GTC

 

Terms and Conditions

1. Scope of Application

The following Terms and Conditions shall apply to all orders placed by consumers and commercial operators via our online shop.

A consumer is any natural person who enters into a legal transaction for purposes not attributable to either a commercial or an independent business activity. A commercial operator is a natural or legal person, or a legally responsible business partnership, who/which acts in the exercise of their trade, business or profession when entering into a legal transaction.

With respect to commercial operators, these T&C shall also apply to our future business relations, without any further need of express reference thereto. In the event that the commercial operator uses conflicting or supplementary Terms and Conditions, the validity thereof is herewith rejected; they shall only be binding if we have explicitly indicated our consent.

2. Contracting Parties, Conclusion of Contract

The sales contract is concluded with Exonda Salon Tools GmbH.

By placing the products in the online shop, we submit a binding offer for the conclusion of a contract for these items. You may begin by placing our products in the shopping cart without any obligation to buy and you may amend the data you entered at any time before sending your legally binding order, by using the correction tools provided and exemplified during the ordering process. The contract shall come into existence as soon as you accept the offer for the products contained in the shopping cart by clicking on the order button. Immediately after submitting the order, you shall receive an additional confirmation by e-mail.

3. Contract Language, Contract Text Record
The languages available for the conclusion of the contract are German and English.

We shall save the text of the contract and send you the order information and our T&C by e-mail. The text of the contract can be viewed in our customer login area.

4. Delivery Conditions

Shipping costs shall be added to the indicated product prices. You can find out more information about the actual shipping costs in the product offerings.

We deliver only via mail order. Collection of the goods by the customer is unfortunately impossible.

We do not deliver to package stations (Packstation).

5. Payment

Generally, in our shop you have the choice between the following methods of payment:

 

Cash in advance
When you select the payment method “Cash in advance”, we shall send you our bank details in a separate e-mail and deliver the goods only after we have received prepayment.

PayPal Plus
Within the framework of the PayPal Plus payment service, we offer different payment methods as PayPal Services. You will be transferred to the website of the online provider PayPal. There you can enter your payment details, confirm the processing of your data by PayPal and instruct PayPal to make the payment.

If you have selected the PayPal payment method, you must have or create a PayPal account and authenticate yourself with your login data in order to pay the invoiced amount. The payment transaction will be carried out by PayPal automatically as soon as you have confirmed your payment order. More information is available during the ordering process.

If you have selected the payment method Credit Card, you don’t need a PayPal account to be able to pay the invoiced amount. Your credit card company will carry out the payment transaction at the request of PayPal and charge your credit card immediately after you have confirmed the payment order and you have authenticated yourself as the rightful owner of the credit card. More information is available during the ordering process.

If you have selected the payment method Invoice, you don’t need a PayPal account to be able to pay the invoiced amount. Once you have passed our identity and credit check and you have placed the order, we shall transfer our open claim to PayPal. In this case, in discharge of your debt you can make your payment only to PayPal. For the handling of payments via PayPal, the T&C and Data Privacy Statement of PayPal shall also apply, in addition to our own. For more information and for PayPal's full Terms and Conditions regarding the payment upon invoice, please see: https://www.paypal.com/de/webapps/mpp/ua/pui-terms?locale.x=en_UK.

Amazon Pay
During the ordering process, you will be transferred to the website of the online provider Amazon before you have completed the ordering process in our online shop. In order to conclude the ordering process and to pay the invoiced amount via Amazon, you must have or create an Amazon account and you must authenticate yourself with your login data. There you will be able to select the delivery address and method of payment you have saved with Amazon, as well as confirm the processing of your data by Amazon and instruct Amazon to carry out the payment to us. After you have done this, you will be transferred back to our online shop, where you can conclude the ordering process.
Immediately after your order, we will request Amazon to initiate the payment transaction. The payment transaction will be carried out automatically by Amazon. More information is available during the ordering process.

6. Retention of Ownership

The goods shall remain our property until full payment has been made.

7. Information on the Right of Cancellation

Right of cancellation

You have the right to cancel this contract within 14 days without stating reasons.

The cancellation deadline is 14 days from the day when you or a third party appointed by you and who isn't the carrier have or has taken possession of the goods.

In order to exercise your right of cancellation, you must inform us,

EXONDA SALON TOOLS GmbH

Friedländer Weg 39

36132 Eiterfeld

Germany

Telephone: +49 6672 86789 30

E-mail: service@red-deer.de

 

by way of an explicit declaration (e.g. a letter sent by post, fax or e-mail) that you have decided to cancel this contract. For this purpose, you may use the annexed sample cancellation form, but this is not mandatory.

You may also fill in the sample cancellation form or any other clear and explicit declaration on our website www.red-deer.de, and send it to us in electronic format. Should you decide to make use of this possibility, we shall send you without delay (for instance by e-mail) a confirmation of the receipt of your cancellation.

The time limit for the cancellation shall be deemed to have been observed if you post the notification stating that you are exercising your right of cancellation before the cancellation deadline has expired.

