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Conditions of Use

SCOPE

These General Terms and Conditions (hereinafter GTC) apply exclusively to the business relationship in the Butlers online shop (www.butlershome.ie) between BUTLERS HOMEWARE LTD and the customer. BUTLERS HOMEWARE LTD is the responsible operator of the Butlers online shop.
Butlers-Onlineshop is the trade name of BUTLERS HOMEWARE LTD for the online trading business.
Applicable is the valid at the time of the order version of the Terms. Deviating conditions of the customer does not recognize Butlers online shop, unless Butlers online shop has agreed to their validity in writing.


Insofar as the purchaser also uses the BUTLERS configurator for the individualization of his ordered products, the general terms and conditions for the BUTLERS configurator apply in addition to and in addition to these general terms and conditions in case of conflict.


NOTE:


Other general terms and conditions of BUTLERS HOMEWARE LTD, for example, the valid in the Butlers stores terms and conditions, do not apply to the Butlers online shop.


§ 2 CONTRACTING PARTY

The contracting party is BUTLERS HOMEWARE LTD, which is specified below:
BUTLERS HOMEWARE LTD
Shop 8, Stephens Green Shopping Centre
Dublin 2, Ireland
Managing Directors: Clinton Nel,
Cologne HRA 21085, VAT ID: IE 200049899
Personally liable partner: BUTLERS HOMEWARE LTD


§ 3 CONCLUSION OF CONTRACT

The presentation of the products in the Butlers online shop does not constitute a binding offer. It is non-binding.
The conclusion of the order process in the online shop represents a binding offer on your part to us to conclude a purchase contract. When you place an order in the Butlers online shop, we will send you a confirmation e-mail confirming the receipt of your order with us and their details (order confirmation). This order confirmation does not constitute an acceptance of the contract, but merely informs you that your order has been received by us. We can accept your order by sending an order confirmation by e-mail or by delivering the goods within the stated delivery time.
The contract is concluded exclusively in English.
The order form used in the order will not be stored by us and can not be retrieved after the completion of the order process. However, you can print out your order data immediately after sending the order or we save the contract text and send you the order data by e-mail.
For the sale of labelled, age-restricted products, Butlers reserves the right to deliver the products only after appropriate proof of the minimum age of the customer. In the absence of proof of age Butlers online shop is entitled to rescind the contract. In this case, payments already made by the customer will be reimbursed immediately.
Please note that we sell all products only in normal household quantities. This refers both to the number of products ordered as part of an order and to the abandonment of multiple orders for the same product, where each order includes a common household quantity.


§ 4 RIGHT OF WITHDRAWAL

CANCELLATION

You have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the last goods.
To exercise your right of revocation, you must contact us (BUTLERS HOMEWARE LTD, Attn: customer service, Shop 8, Stephens Green Shopping Centre, Dublin 2, Ireland, Phone: +353 87 274 0172, by means of a clear statement (eg by post, fax or via our contact form ) about your decision to withdraw from this contract. You can use the attached model withdrawal form, which is not required.
In order to maintain the cancellation period, it is sufficient that you send the notice of the exercise of the right of withdrawal before the expiry of the withdrawal period.


CONSEQUENCES OF THE CANCELLATION

If you withdraw from this Agreement, we have selected all payments we have received from you, including delivery charges (except for the additional costs arising from choosing a different delivery method than the most favorable standard delivery offered by us) have to repay immediately and at the latest within fourteen days from the date on which the notification of your revocation of this contract has reached us. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you; In no case will you be charged for this repayment fees. We can refuse the repayment,
You have the goods immediately and in any event not later than fourteen days from the date on which you inform us of the cancellation of this contract, to us (Butlers-Onlineshop, BUTLERS HOMEWARE LTD, Shop 8, Stephens Green Shopping Centre, Dublin 2) to be returned or handed over. The deadline is met if you send the goods before the expiry of the period of fourteen days. We bear the cost of returning the goods.
You only have to pay for any loss of value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functioning of the goods.


