Terms and Conditions
§ 1. validity
These terms and conditions in their respective valid version apply to all contracts, deliveries and other services of Redlop GmbH, managing directors Mr. Johann Hirsch and Mr. Andrej Schönknecht, Löffelholzstraße 20, 90441 Nürnberg (hereinafter: Seller), vis-à-vis their buyers.
Deviating general terms and conditions of the buyer shall not apply unless the seller has expressly agreed to them in writing.
§ 2. conclusion of contract
The presentation of the goods in the internet shop does not constitute a binding offer by the seller to conclude a sales contract. The buyer is thereby only requested to make an offer by placing an order.
The offers are non-binding and are valid while stocks last. Small deviations and technical changes in relation to the illustrations or descriptions are possible (misprints, errors excepted). The illustrations in the article descriptions are sample photos which are similar to the article.
By sending the order in the Internet shop, the buyer makes a binding offer directed to the conclusion of a sales contract for the goods contained in the shopping cart. With the sending of the order the buyer recognizes also these trading conditions as for the legal relation with the salesman alone authoritatively.
The seller confirms the receipt of the buyer's order by sending a confirmation e-mail. This order confirmation does not yet represent the acceptance of the contract offer by the seller. It merely serves to inform the buyer that the order has been received by the seller. The declaration of acceptance of the contractual offer is made by the delivery of the goods, invoicing or an express declaration of acceptance.
In the case of auctions, the conclusion of the contract is governed by the General Terms and Conditions of the Auction House (usually surcharge or expiry of time).
§ 3. prices and terms of payment
All prices are marked with sales tax and do not include shipping costs, which are announced to the buyer prior to placing the order (as part of the ordering process). Software, separate accessories, installation, training and other ancillary services are not included unless otherwise agreed in writing.
Payment of the purchase price is due upon conclusion of the contract. In the event of default in payment, interest on arrears shall be charged at a rate of 5 percentage points for a purchaser who is a consumer within the meaning of § 13 BGB (German Civil Code) and at a rate of 8 percentage points above the respective base interest rate pursuant to § 247 BGB for all others.
The delivery to the buyer is only made against advance payment by bank transfer, cash on delivery or payment by credit card. Bills of exchange or cheques will not be accepted.
The buyer is only entitled to the right of set-off if his claim for set-off is legally established or undisputed.
The purchaser may only exercise rights of retention if the counterclaim is based on the same contractual relationship.
§ 4. delivery, availability of goods
Delivery periods require written confirmation.
Partial deliveries by the seller are permissible as far as this is reasonable for the buyer.
The type of dispatch, the dispatch route and the company commissioned with the dispatch are determined by the seller, unless the buyer gives express instructions.
In the case of a delivery to an entrepreneur, the risk of accidental loss and accidental deterioration of the goods shall pass upon delivery, in the case of an agreed shipment upon delivery to the courier service, forwarding agent, carrier or any other person or company designated to carry out the shipment.
In the case of a delivery to a consumer, the risk of accidental loss or accidental deterioration of the goods shall pass to the buyer upon delivery and transfer of the goods. The handover is equal if the buyer is in default of acceptance.
If the seller is not able to deliver the ordered goods through no fault of his own because the supplier does not fulfil his contractual obligations, the seller is entitled to withdraw from the contract with the buyer. However, this right to rescind exists only if the Seller has concluded a congruent hedging transaction with the supplier concerned (binding, timely and sufficient order for the goods) and is not otherwise responsible for the non-delivery of the goods. In such a case the Seller shall immediately inform the Buyer that the ordered goods are not available. Any payments already made by the buyer will be refunded immediately.
If the Seller is prevented from fulfilling its delivery obligations by the occurrence of unforeseen events affecting the Seller or its suppliers and the Seller has been unable to avert such events with reasonable care, e.g. war, natural disasters and force majeure, the delivery period shall be extended accordingly. The Seller shall also inform the Buyer of this without delay. The same shall apply to delays in delivery due to statutory or official orders (e.g. import and export restrictions).
The buyer as well as the seller has the right to withdraw from the contract, if the extension of the delivery time is more than three months for one of the above reasons.
The buyer's claims for damages arising from debtor's default shall be governed by the provisions in § 9 of these General Terms and Conditions.
§ 5. revocation instruction for consumers in the sense of § 13 BGB (German Civil Code)
right of withdrawal
You have the right to revoke this contract within fourteen days without giving reasons.
The withdrawal period shall be fourteen days from the date on which you or a third party other than the carrier who has taken possession of the goods, designated by you, have taken possession of them. In order to exercise your right of revocation, you must
Löffelholzstr. 20 Geb. 12
90441 Nuremberg, Germany
by means of a clear statement (e.g. a letter, fax or e-mail sent by post) that you have decided to revoke this Agreement. You may also use the sample withdrawal form or other unambiguous statement on our website http://www.redlop.de/test/Muster-Widerrufsformular.pdfrunterladen, which is not mandatory. If you make use of this option, we will immediately (e.g. by e-mail) send you a confirmation of receipt of such a revocation, but this is not mandatory.
