General terms and conditions
of the RED GmbH, status January 2009
The RED GmbH holds the right to change the terms and conditions at any time.
Article 1 – GENERAL
Our general terms of business count, until expressly something other is agreed for all offers, orders, bills of sale and deliveries, which we perform to principal (buyer). They do count also to future business connections even if they are not expressly agreed again.
Divergent general terms of business of the buyer are not recognized, even if we do not contradict them expressly. All subsidiary agreements need our written confirmation. Herewith to divergent conditions, in particular shopping terms of the buyer, is contradicted.
ARTICLE 2 - PRICE / RESERVATION OF PROPERTY RIGHTS
1.1 the given „ Devignglobe price “ corresponds:
- to the retail price (incl. VAT). Possible forwarding expenses and packing charges are given separately.
-to the tax-free price of the dispatch in EU third countries. Possible forwarding expenses and packing charges are given separately. For Non EU countries we raise an inclusive fixed charge for the value added tax for the respective article. The customer has to pay every kind of fee, duty and import tax which become due by the dispatch to a non-EU country.
1.2 - RED GmbH reserves the right to modify its prices constantly but the products will be invoiced on the basis of the tariff in EUROS valid at the time of the recording of the order.
1.3 - The product remains the RED GmbH property up to the complete payment of the price. However, starting from acceptance of the delivery by the customer, the risks of the supplied goods are transferred to the customer.
ARTICLE 3 – ORDER
Orders are given exclusively over the website www.devignglobe.com, provided that no other arrangement with the RED GmbH exists. Information on the website www.devignglobe.com shows no fixed offer/contract; the information is to be understood only as a request for a purchase offer. A submitted order form is a binding agreement to close a purchase contract.
RED GmbH can accept this offer within four weeks by an explicit explanation in form of a confirmation of order by email. Sending the ordered product or an invoice to the customer is on a par with an explicit notice of acceptance.
After completion of the contract The RED GmbH reserves the right to withdraw from the contract if facts become known that the buyer is a payment risk on the invoiced purchase price claim after obligatory business judgment.
The RED GmbH checks all orders and payments. These examinations have the task to protect the RED GmbH against abuse and deception. Within the scope of this the customer service can ask for information (z. B, proof of residence, proof of payment...), which are necessary for the processing of your order.
Our offers are non-binding. Small divergences and technical changes compared with our pictures and descriptions are possible.
ARTICLE 4 - CONFIRMATION
By sending your order you accept the general terms of sale of the RED GmbH.
ARTICLE 5 - AVAILABILITY
In general the delivery occurs 2-3 days after order conformation and receipt of payment (depending on address of delivery). Should an article not be in stock, you are informed about the delay of delivery by email. Should an article not be in stock or no longer in the program, the RED GmbH reserves itself the right to deliver a comparable substitute or to cancel the order. Delivery occurs as long as stock lasts.
If the customer orders the product in a number of pieces which can not be sent immediately, RED GmbH delivers the product according to availability in part deliveries.
ARTICLE 6 - DELIVERY AND FORWARDING EXPENSES
6.1 general remarks
Their order is sent to the address that you have given as an address of delivery with your order. It is not possible to deliver to a post office box.
6.2 delivery dates
The given delivery date is not guaranteed. According to model or delivery address the actual delivery date can deviate from the delivery date given on the website. The RED GmbH has the right, with several articles, which do not have the same delivery date to arrange a part delivery. The additional forwarding expenses are taken over from the RED GmbH.
6.3 delays of delivery
In case of delayed delivery due to the ordered article no being in stock, you are informed as soon as possible by email. You have the possibility to cancel your order. The RED GmbH cannot be held responsible for delays of delivery, which are caused, by the responsible parcel service or the responsible forwarding agency.