MODEL WITHDRAWAL FORM

If you want to cancel the contract, please fill out this form and send it back (eg via our contact form , by post or fax). You can also attach the form to the package in which you send the goods to our return center in Dublin (BUTLERS HOMEWARE LTD, Shop 8, Stephens Green Shopping Centre, Dublin 2).
I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following
goods (*) / the provision of the following service (*)
Ordered on (*) / received on (*)
Name of the consumer (s)
Address of the consumer (s)
Signature of the consumer (s) (only when notified on paper)
(*) Delete as appropriate.
END OF REVOCATION


NOTE:


We kindly ask you to return the items to us using the returns slip and the enclosed DHL returns label. On the return note you can mark the reasons for the return. They help us improve our service to you.


EXCLUSION OF THE RIGHT OF WITHDRAWAL

The right of withdrawal does not apply to distance contracts
•    for the supply of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,
•    for the delivery of goods that can spoil quickly or whose expiration date would quickly be exceeded,
•    for the delivery of sound or video recordings or computer software in a sealed package, when the seal has been removed after delivery,
•    for the delivery of newspapers, periodicals or magazines with the exception of subscription contracts.


§ 5 VOLUNTARY RIGHT OF RETURN UP TO 30 DAYS AFTER RECEIPT OF GOODS

All items (except food and "Made by You" items) can be returned to the Butlers online shop within 30 days of receipt of the goods. With this right of return, you can also after the 14-day cancellation period (see Revocation above) from the contract by returning the goods within 30 days of receipt (beginning of the period on the day after receipt of goods) to the address below. The timely dispatch is sufficient for the deadline. However, the prerequisite for exercising the voluntary right of return is that you return the goods in their original condition intact and without damage in the original sales packaging.
The goods must be returned to:
Butlers-Onlineshop Return Center
Shop 8, Stephens Green Shopping Centre
Dublin 2
Ireland
In the event of a return in compliance with the above conditions, we will refund the already paid purchase price, excluding shipping costs. They carry the risk of transport.
Your statutory right of withdrawal (see § 4) is not affected by the observance of the rules on the supplementary contractually granted (voluntary) right of return and remains independent of this. Until the expiry of the period for the statutory right of withdrawal, only the statutory conditions listed there apply. The contractually granted (voluntary) right of return also does not limit your statutory warranty rights, which you will receive without restriction.


§ 6 PRICES AND OFFERS

The prices indicated in the Butlers online shop are in Euro and include VAT. For some products additional shipping costs may apply (see §7 below).


§ 7 DELIVERY, SHIPPING COSTS

Within Ireland, we deliver all items to your home. The current delivery times can be found in your online shop or directly in your Butlers branch. Under your order number, you can always track the status of your online order in your customer account. For orders in the store, you will receive a link to track your shipment when stating your e-mail address.
Unless otherwise agreed, delivery will be made from the warehouse of the Butlers online shop to the delivery address specified by the customer. The delivery address must be within UK or Ireland.
Butlers online shop is entitled to make partial deliveries, if this is reasonable for the customer.
If the Butlers online shop is not in a position to deliver the ordered goods without own fault, eg because the supplier of the Butlers online shop does not fulfill his contractual obligations, the Butlers online shop is entitled to rescind the customer. In this case, the customer is immediately informed that the ordered product is not available and refunds any consideration paid by the customer immediately.
The legal rights of the customer remain unaffected.
As far as a delivery to the customer is not possible, because the delivered goods do not fit through the front door, front door or the staircase of the customer or because the customer is not found under the delivery address specified by him, although the delivery date has been announced to the customer with reasonable notice , the customer bears the costs for the unsuccessful delivery. The articles with the symbol in the product text are delivered by a forwarding company Monday to Friday, so that an appointment is necessary. To make an appointment, the telephone number must be stated in the order form, under which the recipient can be reached during the day.
Services such as delivery to the place of use or repossession of packaging do not apply to insular deliveries. Here is exclusively a delivery service.
The transport costs are shown separately.
The shipping costs are calculated per order and are independent of partial deliveries and the ordered number of items. If, for logistical reasons, a shipment takes place in several deliveries, the shipping costs will also be charged only once.
For the payment in advance, the delivery time starts from receipt of payment.


