Terms & conditions

GENERAL TERMS AND CONDITIONS FOR ENTREPRENEURS

GENERAL TERMS AND CONDITIONS FOR ENTREPRENEURS

  • 1 Area of validity and providers
    § 2 Conclusion of the contract
    § 3 Prices
    § 4 Shipment costs
    § 5 Delivery conditions
    § 6 Payment terms
    § 7 Reservation of ownership
    § 8 Transport damage
    § 9 Warranty
    § 10 Data protection
    § 11 Applicable law

 

  • 1 Area of validity and providers

The General Terms and Conditions shall apply to all contracts which an entrepreneur (hereinafter referred to as “Customer”) within the meaning of § 14 German Civil Code (BGB) concludes via the RAL Farben online shop, by email or by fax with

RAL gemeinnützige GmbH, Fränkische Straße 7, 53229 Bonn, Germany (address for service),
Chairman of the Management Board: RA Rüdiger Wollmann (Lawyer)
Managing Director: RA Thomas Roßbach (Lawyer)
Shareholder: RAL Deutsches Institut für Gütesicherung und Kennzeichnung e. V.
Bonn District Court HRB 23155
Tax number: 222/5751/0595
Value added tax identification number in accordance with § 27 a Value Added Tax Act: DE 814 988 168

(hereinafter referred to as RAL).

An entrepreneur means a natural or legal person or a partnership with legal personality who or which, when entering into a legal transaction, acts in exercise of his or its trade, business or profession. A partnership with legal personality is a partnership that has the capacity to acquire rights and to incur liabilities.

Service hotline: Mon. to Thurs. 8:00 am – 4:30 pm, Fri. 8:00 am – 3:30 pm

Telephone: +49 228 68895 120
Fax: +49 228 68895 420
Email: ral-farben@ral.de

 

  • 2 Conclusion of the contract
  • 2.1 The offers shown in our online shop are subject to change without notice and are not offers in the legal sense. By clicking on the “Confirm order” button or by sending an order by fax or email, the Customer is making a binding commitment to buy. Before an order is placed on our website by clicking the “Confirm order” button, the content of the order including the customer data is summarised on our order overview page. The Customer can correct all the order data there using the amendment fields envisaged for this purpose.
  • 2.2 RAL can accept the Customer’s order either by sending a separate order confirmation by email, fax or by delivering the goods. If the order is placed via the online shop, RAL shall inform the Customer directly about receipt of the order by sending an automated email. This confirmation does not yet represent acceptance of the contract.
  • 2.3 In the event that the order confirmation contains spelling or printing errors or the price stipulation sent is based on technical transmission errors, RAL has the right to challenge it. Evidence of such an error shall be provided by RAL. Payments which have already been made shall be reimbursed immediately.
  • 2.4 The Customer can save or print out these General Terms and Conditions at any time using the browser functions. Customers can save the content of their order directly after placing their order and/or print it out and also view it later at any time using the “My account” function. In addition, we will make the contractual provisions including the General Terms and Conditions available in text form to every Customer after his order has been placed, no later than on delivery of the goods.
  • 2.5 The contractual language is exclusively German.
  • 2.6 Insofar as the Customer orders a product which is produced in accordance with the individual specifications of the Customer, the Customer shall grant RAL a non-exclusive permanent fee-free right to present diagrams of the tailor-made product (including the brands contained on the product) for advertising in connection with RAL products and similar marketing communications on RAL websites and print media (brochures, catalogues etc.) of RAL. The Customer can withdraw consent to this use at any time with effect for the future.

 

 

  • 3 Prices

The prices mentioned on the product pages contain the statutory value added tax and other price components and are understood to be plus packaging and shipment costs.

 

  • 4 Shipment costs

The shipment costs for deliveries within Germany with a goods value of up to EUR 29.00 total EUR 6.50 and RAL shall bear the shipment costs if the value of goods is as of EUR 29.01.  The costs for shipments abroad are stated individually during the order process. A fee of EUR 42.00 shall be invoiced for deliveries to non-EU countries with an order value of over EUR 1,000.00 plus the shipment costs to cover completion of customs documents.

