Red Sea Partner

Conditions of Use

Please note:
The English translation of the Red Sea Partner Terms and Conditions is provided for the convenience of our non-German-speaking customers. Regardless of this, only the original German-language version is legally binding.

of Red Sea Partner, owner Bernd Kühnel, Beim Wirt 2, DE – 87700 Memmingen for Sales Contracts ( November 2006)

1. Validity:

1.1 Deliveries and services are made only according to our general Terms and Conditions hereunder. These are part of all concluded contracts and apply to all future business relationships, even if they were not agreed expressly.

1.2. By placing an order, latest with the receipt of our delivery or services the customer accepts these Terms and Conditions.

1.3. Any opposing conditions or deviating counter-attestations of the buyer are without obligation for Red Sea Partner, even if Red Sea Partner did not contradict expressly. Any deviating agreement requires written confirmation by Red Sea Partner to be legally effective.

2. Offers/conclusions of a contract:

2.1. The offers are non-binding and are understood subject to self-supply by our suppliers. Red Sea Partner reserves the right of not providing the promised services in case of unavailability. In this case the buyer will be informed about the unavailability by Red Sea Partner immediately and we will refund any consideration which was already made. To make any purchase at Red Sea Partner the buyer has to be of age or at least have the legal capacity needed in his home-country. Additionally the buyer is considered the importer and must comply with all laws and regulations of the country in which he is receiving the goods.

The contract is being achieved only by written confirmation of Red Sea Partner and according to the confirmation´s content or by the buyer´s receipt of the delivery.

2.2. Red Sea Partner reserves the right to deliver products equal in quality and price to the ordered products.

The employees of Red Sea Partner are not authorized to make verbal special agreements or give any verbal confirmations which go beyond the content of the written contract.

2.3. After sending the order the buyer gets on his computer display a confirmation of his order being registered. If there is a correct e-mail-address given in the order form the buyer also gets a detailled confirmation by e-mail which contains all the data of the order.

3. Prices and payment conditions/balancing

3.1. Current list prices are those at the time of the order.

3.2. We deliver our goods according to the buyer´s choice of payment by cash in advance or by cash on delivery. With bank transfer the buyer has to pay the total amount according to the order form to the following bank account:

Account no. 1719270; Bank sorting code: 73190000; Volksbank Memmingen, Germany

We reserve the right to change the buyer´s selected payment method to cash in advance if the value of the ordered goods is 100.00 € or more. In this case we contact the buyer in writing by email, mail or fax and ask for agreement.

3.3. All prices are including VAT, valid at that time, if not given differently. Costs of delivery, if need be costs of cash on delivery, and costs for a delivery-insurance are invoiced separately and have to be paid by the buyer. Depending on the way of delivery the costs work out according to size, weight and number of parcels.

3.4. All payments have to be paid free of costs and expenses to the bank account stated in clause 3.2. Payment is accepted as made when Red Sea Partner have the money at their disposal.

3.5. Only undisputed and legally valid claims can be counter-balanced.

4. Times for delivery:

4.1. All products immediately available in our stock will be dispatched within two to seven days as a rule. The estimated time for delivery of products not in stock will be announced on demand.

4.2. The agreed time for delivery starts with the uncontradicted or confirmed order. It will be prolonged by that time the buyer needs to present all data and papers necessary for the order to be carried out.

4.3. All delivery times and delivery dates are subject to availability and in-time supply by our suppliers.

5. Delivery, dispatch, passage of risk:

5.1. We have the right to deliver by instalments, as far as this is tolerable for the buyer. Delivery will be insured if the buyer wants it expressly. This has to be stated in the order.

5.2. We will determine the method and the way of delivery and the company engaged for the delivery, as long as the buyer did not give any instructions.

5.3. The risk passes over to the buyer as soon as Red Sea Partner handed over the goods to the forwarding agency, the carrier or to another person or institute determined to deliver.

