Terms of service
General terms and conditions of Verpackungsservice David Wien for the website www.red-bottle.de, Owner: David Wien, Wiesenstr. 21, 69254 Malsch, Germany (hereinafter: “red-bottle”)
§ 1 Scope
These terms and conditions apply to all claims from contracts concluded between “red-bottle” and the customer (hereinafter: “the buyer”) through the website www.red-bottle.de. “red-bottle” provides primarily glass bottles, jars, vials, cosmetic pots and accessories on its website. The following terms and conditions as well as the text of the contact were originally drafted in German and may be downloaded, saved and printed by the buyer. If desired, these terms and conditions may be requested in digital or print form at firstname.lastname@example.org.
§ 2 Services, prices
(1) “red-bottle” works to the best of its ability to provide images as true as possible to the actual articles on offer. However, minor deviances in color or other optical deviances (e.g., air bubbles in glass) may occur. (2) The total price of the product including all associated price components as well as payment methods and information are based on the information provided in the respective article description. All prices are final prices without shipping costs and including statutory VAT at the currently valid rate, which must be paid to the Revenue Office by “red-bottle”. (3) The customer has the following payment options: advance payment/transfer, credit card, PayPal or invoice.
§ 3 Delivery, shipping
(1) Shipping costs are listed in the respective offer under “Shipping”. Shipping is done within 2-3 business days of receipt of payment and for “express shipping” within 1-2 business days. Shipping is done via DHL if not otherwise agreed. “red-bottle” carries the shipping risk if the customer is the consumer. (2) If the product the customer ordered is not in stock at the time of the order, “red-bottle” will immediately inform the customer of this in the order confirmation. If the product cannot be delivered for an extended period of time, “red-bottle” reserves the right to refuse acceptance of the order. In such a case, a contract is ruled out. If the product in the customer order is only temporarily unavailable, “red-bottle” will also immediately inform the customer of this in the order confirmation. (3) In the case of a delivery delay of more than two weeks, the customer reserves the right to withdraw from the contract. The customer's statutory cancellation right (see § 5 of these terms and conditions) remains unaffected in this case. In such a case, “red-bottle” also reserves the right to withdraw from the contract. In such an event, “red-bottle” will reimburse any customer payments already made.
§ 4 Conclusion of a contract
(1) The customer can select products from the “red-bottle” range, especially glass bottles, jars, vials, cosmetic pots and accessories, and add these to a so-called shopping cart by clicking the button “Add to shopping cart". By clicking “Buy”, the customer submits a binding request for purchase of the articles in the shopping cart. Before submitting the order, the customer may change or view the order details at any time; the customer has the opportunity to correct any errors before confirming the order (e.g., by clicking on the “Back” button or cancelling the order process and changing the previously entered information). The request may, however, only be submitted and sent if the customer accepts these terms and conditions by clicking the “Accept General Terms and Conditions” button, attaching them to his/her order request. (2) Upon receipt of the order request, “red-bottle” will send the customer an automatic receipt confirmation via email outlining the details of the customer’s order. The customer may print this confirmation by clicking “Print”. The automatic receipt confirmation only documents the receipt of the customer order by “red-bottle” and is not an acceptance of the order. The contract is only concluded after “red-bottle” sends the declaration of order acceptance, which is sent in a separate email (order confirmation). “red-bottle” sends the text of the contract (comprising the order, the General Terms and Conditions and the order confirmation) to the customer on a permanent data carrier (email or printed paper) in this email or in a separate email or, at the latest, when the product is shipped (order confirmation). The text of the contract is saved in accordance with data protection laws and can be requested in digital or print form from email@example.com, if desired. The customer will be informed via email of the shipping of the product as soon as “red-bottle” has handed the product over to the transport company. “red-bottle” invoices are sent via email. (3) Contracts are concluded in German.
§ 5 Customer contract cancellation right
A contract between “red-bottle” and the customer concluded on www.red-bottle.de for the delivery of products is a distance selling contract as per § 312c, paragraph 1 of the German Civil Code, The buyer, the consumer as per § 13 of the German Civil Code, reserves the right of cancellation as per §§ 312g, 355 of the German Civil Code (consumer cancellation of a distance selling contract). According to § 14 of the German Civil Code, a consumer is any physical person who concludes a legal transaction for a purpose which cannot be attributed to their commercial or independent professional activities. Further details on the consumer's right of cancellation can be found in the separate cancellation policy. The cancellation policy can also be sent to the buyer in text form via email. The buyer may use the cancellation form to exercise his/her right of cancellation.
§ 6 Material deficiencies warranty, general warranty
(1) “red-bottle” is liable for material deficiencies in accordance with the applicable statutory provisions, in particular §§434 et seq. of the German Civil Code. Products delivered by “red-bottle” to companies have a 12 month warranty. Please note that there may be slight deviations from the dimensions provided in product descriptions and that, for example, the distribution of air bubbles in the glass may vary. (2) Products delivered by “red-bottle” only have an additional warranty if such a warranty is explicitly stated in the order confirmation of the respective product.
§ 7 Reservation of ownership
“red-bottle” reserves ownership of the delivered product until payment has been received in full.
§ 8 Liability
(1) The buyer does not reserve the right to claim damages. Excluded from this provision are claims for damages by the buyer due to loss of life, bodily injury or harm to health or due to violation of contractual obligations (cardinal obligations) as well as liability for other damages due to intent or gross negligence on the part of “red-bottle”, their legal representatives or vicarious agents. Fundamental contractual obligations are those which are necessary for the fulfillment of the purpose of the contract. (2) In the case of a violation of fundamental contractual obligations, “red-bottle” is liable only for foreseeable damage typical of the contract if it is due to gross negligence; this does not apply to a buyer's claim for damages due to loss of life, bodily injury or harm to health. (3) The limitations stated in sections 1 and 2 also apply in favor of the contractor’s legal representative and vicarious agents if claims are raised directly against these parties. (4) The provisions specified in the product liability law remain unaffected.
§ 9 Data protection
The customer agrees to the saving and use of his/her personal data within the framework of the business relationship. The data is handled with strict confidentiality and in accordance with data protection laws. “red-bottle” will not distribute buyer data to third parties or use it for the distribution of advertising unless previously agreed upon by the buyer.
§ 10 Final provisions
(1) All contracts between “red-bottle” and the buyer are subject to the law of the Federal Republic of Germany with the exception of the UN sales law. (2) EU commission platform on online dispute resolution www.ec.europa.eu/consumers/odr (3) If the customer is a merchant, legal entity of public law or of special fund under public law, the legal jurisdiction for all disputes arising from contractual relations between the buyer and the contractor is the location of the contractor.
§ 11 Information on battery disposal
Within the framework of the sale of batteries or the delivery of devices containing batteries, we are obligated to inform customers of the following: As the end user, the customer is legally obligated to return used batteries. The customer may return used batteries, for which we include or have included new batteries in our product range, to our shipping warehouse (shipping address) without compensation. In this case, the customer must return batteries by post. The customer may also return batteries without compensation wherever batteries of the type in question are sold or, e.g., at public community battery collection points. The symbols depicted on the batteries have to following meanings:
The symbol of the crossed-out garbage bin means that the battery may not be disposed of as household waste. Pb = The battery contains more than 0.004 weight percent lead. Cd = The battery contains more than 0.002 weight percent cadmium. Hg = The battery contains more than 0.0005 weight percent quicksilver. Please adhere to the instructions stated above.