General Terms and Conditions
§ 1 General / Scope
These General Terms and Conditions apply to all deliveries of goods by Red Dot Design Store GmbH.
§ 2 Delivery and billing
Unless otherwise agreed, all goods shall be delivered to the address specified by the buyer through a shipping agent commissioned by Red Dot Design Store GmbH.
Delivery is carried out by our German logistics provider using UPS, DHL, DPD or TNT, unless otherwise noted.
2.2 Partial shipment
Red Dot is entitled to partial delivery, provided this is agreed upon by the buyer. Additional fees resulting from this will apply only if expressly agreed upon.
Billing is processed by Red Dot Design Store GmbH, Gelsenkirchener Str. 181, 45309 Essen, Germany.
2.4 Delivery and claims
Goods are delivered at the expense and risk of the receiver. Claims concerning delivery and billing adjustments can be initiated only within a period of 7 calendar days after receiving the goods. This clause (2.4) does not apply to consumers.
§ 3 Conclusion of contract,delivery time, contract language, storage of contract data
3.1 Conclusion of contract
The products in the red dot design store are not legally binding offers; they are presented as part of an online catalogue without obligation. By placing an order, the customer enters into a binding contractual agreement to purchase the goods. The purchase contract becomes effective with the delivery of the goods.
3.2 Delivery time
If goods are in stock, they will be dispatched usually within 2 business days for orders to be delivered to an address within Germany. For all other countries, all goods, if in stock, are dispatched within 4 to 15 business days.
3.3. Contract language
The available contract languages for the conclusion of the contract are German and English.
3.4 Storage of contract data
The personal data of clients and all other data relevant to the conclusion of the contract (name, address, goods, conditions of sale, Terms and Conditions, etc.) are stored by us. They can be called up for 3 months after conclusion of the contract. Should clients require or wish to see these data, they can contact the following:
Red Dot Design Store GmbH
Gelsenkirchener Str. 181
Tel. +49 201 81418-26
Fax +49 201 81418-10
§ 4 Terms of payment
4.1 Payment method
Customers may choose between credit card and Paypal. When using credit card customers are asked to provide their credit card details (MasterCard, Visa or American Express) together with their order. The invoice will be sent to the customer either with the goods or separately.
4.2 Payment conditions
Delivery is carried out for the currently valid gross price (net price plus statutory value added tax).
4.3 Shipping costs
The actual shipping costs depend on the chosen shipping method and the country of destination (country in which the buyer resides). The total sum payable for shipping shall be understood as net price plus statutory value added tax. The shipping fees are listed in detail in the Red Dot Shop and are displayed to the customer at the time of ordering.
4.3.1 Shipping costs within Germany
Shipping costs of EUR 4.00 on orders with a total gross price of EUR 49.99 or less shall be paid by the buyer. Orders with a total gross price of EUR 50.00 or more to be sent by “Standard Delivery” to destinations within Germany are free of shipping charge.
4.3.2 Shipping costs outside Germany (zones 1–6)
The shipping costs depend on the chosen shipping method (Standard or Express International), the country of destination (shipping zones) and the weight. Detailed information is listed in the Red Dot Shop under the heading “Payment / Delivery” and is also displayed in the shopping cart.
§ 5 Return shipment costs in the event of a recall
5.1 Cost of return shipments
In the case of a recall ((§ 6), our customers have to bear the standard cost of the return shipment of the goods if the goods delivered correspond to those ordered and if the value of the item to be returned does not exceed the amount of EUR 40.00 or if the customer, in the case of a higher value of the goods, has not yet provided the service in return or made the part-payment agreed at the time of the contract. In all other cases, return shipments are free of charge to the customer.
§ 5.2 Costs of the return shipment of purchased goods
The customers have to bear the regular costs of the return consignment of the goods if the goods delivered are correspondent to the goods ordered and if the value of the returned item does not exceed EUR 40.00 or – in case of a higher price – if the customer has not yet provided the counter performance or a partial payment if contracted. Otherwise the return consignment of the goods will be at no charge for the customer.
§ 6 Revocation instruction
Right of revocation
For customers who are consumers and not businesses, the following right of revocation applies:
You are entitled to revoke this contract without stating a reason within a period of 14 days. The revocation period is 14 days from the date on which you or a third party named by you, who is not the carrier, take possession of the final goods.