In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of revocation
If you revoke this Agreement, we shall reimburse you immediately and no later than fourteen days from the date on which we received notice of your revocation of this Agreement for all payments we have received from you, including delivery charges (other than additional charges arising from your choice of a method of delivery other than the cheapest standard delivery offered by us). We will use the same means of payment used by you in the original transaction for such refund, unless expressly agreed otherwise with you and in no event will you be charged for such refund. We may refuse a refund until we have received the Goods back or until you have provided evidence that you have returned the Goods, whichever is the earlier".
You shall return or deliver the Goods to us immediately and in any event no later than fourteen days from the date on which you notify us of the revocation of this Contract. This period shall be deemed to have been observed if you dispatch the goods before the expiry of the period of fourteen days.
You shall bear the direct costs of returning the goods.
You shall only be liable for any loss in value of the goods if such loss in value is due to handling of the goods that is not necessary for testing their condition, properties and functionality.
The right of revocation does not apply to distance contracts.
to the delivery of goods, which are made after customer specification or are clearly cut to the personal needs,
for the delivery of audio or video recordings or software, if the delivered data carriers have been unsealed by the consumer.
§ 6 Agreement to bear the costs of exercising the right of revocation
You have to bear the regular costs of the return if the delivered goods correspond to those ordered.
§ 7. acceptance; return shipment
If the buyer is in default of acceptance or if he violates other duties to cooperate, the seller is entitled to demand a lump-sum compensation i. H. v. 10% of the purchase price. The damages shall be set higher or lower if the Seller proves higher damages or the Buyer proves lower damages. Further claims remain reserved.
For the duration of the Buyer's default of acceptance, the Seller shall be entitled to store the delivery items at the Buyer's risk at his premises, at a forwarding agency or a warehouse. During the duration of the delay in acceptance, the buyer shall pay a flat rate of 15 euros per month for the storage costs incurred without further proof. The flat-rate compensation shall be reduced to the extent that the Buyer proves that expenses or damage did not occur or did not occur in the amount. In the event of unusually high storage costs, the seller reserves the right to assert these.
In the event of return within the scope of revocation, the seller has the option of demanding compensation for the value in accordance with § 357 Para. 3 BGB (German Civil Code). This obligation to pay compensation does not apply if the buyer treats the goods carefully together with all accessories and returns them in the original packaging to avoid a reduction in value.
In the case of exchange, return or credit requests outside the statutory revocation period or from companies whose cause the seller is not responsible for, a reversal only takes place after written confirmation by the seller. The basic prerequisite for this is the condition of the goods and their resalable condition. The expected refund amount results from the resale price to be achieved at the time of receipt of the goods by the seller minus a cancellation/processing fee of 10% of the invoice amount.
§ 8. retention of title
The delivered goods remain the property of the seller until full payment has been made.
As long as the ownership has not been transferred to the buyer, the buyer is obliged to handle the delivered goods with care and to store them separately. As long as the ownership has not yet been transferred to him, the buyer must inform the seller immediately in writing if the delivered goods have been seized or are subject to other interventions by third parties. Insofar as the third party is not in a position to reimburse the seller for the court and out-of-court costs of an action pursuant to § 771 ZPO, the buyer shall be liable for the loss incurred by him.
Resale is only permitted within the framework of a proper course of business. The Buyer hereby assigns to the Seller the claims of the Buyer arising from the resale of the reserved goods in the amount of the final invoice amount agreed with the Seller (including value added tax). This assignment applies regardless of whether the reserved goods have been resold without or after processing. The buyer remains authorised to collect the claim even after the assignment. The authority of the seller to collect the claim himself remains unaffected by this. However, the claim shall not be collected as long as the Buyer meets his payment obligations from the proceeds received, is not in default of payment and, in particular, no application for the opening of insolvency proceedings has been filed and payments have not been suspended.
In business relations with an entrepreneur, the buyer shall insure the goods owned by the seller for the duration of the retention of title against fire, water, theft and burglary. The rights from this insurance are assigned to the seller. The seller accepts the assignment.
The treatment and processing or transformation of the delivered goods by the buyer is always carried out in the name and on behalf of the seller. In this case, the buyer's expectant right to the goods delivered by the seller continues in the transformed item. If the delivered goods are processed with other objects not belonging to the buyer, the seller acquires co-ownership of the new object in the ratio of the objective value of the delivered goods to the other processed objects at the time of processing. The same shall apply in the event of mixing. If the mixing is carried out in such a way that the buyer's item is to be regarded as the main item, it shall be deemed agreed that the buyer transfers proportionate co-ownership to the seller and stores the resulting sole ownership or co-ownership for the contractor.
§ 9 Warranty, duty to inspect
The seller trades with new and used products.
The buyer is aware that the used products may show signs of use such as scratches, license stickers, inventory numbers, etc.. This does not represent a defect.
The used printers usually contain used toner cartridges or ink cartridges for which the seller assumes no liability.
The products are generally in working order, as far as these are not expressly offered as defective.