The buyer has to claim all obvious as well as possibly discovered transport damages to the forwarding agency or the carrier as far as possible and can be expected from the buyer. Claims have to be announced in writing to Red Sea Partner latest within seven days after receipt of the delivery otherwise all claimed requirements for lack are excluded. Dispatching the writing in time will do to meet the deadline. With bilateral trade-business between merchants the regulations of the commercial law (German HGB), especially § 377 HGB, remain untouched.

5.4. We are not liable for any delayed delivery which is e.g. due to an act of God or to events beyond our reasonable control.

6. Consumer´s Right of Cancellation under § 312b BGB (German Civil Code)

The buyer may, if he is a consumer according to § 13 BGB, cancel his order within two weeks without giving any reason in writing (e.g. letter, Fax, e-mail) or by returning the goods to Red Sea Partner, owner B. Kühnel, Beim Wirt 2, DE – 87700 Memmingen). The period starts at the earliest with the receipt of this caution. Dispatching the writing or the goods in time will do to meet the deadline of cancellation.

The Right of Cancellation ist not valid, as long there is no other agreement, for contracts concerning

1. delivery of goods, which are specially produced for the customer or are made for the customer´s special needs or which can not be returned due to their composition or which are easily perishable or whose best-before date was exceeded.

2. delivery of Audio- and Videorecordings or of software, after the seal of the Delivered data carrier was broken by the customer.

3. delivery of newspapers, journals and magazines

4. betting and lottery services

5. treaties concluded at auctions (§ 156 BGB).

The cancellation is to be sent to

Red Sea Partner,
owner Bernd Kühnel,
beim Wirt 2,
DE – 87700 Memmingen
E-Mail: info(at)red-sea-partner.com

Consequences of cancellation:

In case of an effective cancellation both sides have to return all items they had received and, if need be, have to hand out any gained benefits (e.g. interest). If the buyer returns the received goods not at all or only partly or in an impair condition he has to pay a reasonable compensation to Red Sea Partner. This is not valid for products which got into a worse condition only while being tested in the same way the buyer would have tested it in a shop. Besides that the buyer can avoid any duty of compensation by not using the product like an owner and by avoiding everything which reduces the value of the product. Goods which can be returned as a parcel have to be dispatched as such. The return is at the buyer´s expense if the delivered item is the ordered one and if the price of the item to be returned is not more than 40.00 € or if the price of the item is higher and at the time of the cancellation the buyer has not made any service in return or did not do any payment of an instalment which was contractual agreed. Otherwise the return is free of costs for the buyer. Items which can not be returned as a parcel will be collected from the buyer. Obligation to refund payments has to be fulfilled by the buyer wthin 30 days after the cancellation statement was dispatched.

End of caution of cancellation.

7. Reservation of proprietary rights:

All products remain property of Red Sea Partner until payment is completed.

8. Addresses:

Business address:
Red Sea Partner,
owner Bernd Kühnel,
Beim Wirt 2,
DE – 87700 Memmingen
E-Mail: info(at)red-sea-partner.com

Tax-No.: DE210312811 Tax Office Memmingen

9. Warranty/limitation of liability:

9.1. Liability for normal wear and tear is excluded.

9.2. We do not take warranty for defects and damages which arise from unsuitable or improper use, taking no notice of instructions for use or false or careless treatment. That especially goes for the use of appliances with wrong kind of power or tension voltage or the connection to an unsuitable source of power. We will not be liable for any defect or damage as a result of fire, flash of lightning, explosion or voltage peaks in the power supply system. Defects as a result of false or missing software or process data are excluded from warranty, unless it can be proved that these circumstances are not the cause for the claimed defect.

9.3. Warranty becomes void if the buyer makes any changes and/or repairs on the appliances or has it made by any person who is not engaged by Red Sea Partner and if the defect is caused by this.

