otherwise in writing.

If the trader considers a complaint to be justified, the trader will, at its discretion, replace or repair the delivered products free of charge.

Article 15 – Governing Law and Disputes

These General Terms and Conditions and any contract concluded between the trader and the consumer will be governed by the laws of Ireland.

If the consumer is habitually resident in another country, this choice of law does not deprive the consumer of any mandatory consumer protection provided by the laws of that country that cannot be excluded by agreement.

Any dispute arising from these General Terms and Conditions or a contract between the trader and the consumer may be submitted to the competent courts in accordance with applicable Irish and European Union law.