Terms and conditions

Table of contents

  1. Scope
  2. Conclusion of contract
  3. Right of withdrawal
  4. Prices and payment terms
  5. Delivery and shipping conditions
  6. Retention of title
  7. Liability for defects (warranty)
  8. Liability
  9. Redeeming promotional vouchers
  10. Redemption of gift vouchers
  11. Applicable Law
  12. Place of jurisdiction
  13. Alternative dispute resolution

1) Scope

1.1These General Terms and Conditions (hereinafter "GTC") of IRRESS GmbH (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") enters into with the Seller with regard to the terms and conditions specified by the Seller in his online The goods shown in the shop are completed. The inclusion of the customer's own terms and conditions is hereby objected to, unless otherwise agreed.

1.2These General Terms and Conditions apply accordingly to contracts for the delivery of vouchers, unless otherwise stipulated.

1.3A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that cannot be predominantly attributed to either their commercial or independent professional activity.

1.4An entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

2) Conclusion of contract

2.1The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but rather serve to make a binding offer by the customer.

2.2The customer can submit the offer using the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking on the button that completes the ordering process.

2.3The seller can accept the customer's offer within five days,

  • by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the customer is decisive, or
  • by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
  • by asking the customer to pay after placing their order.

If several of the aforementioned alternatives are present, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.

2.4If you select a payment method offered by PayPal, payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal Terms of Use, available at https://www.paypal.com/en/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the terms and conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/en/webapps/mpp/ua/privacywax-full. If the customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the seller declares acceptance of the customer's offer at the moment the customer clicks the button that completes the ordering process.

2.5When submitting an offer via the seller's online order form, the contract text is saved by the seller after the conclusion of the contract and sent the customer in text form (e.g. email, fax or letter) after sending his order. The seller's access to the contract is not accessible. If the customer has set up a user account in the seller's online shop before sending his order, the order data on the seller's website is archived and can be called up free of charge by the customer via his password-protected user account, stating the corresponding login data.

2.6Before placing the order using the seller's online order form, the customer can recognize possible input errors by carefully reading the information shown on the screen. An effective technical means of better detection of input errors can be the enlargement function of the browser, with the help of which the display is enlarged on the screen. The customer can correct its entries as part of the electronic ordering process via the usual keyboard and mouse functions until he clicks on the button, which completes the ordering process.

2.7Different languages ​​are available for the conclusion of the contract. The specific language selection is displayed in the online shop.

2.8Order processing and contacting usually take place by email and automated order processing. The customer must ensure that the e-mail address provided for order processing is correct so that the emails sent by the seller can be received at this address. In particular, when using spam filters, the customer must ensure that all third parties sent by the seller or the third party sent with the order processing can be sent.

3) Right of withdrawal

3.1Consumers are generally entitled to a right of withdrawal.

3.2More information on the right of cancellation arises from the cancellation policy of the seller.

3.3The right of withdrawal does not apply to consumers who are not a member state of the European Union at the time of the conclusion of the contract and whose sole residence and delivery address are outside the European Union at the time of the contract.

4) Prices and terms of payment

4.1Unless otherwise arisen from the seller's product description, the prices given are total prices that contain the statutory sales tax. If necessary, additional delivery and shipping costs are specified separately in the respective product description.

4.2The payment options are/will be communicated to the customer in the seller's online shop.

4.3If you select a payment method offered via the “PayPal” payment service, payment is processed via PayPal, although PayPal can also use the services of third-party payment service providers for this purpose. If the seller also offers payment methods via PayPal in which he makes advance payments to the customer (e.g. purchase on account or payment in installments), he assigns his payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the customer. Before accepting the seller's declaration of assignment, PayPal or the payment service provider commissioned by PayPal carries out a credit check using the customer data transmitted. The seller reserves the right to refuse the customer the selected payment method in the event of a negative check result. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, he can only make payments to PayPal or the payment service provider commissioned by PayPal with a debt-discharging effect. However, even in the event of the assignment of claims, the seller remains responsible for general customer inquiries, e.g. B. about the goods, delivery times, shipping, returns, complaints, cancellation declarations and shipments or credit notes.