§ 8 NATURE OF PRODUCTS

The dimensions of the articles are approximate, which may vary slightly. If the product description contains a color indication, this is authoritative. Slight deviations in the external appearance between original and product image in the catalog are possible. The same applies to handmade items. Some items, especially furniture, are supplied in individual parts that have to be assembled manually. The Butlers online shop does not offer a mounting service.


§ 9 TERMS OF PAYMENT, DEFAULT

The invoice amount is due upon acceptance of the order by the Butlers online shop or in the case of advance payment upon receipt of the pro-forma invoice sent by confirmation e-mail. The customer can pay the purchase price by cash in advance, by credit card (Mastercard, Visa), by PayPal. The choice of payment method is made by the customer.
Payment by sending cash or checks is not possible. A liability for loss is excluded from the Butlers online shop. If paying in advance, the customer must transfer the invoice amount to the following account within 6 days of receipt of the pro forma invoice sent by confirmation e-mail, stating the invoice number:
receiver
BUTLERS HOMEWARE LTD
IBAN
•    IE31AIBK93252364086038
BIC
Bank
AIB BANK
If paying by credit card, the credit card will be charged to the amount of the invoice within 2 weeks after receipt of the order. However, the credit card will not be charged before the order is accepted by the Butlers online shop.
If the customer is in default of payment, the Butlers online shop is entitled to demand default interest in the amount of 5% above the published by the European Central Bank base rate pa. If the Butlers online shop demonstrably incurred a higher damage caused by default, the Butlers online shop is entitled to assert this. Butlers reserves the right to pass on the claims.
If the delivery address is not identical with the billing address, you will receive the invoice exclusively in electronic form. If you need a printed invoice, please contact our customer service.


§ 10 RETENTION OF TITLE

The delivered goods remain the property of the Butlers online shop until full payment.


§ 11 OFFSETTING, RETENTION

The customer is only entitled to offset if his counterclaims have been legally established or are undisputed by the Butlers online shop. Furthermore, he is only authorized to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.


§ 12 WARRANTY

If there is a defect in the purchased item, the statutory provisions shall apply.
For all goods from the Butlers online shop, the statutory warranty rights exist.
The assignment of a claim of the customer is excluded.
If the supplementary performance has been effected by way of replacement delivery, the customer is obliged to return the goods delivered first within 14 days to the Butlers online shop at the expense of the Butlers online shop. The return of the defective goods must be made in accordance with the statutory provisions. The Butlers online shop reserves the right to claim damages under the legally regulated conditions.


§ 13 LIABILITY

The Butlers online shop is liable for damages resulting from injury to life, body or health, which are based on a culpable breach of duty of the Butlers online shop, its representatives, employees or agents. The Butlers online shop is also liable for claims under the Product Liability Act or insofar as a defect was fraudulently concealed or the Butlers online shop has assumed a guarantee for the quality of a delivery item.
The Butlers online shop is liable for other damages outside the above cases, which are based on an intentional or grossly negligent breach of duty or in the case of essential contractual obligations to a simple negligent breach of duty by the Butlers online shop, its representatives, employees or agents. In the case of simply negligent breach of duty of essential contractual obligations, however, the liability is limited to the contractually typical, foreseeable damage. Substantial are such duties whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the contracting party can regularly rely.
The Butlers online shop is not liable for simply negligent breaches of obligations other than those mentioned in the above cases.
The above provisions apply to all claims for damages including damages in addition to performance and damages instead of performance, regardless of the legal grounds, in particular due to defects, breach of obligations under the obligation or tort. They also apply to the claim for compensation for futile expenses.
A change of the burden of proof to the detriment of the customer is not connected with the above regulations.


§ 14 USE OF WARNINGS AND SAFETY INSTRUCTIONS, SALE OF ALCOHOLIC BEVERAGES

Many items in the Butlers Onlineshop contain warnings on the sales or outer packaging, which are urgently and before opening the packaging or use to take notice and must be taken into account. The Butlers online shop excludes any liability arising from the disregard of these legally required warnings. Should items not be usable for you due to the warnings, you may exercise your right of return.
The Butlers online shop is based on the age of majority of customers, including, among other things, references to the prohibition of the sale of alcoholic beverages are given to young people.