Warranty claims do not exist in case of insignificant deviation from the agreed condition, in case of only insignificant impairment of usability, in case of natural wear and tear as well as in case of damages which occur after the transfer of risk due to faulty or negligent handling, excessive strain, unsuitable equipment, defective installation or due to special external influences which are not assumed according to the contract. If improper repair work or modifications are carried out by the purchaser or third parties, no claims for defects shall exist for these and the resulting consequences either.
If the buyer is not a consumer within the meaning of § 13 BGB (German Civil Code) or if the buyer acquires the goods in the commercial or independent interest, the seller shall assume a switch-on guarantee of 30 days from the date of delivery for the used devices and spare parts offered as functional.
Obvious defects must be reported to the seller in writing by the buyer within 14 days of delivery of the goods. Defects must be reported to the seller in writing within the warranty period, this applies if the buyer is a merchant, a legal entity under public law or a special fund under public law.
The buyer shall first have the choice of whether the subsequent performance is to take the form of repair or replacement delivery. However, the seller is entitled to refuse the type of supplementary performance chosen by the buyer if it is only possible with disproportionate costs and the other type of supplementary performance remains without considerable disadvantages for the buyer. During the subsequent performance, the reduction of the purchase price or the withdrawal from the contract by the buyer are excluded.
Subsequent performance shall be deemed to have failed with the second unsuccessful attempt, unless something else results, in particular, from the nature of the item or the defect or other circumstances. If subsequent performance has failed or if the Seller has refused subsequent performance in its entirety, the Buyer may, at its option, demand a reduction in the purchase price or declare its withdrawal from the contract.
The provision in § 9 of these General Terms and Conditions shall apply to claims for damages by the Buyer against the Seller.
The limitation period for warranty claims of the buyer is two years for consumers for newly manufactured items and one year for used items.
For entrepreneurs, the limitation period is one year for newly manufactured goods and 30 days for used goods.
This period shall also apply to claims for compensation for consequential damage caused by a defect, unless claims are asserted in tort.
The aforementioned shortening of the limitation periods does not apply to claims for damages by the buyer due to injury to life, limb or health or to claims for damages due to a breach of essential contractual obligations. Material contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract. The above shortening of the limitation periods shall also not apply to claims for damages based on an intentional or grossly negligent breach of duty by the Buyer, its legal representatives or vicarious agents.
The warranty period begins on the day of delivery.
For the parts installed within the scope of a removal of defects, the purchaser can only assert claims for material defects on the basis of the purchase contract up to the expiry of the limitation period for the object of purchase.
Replaced parts become the property of the seller.
§ 10. liability
Claims for damages of the buyer are excluded, as far as nothing else is determined in the following. The above exclusion of liability shall also apply in favour of the Seller's legal representatives and vicarious agents if the Buyer asserts claims against them.
Claims for damages due to injury to life, body or health are excluded from this particular exclusion of liability. Also excluded from the exclusion of liability is liability for damage caused by an intentional or grossly negligent breach of duty by the seller, his legal representatives or vicarious agents.
The provisions of the Product Liability Act (ProdHaftG) shall remain unaffected.
Insofar as the Seller is not liable on the basis of an assumed guarantee, the liability for claims for damages shall otherwise be limited as follows: The Seller shall only be liable for damages caused by slight negligence insofar as these are based on the breach of essential contractual obligations. Material contractual obligations are those whose fulfilment is essential for the proper execution of the contract and on whose compliance the contractual partner could rely. The Seller's liability for ordinary negligence under this provision is limited to typically foreseeable damages.
For damages caused by delay due to slight negligence, the Seller's liability shall be limited to the typically foreseeable damage, however, to a maximum of 5% of the total price agreed in the affected contract.
The provisions of the preceding paragraph shall also apply mutatis mutandis to a limitation of the obligation to pay compensation for futile expenses (§ 284 BGB).
The buyer himself is responsible for the backup of the data stored on hard disks or their deletion in the event of a return/repair order.
§ 11. export licence
Any approvals of the Federal Office for Trade and Industry necessary for the export of the delivered goods must be obtained by the buyer in his own name and at his own expense. The refusal of such an export permit does not entitle the buyer to withdraw from the contract.
§ 12. use of data
Data of the buyer are raised by the salesman only in the context of the completion of contracts. The legal requirements, in particular the Telemedia Act (TMG) and the Federal Data Protection Act (BDSG), are observed. Inventory and usage data of the buyer are only collected, processed or used to the extent necessary for the processing of the contractual relationship. Personal data will of course be treated confidentially.
§ 13. legal basis, place of performance
The contractual relations between the seller and the buyer shall be governed by the laws of the Federal Republic of Germany. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
The place of jurisdiction for all disputes arising from the contractual relationship between the buyer and the seller is the seller's registered office, provided that the buyer is a merchant, a legal entity under public law or a special fund under public law.
Place of performance is the registered office of Redlop GmbH, provided that the buyer is a merchant, a legal entity under public law or a special fund under public law.
Status: March 2015