4.4If you select a payment method offered via the payment service “Shopify Payments”, payment is processed by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter “Stripe”). The individual payment methods offered via Shopify Payments are communicated to the customer in the seller's online shop. To process payments, Stripe may use other payment services to which special payment conditions may apply, to which the customer may be notified separately. Further information about “Shopify Payments” is available online at https://www.shopify.com/legal/terms-payments-de available.

5) Delivery and shipping conditions

5.1If the seller offers to ship the goods, delivery will take place within the delivery area specified by the seller to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive. Deviating from this, if you select the PayPal payment method, the delivery address provided by the customer at the time of payment is decisive.

5.2If delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the shipping costs if the customer effectively exercises his right of cancellation. If the customer effectively exercises the right of cancellation, the return shipping costs will be subject to the provisions set out in the seller's cancellation policy.

5.3If the customer acts as an entrepreneur, the risk of random doom and the random deterioration of the sold goods passes to the customer as soon as the seller has delivered the matter to the freight forwarder, the carrier or the person or institution otherwise designed to carry out the dispatch. If the customer acts as a consumer, the risk of random doom and the random deterioration of the sold goods is generally only transferred to the customer or a person entitled to receive the goods. In deviation from this, the risk of random doom and the random deterioration of the sold goods is already transferred to the customer for consumers as soon as the seller has delivered the matter to the freight forwarder, the carrier or the person or the institution that is otherwise intended to carry out the dispatch if the Customer, the freight leader or the otherwise intended person or institution to carry out the dispatch, commissioned the execution and the seller did not previously told the customer or institution.

5.4The seller reserves the right to withdraw from the contract in the event of no correct or non -proper self -delivery. This only applies in the event that the non -delivery is not to be represented by the seller and that he has completed a specific cover business with the supplier with the care required. The seller will make all reasonable efforts to obtain the goods. In the event of non -availability or the only partial availability of the goods, the customer will be informed immediately and the consideration will be reimbursed immediately.

5.5Pick -up is not possible for logistical reasons.

5.6Vouchers are provided to the customer as follows:

  • by download
  • by email

6) Reference to retention of title

If the seller arrives in advance, he reserves the property of the delivered goods until the purchase price owed is fully paid.

7) Liability for defects (warranty)

Unless otherwise arisen from the following regulations, the provisions of the legal liability for defects apply. Different from this applies to contracts for the delivery of goods:

7.1If the customer acts as an entrepreneur,

  • the seller has the choice of the type of supplementary performance;
  • In the event of new goods, the limitation period for defects is one year from delivery of the goods;
  • the rights and claims for defects are excluded from used goods;
  • the limitation period does not begin again if there is a replacement delivery as part of the liability for defects.

7.2If the customer acts as a consumer in the case of contracts for the delivery of used goods with the restriction of the subsequent number: The limitation period for claims for defects is one year from the delivery of the goods if this has been expressly and separately agreed between the parties and the customer before submitting his contract has been informed of the shortening of the limitation period.

7.3The liability restrictions and deadline reductions, which are regulated above, do not apply

  • For claims for damages and expenses of the customer,
  • In the event that the seller has fraudulently concealed the defect,
  • For goods that have been used for a building according to their usual uses and whose deficiency have caused,
  • for a possibly existing obligation of the seller to provide updates for digital products, for contracts for the delivery of goods with digital elements.

7.4In addition, it applies to entrepreneurs that the statutory limitation periods remain unaffected for a legal right of recourse that may exist.

7.5If the customer acts as a merchant i.S.D. § 1 HGB, the commercial examination and complaint is required in accordance with § 377 HGB. If the customer fails to do the notification obligations there, the goods are considered approved.

