Terms of service

SCOPE

The General Terms and Conditions of the online store “REDGIANT” (hereinafter referred to as the “Seller”) apply to all contracts for the delivery of goods that a consumer or business (hereinafter referred to as the “Buyer”) concludes with the Seller regarding the goods presented in the online store on the website www.redgiant.store. Deviating conditions of the customer shall not apply unless otherwise agreed.

A consumer within the meaning of these Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession.

A business within the meaning of these Terms and Conditions is any natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, acts in the exercise of its trade, business, or profession.

CONCLUSION OF CONTRACT

The subject of the contract is the sale of goods.

The product descriptions contained in the Seller’s online store do not constitute binding offers by the Seller but serve as an invitation for the customer to submit a binding offer.

The goods intended for purchase are placed in the virtual shopping cart. The shopping cart can be accessed at any time via the “Cart” button in the navigation bar, and changes can be made to the selection. After selecting the “Checkout” button and entering personal data as well as selecting the payment and shipping method, all order data will be displayed clearly once more. Before submitting the order, the customer can review all details again, make corrections using the browser’s “Back” function, or cancel the order process. By clicking the final “Place order with obligation to pay” button, the customer submits a legally binding offer to conclude a purchase contract for the goods contained in the shopping cart.

If an instant payment method is selected (e.g., PayPal, Google Pay), the customer will be redirected to the website of the respective payment service provider. After completing the payment process on the payment provider’s website, the customer will be redirected back to the Seller’s online store to complete the order.

The processing of the order, the transmission of all information relevant to the contract, and all other communication take place via email. The customer is responsible for ensuring that the email address provided for order processing is correct and that emails from the Seller can be received at this address. In particular, the customer must ensure that spam filters are set so that all emails sent by the Seller or by third parties commissioned by the Seller can be delivered.

RIGHT OF REFUSAL

The Seller endeavors to process all orders as quickly as possible. However, due to exceptional circumstances, it may be necessary to reject an order after sending the order confirmation. The Seller reserves the right to do so at any time at its sole discretion.

RIGHT OF WITHDRAWAL AND RETURNS

Consumers generally have a right of withdrawal. Further information on the right of withdrawal can be found in the Seller’s withdrawal policy.

PRICES AND PAYMENT TERMS

The prices stated on the website include statutory VAT. Any additional delivery and shipping costs will be shown separately in the respective product description. The total price, consisting of the product price, shipping costs, and VAT, will be displayed to the customer before the order is completed.

The available payment methods are stated in the Seller’s online store.

DELIVERY AND SHIPPING TERMS

Delivery is made only within the delivery area specified by the Seller to the delivery address provided by the customer, unless otherwise agreed.

We are released from our delivery obligation if and as long as delivery is impossible or unreasonable due to force majeure or other unforeseeable circumstances beyond our control (e.g., strikes, pandemics, natural disasters, official measures). We are not liable for delivery delays caused by such circumstances, even if binding deadlines have been agreed.

Unless exceptional circumstances occur, we aim to deliver the products mentioned in the shipping confirmation either before the stated delivery date or—if no date is stated—within the estimated period shown when selecting the shipping method. In any case, delivery will be made within 14 days after the shipping confirmation at the latest.

If delivery fails for reasons attributable to the customer, the customer shall bear the reasonable costs incurred by the Seller as a result.

If the customer is a business, the risk of accidental loss or deterioration of the goods passes to the customer as soon as the Seller hands the goods over to the carrier, freight forwarder, or any other person or institution entrusted with shipping. If the customer is a consumer, the risk remains with the Seller until the goods are handed over to the customer or a person authorized by them to receive the goods. If the consumer independently commissions a shipping service provider not previously named by the Seller, the risk passes to the customer upon handover of the goods to this service provider.

Self-collection of goods is unfortunately not possible.

RETENTION OF TITLE

Ownership of the products shall not pass to the customer until all amounts due for the products, including shipping costs, have been paid in full. This also applies if delivery occurs at a later date.

WARRANTY (LIABILITY FOR DEFECTS)

Statutory warranty rights apply.

Consumers are requested to report obvious transport damage to the delivery agent upon receipt and to inform the Seller. They are also advised to check the goods promptly for completeness and obvious defects and to report any complaints as soon as possible. Failure to comply with these requests does not affect statutory warranty claims.

Special warranty provisions for businesses:

  • The Seller determines the type of subsequent performance (repair or replacement).

  • The limitation period for defects is one year from delivery for new goods.

  • Warranty claims are excluded for used goods.

  • A replacement delivery does not restart the limitation period.

  • Only the Seller’s statements and manufacturer’s product descriptions are binding for the condition of the goods. Public statements or advertising by the manufacturer are irrelevant.

  • Warranty is provided at the Seller’s discretion by repair or replacement. After two unsuccessful repair attempts, subsequent performance is deemed to have failed, unless special circumstances justify a different assessment.

  • Any additional costs incurred by transporting the goods to a location other than the original delivery address shall be borne by the customer unless such relocation corresponds to the intended use of the goods.

  • The shortened warranty period does not apply to:
    • Damage to life, body, or health resulting from a breach of duty by the Seller,
    • Damage caused intentionally or by gross negligence,
    • Fraudulently concealed defects or guaranteed product characteristics,
    • Statutory recourse claims.

APPLICABLE LAW

All legal relationships between the Seller and the customer are subject to the law of the Federal Republic of Germany. The UN Convention on Contracts for the International Sale of Goods does not apply.

PLACE OF JURISDICTION

If the customer is a merchant, a legal entity under public law, or a special fund under public law with its registered office in Germany, the court responsible for the Seller’s registered office shall have exclusive jurisdiction for all disputes arising from the contractual relationship.

If the customer’s registered office is outside Germany and the contract relates to their trade or profession, the court at the Seller’s registered office shall also have exclusive jurisdiction. The Seller reserves the right to bring legal action at the customer’s place of business as well.

ALTERNATIVE DISPUTE RESOLUTION

The EU Commission provides a platform for online dispute resolution (ODR platform) available at: https://ec.europa.eu/consumers/odr. This platform serves as a point of contact for out-of-court settlement of disputes arising from online purchase or service contracts with consumers.

The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.