 

  • 5 Delivery conditions
  • 5.1 Deliveries within Germany and internationally shall take place regardless of the country and the desired form of shipment with a transport service provider assigned by RAL.
  • 5.2 If the ordered item cannot be delivered because RAL was not supplied by its supplier through no fault of its own despite the supplier’s contractual obligations, RAL has the right to withdraw from the contract. In this case, RAL shall inform the Customer immediately and if applicable suggest the delivery of a comparable product. If no comparable product is available or the Customer does not want the delivery of a comparable product, RAL shall immediately refund any counter-performance which has already been provided.
  • 5.3 If not all the ordered products are in stock, RAL has the right to make a partial delivery at its expense - insofar as this is reasonable.
  • 5.4 If delivery of the goods to the Customer fails despite three attempts at delivery and the latter is responsible for this, RAL can withdraw from the contract. Any payments made will be refunded to the Customer immediately.
  • 5.5 Delivery of the goods shall take place at the risk of RAL. The risk of accidental loss and accidental deterioration of the goods shall be transferred to the Customer when the goods are handed over.
  • 5.6 Stated delivery times are only for guidance and are therefore considered to have been agreed only approximately (approximate deadlines).

 

  • 6 Payment terms
  • 6.1 Payments for orders in Germany can be made by a bank transfer after invoicing, by PayPal, advance payment or credit card. A payment on account is not possible for first-time orders. Deliveries abroad can be made only with advance payment by PayPal, bank transfer or credit card in euros. Any bank charges or credit card fees incurred will be charged for payments from abroad.
  • 6.2 In the event of delayed payment, interest will be charged on the purchase price at a rate of 5 percentage points above the base interest rate. RAL retains the right to provide evidence of a higher loss owing to the delay and assert this.
  • 6.3 If RAL becomes aware after the conclusion of the contract that the payment of the purchase price is at risk owing to the Customer’s lack of ability to pay, RAL has the right to demand advance payment or to withdraw from the contract if RAL has set a deadline for payment of the purchase price and this has not been successful. The Customer has the right to avert these consequences by paying a security deposit.

 

  • 7 Reservation of ownership

The goods shall remain under the ownership of RAL until they have been paid for in full. Pledging, transfer by way of security, processing or reconfiguration are not permitted without the consent of RAL before the transfer of ownership.

 

  • 8 Transport damage
  • 8.1 If goods are delivered with obvious transport damage, the Customer shall make a complaint immediately and notify RAL as quickly as possible.
  • 8.2. Any delay in lodging a complaint or making contact shall have no consequences regarding the statutory warranty rights of the Customer. However, the Customer shall help RAL in being able to assert its own claims against the freight forwarder or the transport insurance policy.

 

  • 9 Warranty, compensation
  • 9.1 The statutory provisions shall apply if the item purchased has a material defect. This means that the Customer can primarily request supplementary performance, i.e. at his choice subsequent delivery or correction of defects. In the event of additional statutory conditions, the Customer has the right to reduce the purchase price or withdraw from the contract. The statutory conditions shall apply to claims for compensation owing to the defect regarding the goods.
  • 9.2 RAL shall have unlimited liability insofar as the cause of the loss is based on an intentional or grossly negligent breach of an obligation by RAL or one of the statutory representatives or vicarious agents of RAL. In addition, RAL shall be liable for the slightly negligent breach of major obligations whose breach endangers the achievement of the purpose of the contract, or for the breach of obligations whose satisfaction enables the correct implementation of the contract in the first place and on whose compliance you regularly trust. However, in this case RAL shall be liable only for the foreseeable loss which is typical for the type of contract. RAL shall not be liable for the slightly negligent breach of obligations other than those mentioned in the sentences above. The above-mentioned restrictions of liability shall not apply to an injury to life, body and health, to a defect after assumption of a guarantee for the features of the product and in the event of maliciously hidden defects. Liability in accordance with the Product Liability Act remains unaffected. Insofar as the liability of RAL is ruled out or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.

 

  • 10 Data protection

RAL shall collect and save the Customer’s data which are necessary to process the transaction. RAL shall observe the statutory provisions when processing the Customer’s personal data. You can find further details on our website and the Data protection declaration which can be downloaded there (set link). The Customer shall receive information about his personal data which have been saved on request at any time.

