GTCs including consumer infromation
§1 Scope and definitions
1. Daniela Rosenhammer (hereinafter referred to as "redfries") is the owner and operator of the Online Shop at the Internet address www.redfries.com (hereinafter referred to as "Website"). The following general terms and conditions shall apply exclusively to all orders made by any natural or legal person (hereinafter referred to as "Client") via the Website or by any other means and to the deliveries and services of redfries. Deviating provisions by the Client shall not be recognized, unless redfries specifically agrees to them in writing.
2. Contracts for the offerings of the Online Shop of redfries shall be formed with Daniela Rosenhammer, Stadtamhof 5, 93059 Regensburg. redfries can be contacted at: Phone +49.941.2902994, Fax +49.941.2902995, E-Mail:email@example.com.
3. Consumer is any natural person concluding a legal transaction for purposes that are not predominantely related to their professional activities, either in the context of employment or self-employment (sec. 13 BGB (German Civil Code)). Entrepreneur is any natural or legal person or legal partnership who is entering the Contract in his/her capacity of conducting professional activities, either in the context of employment or self-employment (sec. 14 BGB).
4. redfries is not subject to any special code of conduct not mentioned in these GTCs.
§ 2 Conclusion of contract in the Online Shop
1. The Client can choose products from the range presented on the Website and collect these in a so-called virtual shopping bag by using the button "Add to Cart." The Client can leave the virtual shopping bag at any time to view and add additional products on the Website and subsequently retrieve it again. Using the button "Proceed to Checkout" in the shopping bag, the Client can access a page that allows the submission of data necessary for the execution of the order (e.g. address and mode of payment, as well as payment information) and subsequently view his/her entire order (order summary page). Via the button "Place Order" located there, the Client makes a binding offer for the purchase of the products located in the virtual shopping bag. Before submitting the order, the Client can view and change all data on the order summary page at any time, and correct any typing errors. The purchase offer can only be submitted if the Client accepts these GTCs and acknowledges the right of revocation by "checking" the options "I have read the Business Terms and agree with them." and "I have read the Right of Revocation." before submitting the order. Thereby, these GTCs become a part of the Client's offer.
2. After receiving the order, redfries shall email an automatic order confirmation to the Client confirming the technical receipt of the order by redfries and reiterating the details of the Client's order. The Client can print this email and/or save it in his/her mailbox. The automatic order confirmation shall merely document that the Client's order has been received by redfries's computer system and shall not yet constitute acceptance of the Client's purchase offer. The purchase agreement shall not be formed until redfries accepts the offer by sending the merchandise or expressly confirms acceptance of the offer with the Client by e-mail or in writing. If advance payment was chosen the delivery will only be done after the entire amount has been credited to redfries's account.
3. redfries shall save the wording of the contract, i.e. the Client's order information, the acceptance by redfries, and these GTCs. The order information, the acceptance, and these GTCs shall also be sent to the Client in a printable email. The Client can also view the GTCs on the Website of the Online Shop under "GTCs".
4. The languages available for the conclusion of contract shall be English and German.
§ 3 Online Shop registration
1. The Client can register for our Online Shop free of charge. This facilitates future orders because the order information does not have to be resubmitted every time. Orders are only possible for registered users.
2. To register, the Client completes the electronic registration form on the Website and submits it to redfries. The data required for registration shall be supplied by the Client completely and truthfully. When registering, the Client must specify a personal username and password. The username must not violate the rights of third parties, naming or trademark laws, or common decency. The Client must keep the password secret and must not share it with third parties under any circumstances.
3. Registration does not entail any obligations. The Client may delete his/her registration under "My Account" at any time. Registration alone does not entail an obligation to purchase any products offered by redfries.
4. If the personal information of the Client changes, he/she shall be responsible for updating it. All changes can be made online after registration under "My Account".
§ 4 Prices, shipping costs
1. All prices stated in the online shop are total prices in Euros and, unless expressly stated otherwise, include the valid statutory value added tax in Germany.
2. Incidental shipping costs shall be borne by the Client, unless expressly stated otherwise. Shipping costs can be viewed under the link " Shipping" and are shown for each product in the product view.
§ 5 Delivery, delivery area, transfer of risk for entrepreneurs
1. Delivery shall occur via Deutsche Post or via DHL. Delivery restrictions may be viewed under the link "Shipping".
2. Delivery shall occur no later than 5 business days (Monday through Friday, excluding legal holidays at redfries's domicile) after receipt of the payment order by the transferring bank in the case of prepayment or after conclusion of the contract in the case of payment via service provider Sofortüberweisung or PayPal, respectively.
