GENERAL TERMS AND CONDITIONS AND CLIENT INFORMATION
Table of Contents
1. Scope of application
2. Conclusion of the contract
3. Right to cancel
4. Price and delivery costs
5. Shipment and delivery conditions
6. Liability for defects
8. Applicable law
10. Complaint form
1) SCOPE OF APPLICATION
These Terms and Conditions of Redsoil sarl (Scoop86) (hereinafter referred to as “Seller”) shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as “Client”) and the Seller relating to all goods and/or services presented in the online shop of the Seller. The inclusion of the Client’s own conditions is herewith objected to, unless other terms have been stipulated.
A consumer pursuant to these Terms and Conditions is any individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession. A trader pursuant to these Terms and Conditions is any person acting for purposes relating to that person’s trade, business, craft or profession, whether acting personally or through another person acting in the trader’s name or on the trader’s behalf.
2) CONCLUSION OF THE CONTRACT
The product descriptions in the Seller’s online shop constitute binding offers on the part of the Seller, the Client accepts with his order.
The Client may accept the offer by the online order form integrated into the Seller’s online shop. In doing so, after having placed the selected goods and/or services in the virtual basket and passed through the ordering process, and by clicking the button finalizing the order process, the Client submits a legally binding acceptance of the offer with regard to the goods and/or services contained in the virtual basket. The Client may also declares his acceptance to the Seller by means of telephone, fax, e-mail or postal service.
The Seller provides an order confirmation to the Client by post or by email.
The contract’s content will be stored by the Seller and will be sent to the Client in writing including these Terms and Conditions and Client Information (for example via e-mail, fax or letter) after the Client has submitted his order. Additionally, the text of the contract will be stored on the website of the Seller and can be viewed by the Client free of charge via his password-protected Client account specifying the respective login details provided that the Client has created such an account in the Seller’s online shop prior to his sending the order.
Before you place a final order via the online form of the Seller, the Client has the option to correct his entries. In addition, all of the information is displayed again in a confirmation window just before the final confirmation of the order and can be corrected in the same way.
The contractual language is English.
Order processing and contacting usually takes place via e-mail and automated order processing. It is the Client`s responsibility to ensure that the e-mail address he/she provides for the order processing is accurate so that e-mails sent by the Seller can be received at this address. Particularly, it is the Client`s responsibility, if SPAM filters are used, to ensure that all e- mails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.
3) RIGHT TO CANCEL
Consumers are entitled to the right of cancellation. Detailed information about the right of cancellation is provided in the Seller’s instruction on cancellation.
4) PRICE AND DELIVERY COSTS
Unless otherwise stated in the product descriptions, prices indicated are total prices and include the statutory value-added tax. Any possible additional delivery and dispatch costs are specified separately in the respective product description.
For deliveries outside of the European Union, additional costs may arise for which the Seller cannot be held responsible and which have to be borne by the Client. Such costs include fees for the transfer of funds by credit institutes (for example transaction fees, exchange fees) or customs duties or taxes. Such costs regarding transfer of funds may also arise, if delivery does not occur outside a country of the European Union while the Client pays from a country outside of the European Union.
Payment can be made using one of the methods mentioned in the Seller’s online shop.
If payment in advance has been agreed upon, payment shall be due immediately upon conclusion of the contract.
5) SHIPMENT AND DELIVERY CONDITIONS
Goods are generally delivered on dispatch route and to the delivery address indicated by the Client, unless otherwise agreed.
Should the assigned transport company return the goods to the Seller, because delivery to the Client was not possible, the Client bears the costs for the unsuccessful dispatch. This shall not apply if the Client hereby exercises his right of cancellation, or if he has been temporarily impeded to receive the offered service, unless the Seller has notified the Client for a reasonable time in advance about the service.
The risk of accidental destruction and accidental deterioration of the sold goods shall in principle be transferred to the Client when they come into the physical possession of the Client or a person identified by the Client to take possession of the goods. . Should the Client act as a trader, the risk of accidental destruction and accidental deterioration in the event of a sale by dispatch shall be transferred upon delivery of the goods to a qualified transport person at the Seller’s place of business.
If the Client is a trader, the Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies if the Seller is not responsible for the non-supply and if he has concluded a concrete hedging transaction with the supplier. The Seller shall make all reasonable efforts to obtain the goods. In case of non-availability or partial availability of the goods he shall inform the Client without delay and payments made by the Client will be immediately refunded.
Should the Client collect the goods himself, the Seller informs the Client by e-mail that the goods are available for collection. After receiving the e-mail, the Client may collect the goods in consultation with the Seller. In this case shipment costs will not be charged.
6) LIABILITY FOR DEFECTS
Should the object of purchase be deficient, statutory provisions shall apply.
If the Client is a trader
- a marginal defect shall generally not constitute claims for defects,
- the Seller may choose the type of subsequent performance,
- the limitation period shall not recommence, if a replacement delivery is carried out within the scope of liability for defects.
For traders, the aforementioned limitations of liability and the restrictions of limitation periods in Section 6.2 do not refer to claims for damages and reimbursement
of expenses that the buyer may assert due to statutory provisions for defects according to Section 7.
The forwarding agent has to be immediately notified by the Client of any obvious transport damages and the Seller be informed accordingly. Should the Client fail to comply therewith, this shall not affect his/her statutory or contractual claims for defects.
Should supplementary performance be rendered by means of replacement delivery, the Client is obliged to resend the initially delivered goods to the Seller within 30 days at the Seller’s expense. For return shipment of deficient goods statuary provisions shall apply.
The Seller shall be liable for any contractual and quasi-contractual claims and for claims of liability in tort regarding damages and effort compensation as follows:
The Seller shall face unlimited liability
- in case of intent or gross negligence,
- in case of injuries of life, body or health resulting from intent or negligence,
- in case of a promise of guarantee, unless otherwise provided,
- in case of liability resulting from mandatory statutory provisions such as the product liability and safety law.
Provided that the Seller negligently infringes an essential contractual duty, the liability to pay damages shall be limited to the foreseeable, typically occurring damage, unless unlimited liability applies pursuant to Section 7.1. Essential contractual obligations are obligations the contract imposes on the Seller according to its content to meet the purpose of the contract and whose fulfillment is essential for the due and proper implementation of the contract and on the fulfillment of which the Client can regularly rely.
For the rest the Seller’s liability is excluded.
The aforementioned provisions on liability apply also for the Seller’s liability regarding his legal representatives and vicarious agents.
8) LAW AND JURISDICTION
The law of the Grand-Duchy of Luxembourg shall apply to any contractual relations between the parties, excluding the UN-Convention on Contract for the International Sale of Goods. For consumers this choice of law is applicable only insofar as the provided protection has not been withdrawn due to compelling provisions of the State in which the Client has his usual place of residence.
Furthermore, this choice of law regarding the right to cancel does not apply to consumers, who are not nationals of a member state of the European Union at the time of concluding the contract and whose exclusive domicile and delivery address are located outside of the European Union at the time of concluding the contract.
If the Client is a registered trader, a legal entity of public law or of special fund under public law having its seat in the territory of Grand-Duchy of Luxembourg, the exclusive jurisdiction for all disputes arising out of this contract is the Seller’s registered office. If the Client is domiciled outside of the territory of the Grand-Duchy of Luxembourg, the registered office of the Seller will be the exclusive jurisdiction for all disputes arising out of this contract provided that the contract or claims arising out the contract can be attributed to the professional or commercial activity of the Client. In this case, the Seller is also entitled to invoke the court at the place of business of the Client.