General Terms and Conditions (GTC) including consumer information

§ 1 Scope and definition of terms
1. Contracts are concluded with Daniela Rosenhammer, Stadtamhof 5, 93059 Regensburg, info@redfries.com, www.redfries.com (hereinafter referred to as "redfries") and customers, who may be consumers or entrepreneurs.
2. These GTC apply exclusively to all orders with customers via the online shop www.redfries.com (hereinafter referred to as "website") or via other means of remote communication. 
3. deviating provisions of the customer are not recognised unless redfries expressly agrees to their validity in text form.
4. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed (§ 13 BGB). 
5. An entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of his commercial or self-employed professional activity (§ 14 BGB).
6. redfries is not subject to any special codes of conduct not mentioned in these GTC.
7. Individual agreements made with the customer in individual cases take precedence over these GTC in all cases.
8. References to the applicability of statutory provisions are for clarification purposes only. Even without such clarification, the statutory provisions shall therefore apply unless they are directly amended or expressly excluded in these GTC.

§ 2 Conclusion of contract in the online shop - conclusion of a contract - correction options
1. The presentation of our goods in the online shop is non-binding. 
2. The customer can select from the range of products presented on the website and collect them in a so-called virtual shopping basket by clicking on the button "Add to shopping basket". The customer can leave the virtual shopping cart at any time in order to view and add further products on the website and then call it up again. 
3. By clicking on the "Checkout" button in the virtual shopping cart, the customer is taken to a page where he/she can enter the data required to complete the order (e.g. address and payment method/information) and then view his/her entire order (order overview page). By clicking on the button "pay now", the customer makes a binding offer to purchase the products in the virtual shopping basket. 
4. Before submitting the order, the customer can view and change the data directly on the order overview page at any time and correct possible input errors. The purchase offer can only be submitted and transmitted if the customer has accepted by "ticking off" the options "I have read the General Terms and Conditions and expressly agree to them" before submitting the order. The General Terms and Conditions thereby become part of the customer's offer. 
5. After receipt of the order, redfries will send the customer an automatic order confirmation by e-mail, which confirms the technical receipt of the order by redfries and again lists the details of the customer's order. The customer can print out this e-mail and save it in his e-mail inbox. The automatic order confirmation merely documents that the customer's order has been received by redfries' IT system and does not constitute a declaration of acceptance of the customer's purchase offer. 
6. The purchase contract will only be concluded if redfries accepts the offer by sending the goods or expressly declares acceptance of the purchase offer to the customer in text form. In the case of payment in advance, the goods will only be sent after the full amount has been credited to the account of redfries.

§ 3 Storage of the contract text - inspection options - contract language
1. redfries stores the text of the contract, i.e. the customer's order data, the declaration of acceptance by redfries and these GTC. The order data, the declaration of acceptance and these GTC will also be sent to the customer by e-mail, which he can print out. The customer can also view and print out the GTC at any time on the website of the online shop under "GTC". Furthermore, for security reasons, the customer does not have the possibility to view the concluded contract after the conclusion of the contract. 
2. The languages available for the conclusion of the contract are German and English.

§ 4 Registration for the online shop
1. The customer can register for our online shop free of charge. This facilitates future orders, as the order data do not have to be entered again each time.
2. To register, the customer electronically fills out the registration form available on the website and forwards it to redfries. The data required for registration must be provided completely and truthfully by the customer. When registering, the customer must choose a personal user name and password. The customer is obliged to keep the password secret and not to disclose it to third parties under any circumstances. 
3. The registration is not connected with any obligations. The customer can delete his registration at any time under "My Account". Registration alone does not constitute any obligation to purchase the products offered by redfries.
4. If the customer's personal details change, he is responsible for updating them himself. All changes can be made online after registration under "My account".

§ 5 Prices, shipping costs
1. All prices are in euros and are total prices including the applicable statutory value added tax plus any delivery and shipping costs.
2.  Unless expressly stated otherwise, the shipping costs incurred shall be borne by the customer. The shipping costs can be viewed under the link "Shipping" and are shown for each product in the product view.