9.4. Obvious defects have to be notified in writing latest within 14 days after the receipt of the delivery; otherwise all claims for defects are excluded. Dispatching the writing in time will do to meet the deadline. With bilateral trade-business between merchants the regulations of the commercial law (German HGB), especially § 377 HGB, remain untouched.

9.5. To ensure handling as fast as possible we kindly ask the buyer to add a copy of the invoice and a detailled description of the defects to the returned products.

9.6. The completion of not entitled warranty claims occurs subject to additional charge of all expenses arising from this. We reserve for us additional charging of all estimated costs of our suppliers.

9.7. All goods not purchased from us will be returned unrepaired and all arising costs will be charged.

9.8. The existence of an ascertained existing defect reserves the following rights of the buyer if he is an entrepreneur (otherwise, if the buyer is a consumer, legal regulations are valid):

a) In case of ascertained defects the buyer has the right to ask for revision by Red Sea Partner. The choice if a new product will be delivered or if the faulty product is being repaired is within Red Sea Partner´s discretion.

b) Further on Red Sea Partner has the right to make a second revision according to their own choice if the first attempt of revision failed. Only if also the second revision fails the buyer has the right to withdraw from the contract or to reduce the purchase price.

9.9 The buyer (irrespective of being an entrepreneur or a consumer) can claim for indemnity or compensation of futile expenses exclusively in case of gross negligence or intentional breach of duty of Red Sea Partner, their representatives or a vicarious agent to deliver faultless products or in case of breach of agreed delivery times and dates (delay). This restriction is not valid in case of injury of life, body or health which is based on at least gross breach of duty or intentional or gross breach of duty of one of our legal representatives or vicarious agents. This restriction is also not valid if it concerns violation of essential duties of the contract or if it concerns liability under product liability law. The buyer has to prove the existence and the extent of the damage. He has to prove the extent of compensation of futile expenses as well. Liability however is limited to an extent which corresponds to the scale of foreseeable damage which may occur in a way things go, except in cases of gross negligence or intentional breach of duty of Red Sea Partner, their representatives or a vicariuous agent of Red Sea Partner to deliver faultless products or in case of breach of agreed delivery times and dates (delay). This restriction is not valid in case of injury of life, body or health which is based on at least gross negligent breach of duty or intentional or gross negligent breach of duty of one of our legal representatives or vicarious agents or for liability under product liability law.

10. Withdrawal in case of deterioration of financial circumstances:

Red Sea Partner has the right to withdraw from the contract if they get knowledge of stoppage of payments, the opening of an insolvency- or judicial conciliation procedure, the refusion of an insolvency because of lack of assets, note- or cheque-protests or other concrete clues to deterioration of the buyer´s financial circumstances.

11. Software:

With the delivery of software beyond our conditions the special licence- and other conditions of the makers of the software are valid. With the receipt of the software the buyer accepts these conditions expressly.

12. Privacy notice:

12.1. Red Sea Partner feels obliged to keep the buyer´s personal data according to the legal regulations (e.g. the Data Protection Act) in strict confidence and not to pass them on to third parties. All data necessary for the trade procedure will be saved, processed and used according to the valid data protection legislation.

12.2. Information, correction, blocking and erasing of personal data

The customer has the right of information as well as the right of correction, blocking and erasing of his personal data. About this he can apply to Red Sea Partner using the business address or by e-mail given in clause 8. After having registered the customer has access to his user data in a restricted area at any time.

13. Place of performance, place of jurisdiction:

13.1 Place of performance for delivery and payment is the place of business of Red Sea Partner, this is valid for both parties and for all disputes arising indirectly or directly from the contractual ralationship. For all buyers being merchants, legal entities of public law or special assets under public law the place of business of Red Sea Partner is agreed to be the place of jurisdiction for all claims arising from the business relationship.

14. Changes/applicable law/clause of invalidity:

All changes of these terms and conditions have to be made in writing. For all disputes arising from the contractual relationship applicability of the German law is agreed.

If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition. Instead of the possibly invalid conditions legal regulations will be valid.