Terms and Conditions

Red Hat Werbemittel Online Shop

General Terms of Use of VERTICAS Service GmbH, Schöne Aussicht 59, 65193 Wiesbaden.

Stand 30.05.2017

1. Scope of application

1.1. These General Terms and Conditions apply exclusively to all contracts concluded between VERTICAS Service GmbH (hereinafter "Verticas") and the customer group of this online shop for Red Hat GmbH (hereinafter "Red Hat"). The customers of the Red Hat include all customers who have received access to the customer's promotion shop through a technical access (ID & password). A valid e-mail address of the customer is required for the granting of access rights.

2. Conclusion of contract

2.1. The order placed by the user via the online shop system is binding and takes place in his own name and on his own account. Telephone orders are not possible.

For queries regarding the order, Verticas Service is available to the customer at the following telephone numbers: +49 (0) 611/986 25 47 or via e-mail at online@verticas.de: Mon. - Fr. from 08.45 to 17: 30 hours (guarantee periods).

2.2. In the case of orders via the online shop, all mandatory data must be filled in, which are automatically stored after the first order for further releases.

2.3. A contract is only concluded upon acceptance of the order by means of an electronically transmitted confirmation (order confirmation by email) from Verticas. The delivery or invoicing is equivalent to acceptance.

2.4. VERTICAS undertakes to comply with applicable data protection laws.

3. Prices, terms of payment

3.1. The net price published in the online shop plus the currently valid legal value-added tax and the current shipping and packaging costs (within Germany) per package apply. The minimum order value for orders from the online shop is 30.00 EUR net. Unless explicitly stated otherwise, the prices for the pictured articles are as described, but not for content, accessories or decoration.

Verticas dispatches the advertising items directly to the delivery address specified by the customer. The orders are shipped as DHL standard parcel delivery. Collective deliveries for various orders from different customers are not possible.

Orders from shop items which arrive at 11:30 am at Verticas will be dispatched on the same working day. Orders received by Verticas after 11:30 am will be dispatched to the next working day. The orders are shipped by DHL as a package delivery in the standard service. The regular running time of the packages is 1 to 3 working days. Verticas informs the customer of the expected delivery date by e-mail. The shipping cost package per DHL standard package including packaging materials is 5,95 EUR net. The weight of a package must not exceed 20kg. The shipping cost is valid until 31.12.2017.

Payments by credit card are made with CompuTop.

4. Delivery of goods

4.1. The goods shall be delivered in accordance with the stipulated conditions in § 3. The purchaser or has to accept the goods, as soon as the Verticas has notified him about the delivery (notice of delivery). Should the acceptance of the goods be refused by the purchaser or can not be accepted or accepted for other reasons, Verticas shall be entitled to charge the customer for the costs associated with the return and a renewed delivery. In this case, Vertica's service will charge a flat rate of 35.00 EUR plus re-transport costs.

4.2. The delivery time is an average of three (3) business days. In case of inquiries of promotional items for events and special events as well as for disproportionately large consignments, delivery will be made at the date agreed upon in the order. If no delivery dates are agreed, the above period of three (3) business days shall apply.

4.3. Information on delivery periods is non-binding, unless a delivery date has been expressly declared binding. In the case of force majeure (such as war, embargo, extensive breakdown of traffic routes, other exogenous influences) as well as other circumstances beyond Vertica's control, delivery dates are postponed accordingly. Verticas is entitled to deliver or deliver before the expiration of a specified or agreed time.

4.4. The deliveries are generally made by DHL. The delivery of the goods to be delivered is at the risk of Verticas, provided that the shipment is carried out in the name of Verticas. § 447 BGB does not apply. When the goods are handed over to the customer at the place of delivery, the risk of accidental loss passes to the customer.