§ 6 Delivery, delivery area, transfer of risk for companies
1. The delivery is carried out by DHL. Delivery restrictions can be viewed under the link "Shipping". 
2. Delivery will be made within 10 working days at the latest (Monday to Friday, excluding public holidays at the registered office of redfries) after the payment order has been issued to the remitting bank in the case of payment in advance or after the contract has been concluded in the case of instant bank transfer or PayPal payment.
3. If the customer is a consumer, the risk of accidental destruction, accidental damage or accidental loss of the delivered goods shall pass to the customer at the time at which the goods are delivered to the customer or the customer is in default of acceptance. In all other cases, the risk shall pass to the customer when the goods are delivered to the transport company.

§ 7 Means of payment, due date of payment, default in payment
1. the customer can make payment in advance, via our payment service provider Shopify Payments via "PayPal", credit card, Google Pay, Apple Pay, Klarna, Maestro or Shop Pay. The respective payment service providers may restrict payment methods in individual cases. 
2. Payment of the purchase price is due immediately upon conclusion of the contract, unless otherwise agreed.

§ 8 Retention of title
1. The object of purchase remains the property of redfries until the purchase price has been paid in full.

§ 9 Warranty - Statute of limitations
1. The statutory warranty applies to consumers.
2. With regard to goods with digital elements, the statutory provisions apply to material defects and defects of title in digital elements.
3. Vis-à-vis entrepreneurs, claims of the customer due to material defects in new goods shall become statute-barred after one year from the date of handover of the object of purchase. The sale of used goods is subject to the exclusion of any liability for material defects. § Section 479 of the German Civil Code (BGB) remains unaffected. 
4. The above limitations shall not apply in the event of claims by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations. Material contractual obligations are the basic, elementary obligations arising from the contractual relationship, the fulfilment of which makes the proper performance of the contract possible in the first place, the breach of which jeopardises the achievement of the purpose of the contract and the observance of which the customer regularly relies on and may rely on. The liability for intentional or grossly negligent breaches of duty, in the event of fraudulent concealment of defects or in the event of the assumption of a guarantee of quality as well as for claims under mandatory statutory provisions, such as the Product Liability Act, shall remain unaffected. 5.
5. If a guarantee is stated in the article description, the customer's statutory rights against redfries in respect of defects remain unaffected. The content of the guarantee and all essential information required for the assertion of the guarantee can be viewed by the customer via a link in the item description.

§ 10 Right of withdrawal for consumers in distance selling - obligation to bear costs
1. If the customer is a consumer and has concluded the contract with redfries using exclusively means of distance communication in a distribution system organised for distance selling, he is entitled to a statutory right of withdrawal. A separate instruction on this right of revocation together with a sample revocation form will be sent by e-mail immediately after conclusion of the contract and can also be viewed at any time on the internet pages of the online shop under "Revocation". 
2. When exercising the statutory right of revocation, the customer shall bear the direct costs of returning the goods.

§ 11 Information on the EU's ODR dispute resolution platform and information in accordance with the VSBG (German Disputes Settlement Act)
1. The European Commission provides a platform for the extrajudicial online settlement of disputes (OS platform), which can be accessed at www.ec.europa.eu/consumers/odr. Our e-mail address for consumer complaints is info@redfries.com. 
2. We are neither obliged nor willing to participate in the dispute resolution procedure.

§ 12 Choice of Law - Jurisdiction Agreement for Entrepreneurs
1. All legal relationships between the customer and redfries shall be governed by the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods. In the case of consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
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 or in connection with the contractual relationships between redfries and the customer is the registered office of redfries (Regensburg). The same applies if the customer does not have a general place of jurisdiction in Germany or moves his place of residence abroad after conclusion of the contract or if his place of residence is not known at the time the action is brought. redfries reserves the right, however, to bring an action at the customer's general place of jurisdiction in individual cases.

Status 07/2022