7.6If the customer acts as a consumer, he is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply with this, this will have no impact on his legal or contractual claims for defects.

8) Liability

The seller is liable to the customer for all contractual, quasi-contractual and statutory, including tortious claims for damages and reimbursement of expenses as follows:

8.1The seller is fully liable for any legal reason

  • in the event of intent or gross negligence,
  • in the event of intentional or negligent injury to life, body or health,
  • based on a guarantee promise, unless otherwise regulated in this regard,
  • due to mandatory liability such as under the Product Liability Act.

8.2If the seller negligently violates an essential contractual obligation, liability is limited to the foreseeable damage that is typical for the contract, unless unlimited liability exists in accordance with the previous paragraph. Essential contractual obligations are obligations that the contract imposes on the seller according to its content in order to achieve the purpose of the contract, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the customer can regularly rely.

8.3Otherwise, liability on the part of the seller is excluded.

8.4The above liability regulations also apply with regard to the liability of the seller for his vicarious agents and legal representatives.

9) Redeeming promotional vouchers

9.1Vouchers that are issued free of charge by the seller as part of promotions with a specific period of validity and which cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the seller's online shop and only during the specified period.

9.2Individual products may be excluded from the voucher campaign if a corresponding restriction results from the content of the campaign voucher.

9.3Promotional vouchers can only be redeemed before completing the ordering process. Subsequent billing is not possible.

9.4Multiple promotional vouchers can also be redeemed with one order.

9.5The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.

9.6If the value of the promotional voucher is not sufficient to cover the order, you can choose one of the other payment methods offered by the seller to pay the difference.

9.7The balance of a promotional voucher will neither be paid out in cash nor interest.

9.8The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of his statutory right of withdrawal.

9.9The promotional voucher is transferable. The seller can make payments with discharging effect to the respective holder who redeems the promotional voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the lack of authorization, incapacity or lack of authorization to represent the respective owner.

10) Gift Certificate Redemption

10.1Vouchers that can be purchased via the seller's online shop (hereinafter "gift vouchers") can only be redeemed in the seller's online shop, unless the voucher states otherwise.

10.2Gift vouchers and remaining balance of gift vouchers can be redeemed until the end of the third year following the year in which the voucher was purchased. Remaining credit will be credited to the customer until the expiry date.

10.3Gift vouchers can only be redeemed before completing the ordering process. Subsequent billing is not possible.

10.4Multiple gift vouchers can also be redeemed with one order.

10.5Gift vouchers can only be used to purchase goods and not to purchase additional gift vouchers.

10.6If the value of the gift voucher is not sufficient to cover the order, you can choose one of the other payment methods offered by the seller to pay the difference.

10.7The balance of a gift voucher will neither be paid out in cash nor interest.

10.8The gift voucher is transferable. The seller can make payments with discharging effect to the respective holder who redeems the gift voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the lack of authorization, incapacity or lack of authorization to represent the respective owner.

11) Applicable Law

11.1For all legal relationships between the parties, the law of the Federal Republic of Germany applies to the exclusion of the laws on the international purchase of mobile goods. In the case of consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has its habitual residence is withdrawn.

11.2Furthermore, this choice of law does not apply to consumers with regard to the statutory right of withdrawal who are not a member state of the European Union at the time the contract is concluded and their sole place of residence and delivery address are outside the European Union at the time of the contract.

12) place of jurisdiction

If the customer acts as a merchant, legal entity under public law or a special fund based on public law based in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes from this contract is the seller's headquarters. If the customer is based outside the territory of the Federal Republic of Germany, the seller's place of place of jurisdiction for all disputes from this contract is if the contract or claims from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller is entitled to call the court at the customer's seat.

13) Alternative dispute resolution

13.1The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/Consumers/ODR

This platform serves as a contact point for extrajudicial resolution of disputes from online purchase or service contracts in which a consumer is involved.

13.2The seller is neither obliged nor ready to participate in a dispute settlement procedure in front of a consumer arbitration board.