6.4 damages in transit
Please check immediately the condition of the product. Whether it is complete and undamaged. Note transit or similar damages (e.g., damaged packaging, open boxes.) in on the shipping note of the forwarding parcel service and inform immediately at the customer service. To be able to guarantee a claim for a replacement/substitute product with regard to damage in transit with the parcel agent / parcel service this procedure must be followed Hidden defects are to be announced within 3 days of receipt of the product to the responsible forwarding agent or parcel service and the customer service. Complaints after this time cannot be considered.
6.5 forwarding expenses
The forwarding expense fee can be taken from the forwarding expenses table on the order form. Regarding postal costs and information about forwarding worldwide, please contact the customer service.
6.6 dispatches beyond the Federal Republic of Germany
If the customer gives an address of delivery beyond the Federal Republic of Germany and there is no specific agreed, he authorizes the RED GmbH to arrange a suitable transportation company for the delivery of the product to the address of delivery.
ARTICLE 7 - PAYMENT
All orders are to be paid in advance. Orders are processed only on receipt of the payment. The transfer occurs to our German account. The account details can be found on the order form. Should bank fees result for your transfer, these are to be paid by the customer.
ARTICLE 8 - SATISFACTION OR MONEY BACK
The following cancellation right applies exclusively to the consumer:
Following the Civil Code §355 the consumer has the right to cancel an order if you register within 2 weeks of receiving the product. The two weeks starts when the product is received. The cancellation must contain no grounds and must occur in text form (e-mail in firstname.lastname@example.org is accepted).
Returns occur at consumers expense and risk. Returns are to be sent to the following address in original packaging and with a copy of the invoice or delivery note:
Please take care to send back the complete article with the delivered accessories to us. Give the reason of your return. On receipt of your returned product the product will be examined for damages.
In case of an effective cancellation the payments received are mutually reimbursed to the respective party. Damage to the product due to the customer can result in a claim for compensation from the manufacturer. The customer can avoid possible claims for damage compensation from the RED GmbH by adhering to the terms and conditions regarding returned goods.
Please understand that claim can take up to 3 weeks. We have right to disclaim a refund if the return procedure is not followed correctly. The customer will carry costs incurred due to following the incorrect procedure. The purchase contract will be withdrawn/cancelled thereafter.
Changed or specially made goods are excluded from the return.
ARTICLE 9 - GUARANTEE
We grant a guarantee of one year from purchase date to you. Please keep your invoice safe for this purpose.
RED GmbH guarantees that the product sold at the time is free from material and manufacturing defects.
On arrival the customer has to check the product immediately for defects and condition. In the case of defects these must be announced within 14 days in writing to us. With complaints the invoice number must be given. The damaged product or part is repaired either by the technical customer service or is exchanged.
A liability for normal wear is excluded. A guarantee claim against us is not transferable and is entitled only to the immediate buyer. The guarantee is void with damages have originated on grounds of improper service, use or storage or the customer the modified in anyway the product.
RED GmbH has the right to implement cost free improvements during the manufacturers warrantee period.
ARTICLE 10 - LIABILITY LIMITATION
RED GmbH does not accept liability for damages caused by carelessness, provided that these do not concern any contract-essential duties. Claims for damages as a result of injury, ill health and/or death are covered under the product liability law.
Liability due to negligence is limited to damages that are connected in foreseeable way with the contract. According to §284 Civil Code claims for damages due to delay or proved claims of expenditure are limited to 10% of the purchase price.
ARTICLE 11 - DATA STORAGE
RED GmbH stores and uses personal data of the buyer for the processing and when necessary to establish the creditworthiness of the concluded contract relations. In addition, the data is used for customer care relations.
ARTICLE 12 - LEGAL VENUE
Place of business and legal domicile is the domicile of the RED GmbH. It applies exclusively the legal system of the Federal Republic of Germany to the exclusion of the UN-purchase right.
With possible contradictions in the translated language versions of the website of Devignlobe.com only the German version is deemed to be correct.
Should a part of Terms and Conditions be invalid or become so, the other parts remain unchanged and therefore remain valid.