§ 15 PRIVACY

You will be asked for personal information on the website of the Butlers online shop. These are only stored and processed as far as this is necessary for the purpose of your individual support and the information you request. Butlers online shop ensures that your information is treated confidentially in accordance with the applicable data protection regulations. For more information on the nature, extent, location and purpose of the collection, processing and use of the order execution services, the registration of the email notification service and the transmission of personal data required by the Butlers online shop, please refer to the Privacy Policy.


§ 16 COPYRIGHT

All rights reserved. The content and structure of the Butlers Onlineshop website are protected by copyright and other intellectual property laws. Unless otherwise specified, all trademarks are protected by trademark in the Butlers online shop and the Butlers websites. This applies in particular to Butler brands, company logos and emblems. The modification of these pages is not permitted.


§ 17 CHOICE OF LAW, PLACE OF JURISDICTION, SEVERABILITY CLAUSE

It is the law of the Federal Republic of Ireland application. Excluded from this choice of law are the mandatory consumer protection regulations of the country in which the customer has his habitual residence. The application of the UN Sales Convention is excluded. The place of jurisdiction for all disputes arising from the contractual relationship between the customer and the Butlers online shop is its registered office, provided that the customer is a merchant, a legal entity under public law or a public special fund. Should any provision of these Terms and Conditions be ineffective, this shall not affect the validity of the remaining provisions.


HINTS


Wherever only male person names were chosen, this was only for the sake of reading friendliness. All terms mean both sexes.
Online dispute resolution pursuant to Art. 14 para. 1 ODR-VO: The European Commission has set up an online dispute resolution (OS) platform. It is a one-stop-shop for consumers and distributors for out-of-court settlement of disputes relating to online sales contracts or online service contracts. The platform can be reached at https://ec.europa.eu/consumers/odr/ .
BUTLERS HOMEWARE LTD agrees to participate in the above dispute resolution.


CATALOG OFFERS

Catalog offers apply - should no promotional period be specified - until further notice. All offers are valid as long as stocks last. Color deviations, delivery delays and price errors, we apologize.


TERMS AND CONDITIONS (AGB) BUTLERS GIFT VOUCHER


§ 1 SCOPE

These Terms and Conditions apply exclusively to the purchase of a Butler gift voucher (hereinafter referred to as gift voucher) of BUTLERS HOMEWARE LTD (hereinafter Butler) in the Butlers online shop. BUTLERS HOMEWARE LTD is the responsible operator of the Butlers online shop. Butlers-Onlineshop is the trade name of BUTLERS HOMEWARE LTD for the online trading business.
Applicable is the valid version of the respective GTC at the time of the order. Butlers does not recognize deviating conditions of the customer, unless Butlers had expressly agreed to their validity in writing.
For the Butlers products, which are purchased with the gift voucher in the Butlers online shop (www.butlershome.ie), the general terms and conditions of the Butlers online shop apply. If the customer purchases articles in a Butlers store by means of the gift voucher, the respective terms and conditions of this Butlers store apply for this purchase.


§ 2 CONTRACTING PARTY

The contracting party is BUTLERS HOMEWARE LTD, which is specified below:
BUTLERS HOMEWARE LTD
Shop 8
Stephens Green Shopping Centre
Dublin 2


§ 3 SUBJECT OF THE CONTRACT

The gift voucher can be used as a means of payment in the amount of the credited amount (up to a maximum of 200 euros) in the Butlers branches and in the Butlers online shop.
The gift voucher is not personal and transferable.


§ 4 CONCLUSION OF CONTRACT

The presentation of the gift voucher in the Butlers online shop does not constitute a binding offer.
Only the order of the gift voucher in the Butlers onlineshop represents a binding offer on conclusion of a sales contract. An acceptance of this offer by Butlers takes place either by explicit declaration of acceptance in writing or by e-mail, at the latest with delivery of the gift voucher within five days ,
The gift voucher is only activated after full payment of the credit balance selected by the customer. The gift voucher is worthless until activation.
The contract is concluded exclusively in English.
The order form used in the order will not be stored by us and can not be retrieved after the completion of the order process. However, you can print out your order data immediately after sending the order or we save the contract text and send you the order data by e-mail.