Consequences of Cancellation

If we cancel this contract, we must, without delay and within 14 days from the day we received your notification of cancellation of the contract, refund all payments we have received from your side, including shipping costs (with the exception of additional costs incurred as a result of the fact that you selected a type of delivery other than our most economical standard delivery). For the refund we shall use the same means of payment as the ones you used for your initial payment transaction to us, unless we have expressly agreed otherwise; under no circumstances shall you be charged fees for this refund. We reserve the right to refuse to refund your payments until we have received back the goods or until you have been able to prove that you have sent back the goods, whichever the earlier.

You must return or transfer the goods back to us without delay and in any case no later than 14 days from the day when you notified us of the cancellation of this contract. The time limit shall be deemed to have been observed if you dispatch the goods before the 14-day period has expired.

You shall bear the immediate costs of returning the goods.

You shall only be liable for any diminished value of the goods if this diminished value can be attributed to a handling other than what is necessary to ascertain their quality, characteristics and functionality.

Sample Cancellation Form

(If you wish to cancel this contract, please fill in this form and send it back to us.)

EXONDA SALON TOOLS GmbH, Friedländer Weg 39, 36132 Eiterfeld, Germany, service@red-deer.de:

I/we am/are (*) herewith cancelling the sales contract I/we (*) have entered into for the following goods:

__________________________________________________________________________

__________________________________________________________________________

__________________________________________________________________________

Ordered on (*)/received on (*)                       _______________________________________

Order No.                                                       _______________________________________

Consumer(s) name                                        _______________________________________

Consumer(s) address                                    _______________________________________

__________________________________________________________________________

__________________________________________________________________________

Date, Consumer(s) signature (only for notification in paper form)

(*) Delete as applicable.

 

8. Warranty and Guarantees

Unless expressly agreed otherwise hereinafter, the statutory warranty rights shall apply.
For the purchase of goods by consumers, all deficiency claims shall be excluded if the defect arises after the expiry of one year from the delivery of the good. Deficiencies which arose within one year from delivery may be claimed within the statutory limitation period of two years from delivery of the goods.
For commercial operators, the limitation period for deficiency claims in the case of newly manufactured items is one year from the transfer or risk. The sale of used goods shall be made subject to the exclusion of any warranty. The statutory limitation periods for the recourse claims in accordance with § 445a of the German Civil Code (BGB) shall remain unaffected.
As far as commercial operators are concerned, only our specifications and the manufacturer's product descriptions included in the contract shall serve as an agreement about the quality and properties of the products; we shall not assume any liability for public statements made by the manufacturer or any other advertising messages.
In the case of commercial operators, should the goods delivered prove defective, we shall, at our discretion, either remedy the defect (rework) or deliver an item which is free from defects (replacement).
The above-mentioned restrictions and time limit reductions shall not apply to claims based on defects caused by us, our legal representatives or our vicarious agents

  • in the case of injuries to life, body and health
  • in the case of intentional or grossly negligent breach of duty and fraudulent intent
  • in the case of violation of contractual obligations essential for achieving the very purpose of the contract and the fulfilment of which the contractual partner may regularly rely on (major obligations)
  • within the framework of a guarantee promise, if agreed
  • as far as the scope of application of the Product Liability Act (Produkthaftungsgesetz) applies.

You can find more information about potentially applicable additional guarantees and their precise conditions next to the product and on our special information pages in the online shop.

Customer service: For questions, claims and complaints you may contact our customer service workdays from 8 a.m. to 4 p.m. at +49 6672 86789-30 or by e-mail at: service@red-deer.de

9. Liability

We shall be liable without limitations for claims for damages caused by us, our legal representatives or our vicarious agents

  • in the case of injuries to life, body and health,
  • in the case of intentional or grossly negligent breach of duty and fraudulent intent,
  • for guarantee promises, if agreed, or
  • as far as the scope of application of the Product Liability Act (Produkthaftungsgesetz) applies.

For the violation of contractual obligations essential for achieving the very purpose of the contract and the fulfilment of which the contractual partner may regularly rely on (major obligations) as a result of slight negligence on our part, on the part of our legal representatives or of our vicarious agents, the liability shall be limited to the amount of the foreseeable, typical damages that could be expected at the time of the contract's conclusion. All further claims for damage compensation shall be excluded.

10. Dispute Resolution
The European Commission provides a platform for online dispute resolution (ODR), which can be found here: https://ec.europa.eu/consumers/odr/.
We are not required and not willing to participate in dispute settlement proceedings before a consumer arbitration board.

11. Final Provisions

If you are a commercial operator, the German law shall apply; the application of UN sales law shall be excluded.

If you are a commercial trader as defined by the German Commercial Code (HGB), a legal person under public law or a special fund under public law, the sole jurisdiction for all disputes arising from our contractual relationship shall be our main place of business.

T&C created with the Trusted Shops legal documents module, in cooperation with Wilde Beuger Solmecke Solicitors.

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