 

 

  • 11 Applicable law, place of jurisdiction

German law shall apply exclusively excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). The registered office of RAL shall be agreed as the place of jurisdiction for any disputes regarding these General Terms and Conditions concerning transactions with merchants and with legal entities under public law and individual contracts concluded under their validity. In this case, RAL also has the right to file a lawsuit at the location of the registered office of the Customer.

Information on consumer arbitration proceedings and online settlement of disputes

RAL gGmbH shall participate in dispute settlement proceedings at the following recognised consumer arbitration body:

Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e.V.
Straßburger Straße 8
877694 Kehl
Telephone: +49 7851 79579 40
Fax: +49 7851 79579 41
Internet: www.verbraucher-schlichter.de
Email: mail@erbraucher-schlichter.de

This arbitration body is a “General consumer arbitration body” in accordance with § 4 Para. 2 Clause 2 Consumers’ Dispute Settlement Act (VSBG)

In addition, the EU Commission shall provide an internet platform for online minus settlement of disputes (so-called “OS-platform”). The OS-platform shall serve as the point of contact for out-of-court settlements of disputes regarding contractual obligations, which arise from online purchase contracts. The OS-platform can be reached using the following link: http://ec.europa.eu/consumers/odr

 

GENERAL TERMS AND CONDITIONS FOR CONSUMERS

GENERAL TERMS AND CONDITIONS FOR CONSUMERS

  • 1 Area of validity and providers
    § 2 Conclusion of the contract
    § 3 Prices
    § 4 Shipment costs
    § 5 Delivery conditions
    § 6 Payment terms
    § 7 Reservation of ownership
    § 8 Information on revocation
    § 8a Cost of returns when exercising the right of revocation
    § 9 Transport damage
    § 10 Statutory liability for defects
    § 11 Data protection
    § 12 Applicable law 

 

  • 1 Area of validity and providers

These General Terms and Conditions shall apply to all contracts which consumers conclude within the meaning of § 13 German Civil Code (BGB) (hereinafter referred to as “Customer”) via the RAL Farben online shop, by email or by fax with

RAL gemeinnützige GmbH, Fränkische Straße 7, 53229 Bonn, Germany (address for service),
Chairman of the Management Board: RA Rüdiger Wollmann (Lawyer)
Managing Director: RA Thomas Roßbach (Lawyer)
Shareholder: RAL Deutsches Institut für Gütesicherung und Kennzeichnung e. V.
Bonn District Court HRB 23155
Tax number: 222/5751/0595
Value added tax identification number in accordance with § 27 a Value Added Tax Act: DE 814 988 168

(hereinafter referred to as RAL).

A consumer is any individual who concludes a legal transaction for purposes which can overwhelmingly not be assigned to either their commercial or independent professional activity.

Service hotline: Mon. to Thurs. 8:00 am – 4:30 pm, Fri. 8:00 am – 3:30 pm

Telephone: +49 228 68895 120
Fax: +49 228 68895 420
Email: ral-farben@ral.de

 

  • 2 Conclusion of the contract
  • 2.1 The offers shown in our online shop are subject to change without notice and are not offers in the legal sense. By clicking on the “Confirm order” button or by sending an order by fax or email, the Customer is making a binding commitment to buy. Before an order is placed on our website by clicking the “Confirm order” button, the content of the order including the customer data is summarised on our order overview page. The Customer can correct all the order data there using the amendment fields envisaged for this purpose.
  • 2.2 RAL can accept the Customer’s order either by sending a separate order confirmation by email, fax or by delivering the goods. Receipt of the online order shall be confirmed through an automated email directly after the order has been sent and does not yet represent acceptance of the contract.
  • 2.3 In the event that the order confirmation contains spelling or printing errors or the price stipulation sent is based on technical transmission errors, RAL has the right to challenge it. Evidence of such an error shall be provided by RAL. Payments which have already been made shall be reimbursed immediately.
  • 2.4 The Customer can save or print out these General Terms and Conditions at any time using the browser functions. Customers can save the content of their order directly after placing their order and/or print it out and also view it later at any time using the “My account” function, In addition, we will make the contractual provisions including the General Terms and Conditions available in text form to every Customer after his order has been placed, no later than on delivery of the goods.
  • 2.5. The contractual language is exclusively German.

