§1 Field of Application and Applicable Law

These General Terms and Conditions (hereinafter: GTC) apply to all orders via and transactions between (hereinafter: Customer) and the authorized party of the OnlineShop www.redgator.de (hereinafter: Online-Shop) namely the company

redgator UG (limited liability)
represented by the Managing Director:
Andreas Pawlowski
Zobelweg 3d
22159 Hamburg
eMail: info@redgator.de

Hereinafter „the company“

Shipments, services and other transactions offered by the Company shall be subject exclusively to the GTC executed herein. Purely as a precaution, we object to the inclusion of deviating GTC of our customers.

The offer of the online store is intended only for persons of legal age. Minors or persons who are not of full legal capacity please send an order, enclosing the required approval of the authorized person, exclusively by mail to the above address.

Contractual language is German. Moreover, German law is exclusively applicable also in cross-border traffic. A validity of the provisions of the United Nations Convention on Contracts for the GTC in their currently valid and printable version is available on the website www.redgator.de/allgemeine-geschaeftsbedingungen/

§2 Conclusion of Contract

The Online-Shop serves the purpose of presentation of goods. Goods shown there and their description do not constitute offers to conclude a purchase contract but are a non-binding invitation to the customer to make an offer. A contract between the company and the customer is not already concluded by clicking the button “Order now with obligation to pay”. This is rather the binding offer of the customer in the sense of §145 BGB.

The company uses an automated email confirming the receipt of an offer from the customer (hereinafter: Confirmation of Receipt). The Confirmation of Receipt serves only to inform the customer and is not yet a legally binding acceptance.

The contract is concluded with the customer only when the company expressly confirms this separately, or when the goods are tacitly shipped to the customer.

§3 Prices

Prices displayed on the Internet pages of the Online-Shop are aimed at consumers and therefore include the statutory Value Added Tax. The shipping costs incurred are calculated separately. You will find an overview under www.redgator.de

$4 Payment and Default

Payment of the contractually agreed price including all fees and shipping costs is due upon conclusion of the contract. The company grants a deferral depending on the payment method, but this does not mean a general deferral. The customer is entitled to partial payments only in case of a separate written agreement.

In the event of default, statutory interest on arrears of 5% points above the prime rate will be charged.

In addition, a flat fee of € 2.50 will be charged for each reminder after the occurrence of default, but the customer is allowed to prove that no damage has occurred at all or that the damage is significantly lower than the flat fee.

The online store offers various payment methods. These include

• Invoice in advance
• Paypal

When paying in advance, the company informs the customer about account details and the purpose of payment together with the order confirmation. If the customer does not pay the full amount to the company within 10 days from receipt of the confirmation, he is in default.

$5 Delivery and Security Rights

The individual components of the goods are manufactured by sub-suppliers on individual order and assembled by the company. The order to the pre-supplier is placed only after the expiry of the cancellation period (see also § 7). Accordingly, delivery can be expected after 4 weeks at the earliest. Due to the pre-delivery, no binding information on the delivery date can be given in the order process. The Company shall notify the Customer of the expected delivery period separately.

The goods will be shipped to the address specified by the customer in the Online-Shop. Any other procedure requires a separate written agreement.

If the customer is an entrepreneur within the meaning of § 14 BGB (German Civil Code), additionally the following applies:

The goods remain the property of the Company until full payment of the purchase price and any other costs and charges associated with the respective individual transaction.

If the customer is an entrepreneur within the meaning of § 14 BGB (German Civil Code), the following shall apply additionally:

The goods shall remain the property of the company until all liabilities of the customer arising from the entire business relationship have been settled in full (extended reservation of title). The assignment of an expectant right by the customer is prohibited. Likewise, a transfer of ownership by way of security or pledging of the goods before final transfer of ownership is not permitted.

If the Customer processes the goods or if they are mixed, the company shall acquire co-ownership of the new item on a pro rata basis according to the invoice amounts between the goods and other processed or mixed items.

The customer may resell the goods in the course of his business, but he hereby assigns to the company the claims arising therefrom in the amount of the invoice. The company accepts the assignment and allows the customer to collect the claim until revocation. The company shall be entitled to revoke the assignment, inter alia, if the customer defaults on its payment obligations.

If the actual value of the securities granted to the company exceeds the outstanding liabilities of the customer by 10%, the company undertakes to release securities until the value falls below this limit again. The company shall have the choice as to which specific securities are released.