§ 5 RIGHT OF WITHDRAWAL

CANCELLATION

You have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the last goods.
To exercise your right of revocation, you must contact us (BUTLERS HOMEWARE LTD, Shop 8, Stephens Green Shopping Centre, Dublin 2. by means of a clear statement (eg by post, fax or via our contact form ) about your decision to withdraw from this contract. You can use the attached model withdrawal form, which is not required.
In order to maintain the cancellation period, it is sufficient that you send the notice of the exercise of the right of withdrawal before the expiry of the withdrawal period.


CONSEQUENCES OF THE CANCELLATION

If you withdraw from this Agreement, we have selected all payments we have received from you, including delivery charges (except for the additional costs arising from choosing a different delivery method than the most favorable standard delivery offered by us) have to repay immediately and at the latest within fourteen days from the date on which the notification of your revocation of this contract has reached us. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you; In no case will you be charged for this repayment fees. We can refuse the repayment,
You have the goods immediately and in any event not later than fourteen days from the date on which you inform us of the cancellation of this contract, to us (Butlers-Onlineshop, BUTLER GmbH & Co. KG, Shop 8, Stephens Green Shopping Centre, Dublin 2) to be returned or handed over. The deadline is met if you send the goods before the expiry of the period of fourteen days. We bear the cost of returning the goods.
You only have to pay for any loss of value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functioning of the goods.


MODEL WITHDRAWAL FORM

If you want to cancel the contract, please fill out this form and send it back (eg via our contact form , by post or fax). You can also attach the form to the package in which you send the goods to our return center in Stephens Green Shopping Centre (BUTLERS HOMEWARE LTD).
To BUTLERS HOMEWARE LTD. Customer Service, Shop 8, Stephens Green Shopping Centre, Dublin 2.
I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following
goods (*) / the provision of the following service (*)
Ordered on (*) / received on (*)
Name of the consumer (s)
Address of the consumer (s)
Signature of the consumer (s) (only when notified on paper)
(*) Delete as appropriate.
END OF REVOCATION


NOTE:


We kindly ask you to return the items to us using the returns slip and the enclosed DHL returns label. On the return note you can mark the reasons for the return. They help us improve our service to you.


EXCLUSION OF THE RIGHT OF WITHDRAWAL

The right of withdrawal does not apply to distance contracts
•    for the supply of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,
•    for the delivery of goods that can spoil quickly or whose expiration date would quickly be exceeded,
•    for the delivery of sound or video recordings or computer software in a sealed package, when the seal has been removed after delivery,
•    for the delivery of newspapers, periodicals or magazines with the exception of subscription contracts.


§ 6 DUE DATE, METHOD OF PAYMENT

The invoice amount is due upon acceptance of the order by the Butlers online shop.
Payment by sending cash or checks is not possible. A liability for loss is excluded from the Butlers online shop.
If paying in advance, the customer must transfer the invoice amount to the following account within 6 days of receipt of the pro forma invoice sent by confirmation e-mail, stating the invoice number:
receiver
BUTLER GmbH & Co. KG
IBAN
•    IE31AIBK93252364086038
BIC
Bank AIB Bank
If paying by credit card, the credit card will be charged to the amount of the invoice within 2 weeks after receipt of the order. However, the credit card will not be charged before the order is accepted by Butlers.
If the delivery address is not identical with the billing address, you will receive the invoice exclusively in electronic form. If you need a printed invoice, please contact our customer service.


§ 7 DELIVERY, SHIPPING COSTS

Deliveries are only possible within Ireland and UK.
If a purchase contract has been concluded according to the above-mentioned regulations, the gift voucher will regularly reach the customer within the delivery period stated on the product page after conclusion of the purchase contract.


§ 8 VALIDITY, TRANSFERABILITY

The gift certificate is valid in all participating Butlers stores and in the Butlers online shop.
The Gift Voucher is valid for 36 months from the date of activation and is not personal. You can use or give away the gift voucher yourself.