3. If the Client is a consumer, the risk of accidental sinking, destruction, or loss of the delivered merchandise shall transfer to the Client at the time the merchandise is delivered to the Client or the Client is in default of acceptance. In all other cases, the risk shall transfer to the Client at the time of delivery of the merchandise to the shipping company
§ 6 Payment method, due date of payment, default of payment
1. The Client may pay by means of advance payment, through “PayPal” which offers further methods of payment, as well as through the online payment service Sofortüberweisung.
2. Payment of the purchase price is due immediately after conclusion of the contract, unless otherwise agreed upon. If the payment is due on a certain date, the Client is in immediate default when missing this deadline. In this case, he/she shall be obligated to pay default interest in the amount of 5 percentage points above the German base interest rate; if the Client is a principal, the default interest shall be 8 percentage points above the German base interest rate. Further, we shall retain the right to charge reminder fees as well as to claim additional damages.
§ 7 Offsetting, retention rights
If the Client is an entrepreneur, he/she shall only be entitled to exercise the right of retention or the right to withhold performance against claims made by redfries if his/her counterclaims were ascertained with legal force, and are recognised by redfries, his/her counterclaims are undisputed or are based on the same contractual relationship (e.g. on the same purchase agreement).
§ 8 Retention of title
1.The purchased object shall remain the property of redfries until the required purchase price has been paid in full.
§ 9 Warranty/Limitation
1. For consumers, the statutory warranty shall apply.
2. Vis-à-vis consumers, claims based on material defects are subject to a limitation period of two years in the case of new merchandise and of one year in the case of used merchandise, each after handover of the purchase object respectively.
3.Vis-à-vis entrepreneurs, claims based on material defects are subject to a limitation period of one year after handover of the purchase object in the case of new merchandise, and the sale of used merchandise will be exclusive any liability of redries for material defects. Sec. § 479 BGB remains unaffected.
4. The above limitations shall not apply to claims of the Client arising from injury to life, limb, health or breach of material contractual obligations. Essential contractual obligations are the basic, elementary obligations under the contractual relationship, the fulfilment of which enable the orderly performance of the contract in the first place, and violation thereof would endanger the achievement of the purpose of the contract and which the contracting party can and will rely on compliance therewith on a regular basis. The liability for intentional or grossly negligent breaches of duty, fraudulent concealment of defects or assumption of a quality
guarantee as well as for claims based on mandatory statutory provisions, such as the Product Liability Act, remains unaffected.
5. If the product description shows a guarantee, the legal defect rights of the Client vis-à-vis redfries remain unaffected thereby. The contents of the guarantee and all pertinent information necessary for the assertion of the guarantee can be viewed by Clients via a link in the product description.
§ 10 Right of revocation for consumers in the distance selling trade
If the Client is a consumer and he/she has concluded the contract with redfries solely by means of remote means of communication in an organised distance sales or service provision scheme (§ 312b of the German Civil Code [BGB]), he/she is entitled to a statutory right of withdrawal. Separate instructions on this right of revocation, in addition to a sample withdrawal form, will be emailed immediately after conclusion of the contract and are also always available on the online shop’s website under “Returns”.
§ 11 Notes on data processing
Within the scope of fulfilling and processing contracts concluded via the online shop, redfries collects the personal data of Clients. redfries observes the provisions of the respective data protection regulations. For further information, please refer to the Privacy Statement on our website.
§ 12 Reference to the ODR Dispute Resolution platform of the EU
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), which is available at www.ec.europa.eu/consumers/odr. www.ec.europa.eu/consumers/odr. Our email address for consumer complaints is firstname.lastname@example.org. We are neither obliged nor willing to participate in the dispute settlement process.
§ 13 Choice of law – Agreement on jurisdiction
1. The laws of the Federal Republic of Germany to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG) shall apply to all legal relationships between the Client and redfries. In the case of consumers, this choice of law shall only apply insofar as the protection conferred by indispensable provisions of the laws of the country, in which the consumer has his/her usual place of residence, will not be disposed.
2. Insofar as the Client is a merchant, a corporation under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from or in the context of the contractual relationships between redfries and the Client, shall be the domicile of redfries, Regensburg. The same shall apply if the Client does not have a general domestic place of jurisdiction or changes his domicile to a foreign country after the contract was concluded or his domicile is unknown at the time the legal action is filed. redfries reserves the right, however, to sue the Client at its general place of jurisdiction provided by applicable law.