4.5 The goods shall be dispatched on account of the customer under the conditions of § 3 in the territory of the Federal Republic of Germany. For deliveries in EU countries, delivery surcharges may apply, which vary from country to country. In the case of shipment to non-EU countries, import customs clearance is the responsibility of the consignee. Verticas ensures proper export documentation. The resulting expense for an export declaration from a value of goods of 1,000.00 EUR or a weight of 1,000 kg is displayed to the customer during the order completion and confirmed by clicking on the "continue" button. If an export declaration is required for non-EU shipments, a fee of 80.00 EUR will be subsequently invoiced to the customer. If the value of the goods exceeds 3,000 EUR, the export declaration must be cleared in advance in the so-called two-stage export procedure by the locally competent internal customs office (export customs office). The fee of 125.00 EUR will also be invoiced separately to the customer.

4.6. The delivery takes place in the agreed packaging units.

4.7. DHL performs a simple delivery attempt.

5. Warranty and obligation to inspect and to notify

5.1. Verticas warrants that the delivered goods have the agreed quality. The standard is the quality agreed upon according to the respective state of production and technology, taking into account tolerances in the industry.

5.2. The Customer shall ensure that every demand or delivery is checked for recognizable defects within six (6) business days after delivery and that any defects within the period of the Verticas are indicated. Any acknowledgment of receipt or payments made shall not be deemed to be an approval of the delivery. If the customer does not complain about any recognizable defects, subcontracts or incorrect deliveries within the stated period, the delivery shall be deemed to have been approved.

5.3. Hidden defects must be reported to the customer immediately, at the latest within seven (7) business days after their discovery at Verticas.

5.4. The customer is entitled to demand a defect or the delivery of a defect-free thing in the case of a defect at his choice. To this end, the customer has to set a reasonable deadline. If the rectification fails or Verticas refuses to rectify the defect, the customer can either reduce the remuneration or withdraw from the respective order. If the defect of the goods is due to a circumstance which Verticas is responsible for, the customer can also demand compensation.

5.5. Complaints are only made in writing by e-mail or fax.

6. Return authorization (approved return)

6.1. There is no general right of return of ordered goods. This also applies to orders from private individuals. In the case of defects, incorrect deliveries or damages, an approved return shipment is of course possible.

6.2. A return request is to be set online in the order detail. Packages without return authorization will not be accepted and returned to the sender. The following products are not accepted - except for justified warranty claims: articles with individual advertising impressions, open items as well as articles that are not included in the regular offer and are delivered on special request. In special cases an approved return can be made. This has to be discussed with Verticas before. The costs for the reverse processing of a standard delivery (also partial processing of a shipment) will be charged at a flat rate of 14.95 Euros. The shipping costs incurred for the return transport are not accepted. If customers commission Verticas to return, a package of 5.25 Euros per package will be charged within Germany.

6.3. The return is to:

Verticas Service GmbH
Schöne Aussicht 59
65193 Wiesbaden

make.

7. Warranty

You receive twelve (12) months warranty for material and processing errors on our products, which we either repair, credit or exchange delivery. Damage or malfunctions due to incorrect operation, use of force or natural wear are not covered by the guarantee. In addition, the statutory warranty claims apply.

8. Liability

8.1. Verticas is liable for intentional and gross negligently caused damages without limitation. Verticas is also liable in accordance with statutory provisions in case of culpable violation of essential contractual obligations. The legal liability due to culpable injury to life, body or health remains unaffected.

8.2. To the extent that the liability is excluded or restricted, this also applies to the personal liability of the employees of Verticas, other employees, representatives and vicarious agents.

8.3. The statute of limitations for compensation claims is governed by the rules of the Civil Code.

9. Changes to the goods

Verticas may modify and improve the goods according to the technical progress, without informing the customer in advance if the function or form of the goods is not permanently affected or altered. Verticas is entitled to deliver the successor model of the ordered model to the customer if the ordered model is no longer available and it does not differ in its function or form from sustainable successor model.

10. Severability clause, jurisdiction, other

10.1. Should individual provisions of these General Terms and Conditions of Business be or become invalid, the effectiveness of the contract or of the General Terms and Conditions shall remain unaffected.

10.2. On purchase contracts from the Red Hat Promotion-Shop exclusively German law applies under exclusion of the UN-purchase right. Both courts are responsible for Wiesbaden.

10.3. Subsidiary agreements, amendments or additions to the contract, including the abolition of this clause, require the written form.