§ 9 USE OF THE GIFT VOUCHER AS A MEANS OF PAYMENT, LIABLE TO PAY

When paying at the cash desk of a Butlers store, just hand over the Gift Voucher to the sales representative. The amount will be deducted from your gift voucher balance. Any remaining amount will remain on your gift voucher. If the balance on your gift voucher is insufficient to fully pay for your purchase, the difference can be settled with another form of payment.
An online purchase with the gift voucher is only possible within the online offer of the Butlers online shop. Transactions can be made effectively at the expense of the gift voucher by entering the coupon number and PIN. The amount will be deducted from your gift voucher. Below the basket you will find an entry field for the card number and the PIN. The PIN is hidden in the gift vouchers by post, behind a scratch pad on the back of the card, which you must scratch first. For the gift voucher to print it is located directly next to the card number on the front of the voucher. If the value of your basket is lower than the balance on the gift certificate, the remainder of the value remains on the gift certificate. The current balance is also displayed.


NOTE

The gift voucher should be treated like cash. It can be used as a means of payment by anyone in Butlers stores using the card number and PIN. Keep your coupon number and PIN secret, as this knowledge can be used to access the gift coupon.


§ 10 RELOAD THE GIFT VOUCHER

The gift voucher can be recharged up to a maximum of 200 euros with the amount of money you have selected. You can check the current balance of your gift voucher at any butler's point of sale or at www.butlers.com.


§ 11 LIABILITY

Butlers is not liable for stolen or lost gift vouchers. In case of loss, theft or damage the gift voucher will not be replaced. For damage resulting from transactions of unauthorized persons specifying the coupon number and the associated correct PIN, Butler is not liable. Butlers is also not liable for the use of the gift voucher by an unauthorized person in a Butlers store. Claims can only be asserted upon presentation of the gift voucher.
Otherwise, the statutory provisions apply.


§ 12 INTEREST

An interest on the credit of the gift voucher does not occur.


§ 14 PRIVACY

You will be asked for personal information on the website of the Butlers online shop. These are only stored and processed as far as this is necessary for the purpose of your individual support and the information you request. The Butlers online shop ensures that your details are treated confidentially in accordance with the applicable data protection regulations. For more information on the nature, extent, location and purpose of the collection, processing and use of the order execution services, the registration of the email notification service and the transmission of personal data required by the Butlers online shop, please refer to the Privacy Policy.


§ 15 APPLICABLE LAW

Irish law applies, excluding the UN Sales Convention (CISG).


§ 16 VOLUNTARY RIGHT OF RETURN UP TO 30 DAYS AFTER GOODS CONTENT

The gift voucher by post can be returned within 30 days of receipt to the Butlers online shop. For the return of a gift voucher for printing please contact our customer service. With this right of return you can also after the 14-day cancellation period (see revocation above) from the contract by sending the gift voucher within 30 days of receipt (beginning of the day after receipt of goods) to the above address (except the gift voucher for printing). The timely dispatch is sufficient for the deadline. However, if you wish to exercise the voluntary right of return, you will need to pay for the gift voucher with the full amount, with the item not freebranched,
A gift voucher issued as part of a promotion / raffle is excluded from the right of return.


NOTE


Wherever only male person names were chosen, this was only for the sake of reading friendliness. All terms mean both sexes.


GENERAL TERMS AND CONDITIONS (GTC) FOR THE USE OF THE BUTLER CONFIGURATOR


§ 1 SCOPE

These terms and conditions apply exclusively to the use of the BUTLER configurator of BUTLERS HOMEWARE LTD. KG (hereinafter Butler). In addition, the terms and conditions apply to the Butlers online shop, as far as subsequent regulations contain no special provisions. The terms and conditions for the Butlers online shop can be found here.
Applicable is the valid at the time of the order version of the Terms. Butlers does not recognize deviating conditions of the customer, unless Butlers had expressly agreed to their validity in writing.


§ 2 CONTRACTING PARTY

The contracting party is BUTLERS HOMEWARE LTD, which is specified below:
BUTLERS HOMEWARE LTD
Shop 8, Stephens Green Shopping Centre
Dublin 2
Managing Directors: Clinton Nel
Personally liable partner: BUTLERS homeware ltd


§ 3 SUBJECT OF THE CONTRACT

The BUTLERS Configurator offers the orderer the possibility to order certain articles from the Butlers online shop and to individualize them according to own specifications with own picture, own logo, texts etc. The orderer can make an individual embroidery, printing or engraving of the articles, as far as offered, with the BUTLERS configurator.