In order to exercise your right of revocation, you must inform us (Red Dot Design Store GmbH, Gelsenkirchener Straße 181, 45309 Essen, Germany, Email: firstname.lastname@example.org, Tel.: +49 201 81418-26, Fax: +49 201 81418-10) of your decision to revoke this contract by means of an explicit declaration (e.g. by letter, fax, email). You may use the sample revocation form attached below, but this is not mandatory.
The revocation time limit shall be deemed to have been observed if the declaration of revocation was dispatched before the revocation time limit expires.
Consequences of revocation
In the event of a valid revocation, all payments received from you must be returned by us immediately, at the latest within 14 days from the date on which we receive your declaration of revocation of this contract. This includes delivery charges, but excludes any additional costs you have incurred as a result of selecting a different form of delivery to the most cost-effective standard delivery recommended by us. For repayments we will use the same method of payment as you used for the original transaction unless this was expressly agreed with you otherwise. Under no circumstances will you incur charges as a result of the repayment. We may withhold reimbursement until such time as we receive the returned goods or until you can provide proof that you have sent the goods back, whichever is the earlier.
You must return the goods by post or in person immediately, at the latest within 14 days from the date on which you informed us of the revocation of this contract. This time limit shall be deemed to have been observed if you dispatch the goods before the time limit of 14 days expires.
You shall bear the immediate costs of the return shipment of the goods. The following applies to goods which, because of their nature, cannot be returned by regular post: for these you also bear the immediate costs of the return shipment, which are estimated not to exceed approx. 50 EUR.
You must pay compensation for the deterioration of the only if the deterioration stems from treatment of the goods that goes beyond what is necessary to inspect the properties and functioning.
End of revocation instruction
The right of revocation exists in accordance with § 312 g, Section 2 German Civil Code (BGB), but excludes:
- contracts pertaining to the delivery of goods which were not ready-made and whose manufacture was influenced by the individual selection or specifications of the consumer or which were clearly tailored to the individual requirements of the consumer.;
- shipments of sealed goods which are not suitable for return for hygiene reasons or reasons that safeguard health if the seal was broken or removed after delivery;
- contracts pertaining to the delivery of goods if the nature of these goods meant that they were inextricably mixed with other goods after delivery.
The legal relationship between Red Dot Design Store GmbH and the customer shall be governed by and construed in accordance with German law and the German version of this Right of revocation.
End of revocation instruction
§ 7 Reservation of proprietary right
For all deliveries we reserve the unlimited proprietary rights until the customer has completely fulfilled all payment liabilities.
§ 8 Warranty and liability (indemnity)
8.1 Statute of limitation
The warranty period in the case of commercial orders is one year from the start of the statutory warranty.
Any claims for damages by customers are excluded irrespective of the legal grounds. This does not apply in the event of fraudulent concealment of a defect, non-compliance with a condition guarantee and also not if injury of life, body or health is involved or in the case of a breach of material contractual duties (cardinal obligations). Claims under the product liability act remain unaffected by this limitation of liability.
Any claim for damages for the breach of material contractual duties vis-à-vis business customers shall, however, be limited to typical contractual and foreseeable damages, provided that there is no liability arising from intent, gross negligence, or injury to life, body or health.
The above liability limitations apply mutatis mutandis to claims for the reimbursement of futile expenditure (§ 284 BGB). No reversal of the burden of proof to the prejudice of the buyer shall be implied in the foregoing provisions.
§ 9 Offset, retention
The right to offset shall only accrue to the customer if the counterclaims have been legally ascertained or are undisputed by red dot design store GmbH. In addition, the customer shall only be entitled to exercise a right of retention if the counterclaim is based upon the same contractual relationship.
§ 10 Final provisions
10.1 Severability clause
Should any provision of this agreement be found to be or become partially or wholly invalid, the validity of the remaining provisions hereof shall in no way be affected.
10.2 Place of fulfilment, court of jurisdiction and applicable law
The place of fulfilment is Essen, Germany. The sole court of jurisdiction is Essen, Germany, provided that the customer is a commercial trader, a legal entity under public law or a special fund under public law.
German law shall apply, excluding the UN convention on the international sale of goods (CISG) and the conflict rules of private international law, in particular the Rome 1 Regulation.
Online Dispute Resolution
The European Commission provides an EU-wide online dispute resolution service. This enables consumers to resolve disputes about online transactions without having to go to a court. The online dispute resolution service can be found under the following external link: http://ec.europa.eu/consumers/odr/.