§6 Offsetting and Retention

The customer may only offset against claims of the company with its own claims which are either legally established, not disputed or acknowledged by the company or if the counterclaims arise from the same contractual relationship (for example, claims for defects).

Furthermore, the customer shall only have a right of retention insofar as he has a counterclaim from the same contractual relationship.

§7 Widerrufsbelehrung

If the customer is a consumer in the sense of § 13 BGB (German Civil Code), he is entitled to a right of revocation under the following conditions. A consumer is regularly defined as a person who does not make the purchase for purposes that are predominantly attributable to his or her commercial or self-employed professional activity.

Right of Withdrawal

You have the right to cancel this contract within fourteen days without giving any reason.

The revocation 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 goods.

In order to exercise your right of withdrawal, you must send us

redgator UG (limited liability)
represented by the Managing Director:
Andreas Pawlowski
Zobelweg 3d
22159 Hamburg
eMail: info@redgator.de

by means of a clear declaration (e.g. a letter sent by post or e-mail) of your decision to revoke this contract. You can use the enclosed model withdrawal form for this purpose, which is, however, not mandatory.

To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of Cancellation

If you withdraw from this contract, we must repay you all payments that we have received from you, including the delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.

We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return or hand over the goods to us or to the delivery company specified as the sender without delay and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You bear the direct costs of returning the goods.

You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.

Sample Cancellation Form

To

redgator UG (limited liability)
represented by the Managing Director:
Andreas Pawlowski
Zobelweg 3d
22159 Hamburg
e-Mail: info@redgator.de

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*):

Ordered on ()/received on ()

Name of the consumer(s):

Address of consumer(s):

Signature of consumer(s) (Only if sent on paper)

Date

(*) Delete where inapplicable

The right of withdrawal does not apply to the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer, to the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal was removed after delivery or to the delivery of sound or video recordings or computer software in a sealed package if the seal was removed after delivery.

§8 Warranty Rights

The customer’s warranty claims shall be governed by the statutory provisions of the Law on Sales from §§ 433 ff. BGB (GERMAN CIVIL CODE). Any deviating agreement must be in writing.

If the customer is a consumer in the sense of § 13 BGB (German Civil Code), the limitation period for warranty claims for used goods is – in deviation from the statutory provisions – one year. This limitation does not apply to claims based on damages resulting from injury to life, body or health or from the breach of an essential contractual obligation, the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which the contractual partner may regularly rely, as well as to claims based on other damages resulting from an intentional or grossly negligent breach of duty by the user or his vicarious agents.

If the goods are delivered with obvious transport damages, the customer shall notify the company of this immediately, naming the transport service provider and the driver carrying out the transport. In addition, he shall complain about the damage to the transport service provider. The existence of any warranty claims of the customer is independent of this.

If the customer is an entrepreneur within the meaning of § 14 of the German Civil Code (BGB), the following shall apply in deviation from or instead of the statutory provisions:

The warranty period is one year from delivery of the goods. Only the company’s own information and the manufacturer’s product description are binding for the quality of the goods, but not public promotions and statements and other advertising by the manufacturer.

The customer is obliged to examine the goods immediately and with due diligence for deviations in quality and quantity and to report obvious defects within 7 days of receipt of the goods. Timely dispatch is sufficient to meet the deadline. This shall also apply to hidden defects discovered at a later date. In the event of a breach of the obligation to inspect and give notice of defects, the assertion of warranty claims shall be excluded.

In the event of defects, the Company shall, at its discretion, provide warranty by rectification or replacement delivery (subsequent performance). In the event of rectification, the Company shall not be required to bear the increased costs incurred by transporting the goods to a location other than the place of performance, provided that such transport does not correspond to the intended use of the goods.

If rectification fails twice, the customer may, at his option, demand a reduction or withdraw from the contract.

§10 Dispute Resolution

The company does not participate in a dispute resolution of contractual matters with consumers in accordance with the Consumer Dispute Resolution Act of 19 February 2016 (BGBl. I p. 254, 1039).

§11 Final Provision and Agreement on Place of Jurisdiction

In the event of the invalidity of one or more provisions of these GTC, including for the future, the other provisions shall remain in effect.

Insofar as permissible, i.e. for example because the customer is a merchant, the place of jurisdiction for all disputes arising from or in connection with contracts shall be Hamburg.

Fassung vom 18.01.2021