§ 4 CONCLUSION OF CONTRACT

The presentation of the products in the Butlers online shop does not constitute a binding offer. It is non-binding.
Your order represents an offer to us to conclude a purchase contract. When you place an order in the Butlers online shop, we will send you a confirmation e-mail, which confirms the receipt of your order with us and details (order confirmation). This order confirmation does not represent a contract acceptance (except the payment method "advance payment"), but only informs you that your order has been received by us. We can accept your order by sending an order confirmation by e-mail or by delivering the goods within five days. If you have selected the payment method "advance payment", the purchase contract has already been concluded with the e-mail about the receipt of your order.
The contract is concluded exclusively in Irish.
The order form used in the order will not be stored by us and can not be retrieved after the completion of the order process. However, you can print out your order data immediately after sending the order or we save the contract text and send you the order data by e-mail.
For the sale of labeled, age-restricted products, Butlers reserves the right to deliver the products only after appropriate proof of the minimum age of the customer. If there is no proof of age, the Butlers online shop is entitled to rescind the contract. In this case, payments already made by the customer will be reimbursed immediately.
Please note that we sell all products only in normal household quantities. This refers both to the number of products ordered as part of an order and to the abandonment of multiple orders for the same product, where each order includes a common household quantity.


§ 5 NO RIGHT OF WITHDRAWAL

The right of revocation does not exist in the case of distance contracts for the supply of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer. Since the embroidery, printing and engraving has the corresponding creation of a product made to customer specifications result or this product is tailored to the personal needs of the customer, the customer is therefore not entitled to revoke the use.


§ 6 NO RETURN GUARANTEE

Butlers does not provide a voluntary redemption guarantee on items that have been customized by the BUTLERS configurator or manufactured to customer specifications. An article is considered individualized if an individual embroidery, printing or engraving has been made on it via the BUTLERS configurator.
The warranty claims remain unaffected.


§ 7 DELIVERY

Unless otherwise agreed, delivery is made from the warehouse of the Butlers online shop to the delivery address specified by the customer. The delivery address must be within Ireland or the UK.
The Butlers online shop is entitled to make partial deliveries, if this is reasonable for the customer. If a purchase contract has been concluded according to the above-mentioned regulations, the goods will be received by the customer within the delivery period stated on the product page after conclusion of the purchase contract.
If the Butlers online shop is not in a position to deliver the ordered goods without own fault, because eg the supplier of the Butlers online shop does not fulfill his contractual obligations, the Butlers online shop is entitled to rescind the orderer. In this case, the purchaser will be informed immediately that the ordered product is not available and refunds any consideration paid by the purchaser without delay.
The legal rights of the customer remain unaffected.
If, for logistical reasons, a shipment is made in several deliveries, the shipping costs will be charged only once.


§ 8 WARRANTY

If there is a defect in the purchased item, the statutory provisions shall apply.
For all goods from the Butlers online shop, the statutory warranty rights exist.
The customer is responsible for the accuracy of the text information and the logo itself.
Butlers reserves the right to deviate in terms of color, design or similar features as far as these are reasonable for the purchaser. Reasonable reasons for change may arise from commercial fluctuations, for example.


§ 9 COPYRIGHTS, INDEMNITY

When placing an order via the BUTLERS Configurator, the ordering party assures that the motifs, logos, image files transmitted by the customer are free of third party rights. Furthermore, the customer assures that he does not infringe any other rights of third parties by the individualization of the product.
The customer further assures that the contents of the transferred image files do not violate the criminal laws or are immoral.
The customer grants Butlers the necessary for the processing of the order rights of use of the submitted motifs, logos, image files, etc., in particular the reproduction right to this, a.
Butlers points out that rightholders can assert injunctive relief claims and substantial claims for damages against the purchaser in the case of infringement of intellectual property rights (copyright, trademark, personality rights, name rights violations, etc.).
The customer undertakes to indemnify Butlers against all claims and claims asserted against Butlers for infringement of copyright, trademark, personality, naming rights and other property rights of third parties, as far as the customer is responsible for the breach of duty. The customer shall reimburse Butlers for all costs of legal defense and other damages incurred in this connection.
As of: 03.12.2018
 
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