 

  • 3 Prices

The prices mentioned on the product pages contain the statutory value added tax  and other price components and are understood to be plus packaging and shipment costs.

 

  • 4 Shipment costs

The shipment costs for deliveries within Germany with a goods value of up to EUR 29.00 total EUR 6.50 and RAL shall bear the shipment costs if the value of goods is as of EUR 29.01.  The costs for shipments abroad are stated individually during the order process. A fee of EUR 42.00 shall be invoiced for deliveries to non-EU countries with an order value of over EUR 1,000.00 plus the shipment costs to cover completion of customs documents.

 

  • 5 Delivery conditions
  • 5.1 Deliveries within Germany and internationally shall take place regardless of the country and the desired form of shipment with a transport service provider assigned by RAL.
  • 5.2 If the ordered item cannot be delivered because RAL was not supplied by its supplier through no fault of its own despite the supplier’s contractual obligations, RAL has the right to withdraw from the contract. In this case, RAL shall inform the Customer immediately and if applicable suggest the delivery of a comparable product. If no comparable product is available or the Customer does not want the delivery of a comparable product, RAL shall immediately refund any counter-performance which has already been provided.
  • 5.3 If not all the ordered products are in stock, RAL has the right to make a partial delivery at its expense - insofar as this is reasonable.
  • 5.4 If delivery of the goods to the Customer fails despite three attempts at delivery and the latter is responsible for this, RAL can withdraw from the contract. Any payments made will be refunded to the Customer immediately.
  • 5.5 Delivery of the goods shall take place at the risk of RAL. The risk of accidental loss and accidental deterioration of the goods shall be transferred to the Customer when the goods are handed over.
  • 5.6 Delivery shall take place no later than within 10 working days (Monday to Friday, apart from on public holidays) after the payment order has been issued to the transferring credit institute (in the case of advance payment) or after the conclusion of the contract (for purchases on account).

 

  • 6 Payment terms
  • 6.1 Payments for orders in Germany can be made by a bank transfer after invoicing, by PayPal, advance payment or credit card. A payment on account is not possible for first-time orders. Deliveries abroad can be made only with advance payment by PayPal, bank transfer or credit card in euros. Any bank charges or credit card fees incurred will be charged for payments from abroad.
  • 6.2 In the event of delayed payment, interest will be charged on the purchase price at a rate of 5 percentage points above the base interest rate. RAL retains the right to provide evidence of a higher loss owing to the delay and assert this.
  • 6.3 If we become aware after the conclusion of the contract that the payment of the purchase price is at risk owing to the Customer’s lack of ability to pay, we have the right to demand advance payment or to withdraw from the contract if we have set a deadline for payment of the purchase price and this has not been successful. The Customer has the right to avert these consequences by paying a security deposit.

 

  • 7 Reservation of ownership

The goods shall remain under the ownership of RAL until they have been paid for in full. Pledging, transfer by way of security, processing or reconfiguration are not permitted without the consent of RAL before the transfer of ownership.

 

  • 8 Right of revocation
  • 8.1 Consumers have a 14-day right of revocation

Information on revocation

You have the right to revoke this contract within fourteen days without stating any reasons.

The period for revocation totals fourteen days as of the day on which you or a third party named by you, who is not a freight forwarder, has taken possession of the goods. In the event that a contract is for several goods, which you have ordered with a single order and which are delivered separately, on the day on which you or a third party named by you, who is not a freight forwarder, has taken possession of the last goods. In the event of a contract for the delivery of a good in several parts or pieces, on the day on which you or a third party named by you, who is not a freight forwarder, has taken possession of the last partial delivery or the last piece.

In order to exercise your right of revocation, you must inform us,

RAL gemeinnützige GmbH
Fränkische Straße 7
53229 Bonn
Germany

Telephone: +49 228 68895 120
Fax: +49 228 68895 420
Email: 
ral-farben@ral.de

by means of clear declaration (for example a letter sent by post, fax or email) about your decision to revoke this contract. You can use the link for this, namely Revocation form but this is not compulsory.

It is sufficient to comply with the revocation deadline if you send the notification that you are exercising the right of revocation before the revocation period expires.


Consequences of revocation

If you revoke this contract, we must immediately repay to you all the payments which we have received from you,  including delivery costs (with the exception of the additional costs which arise if you have selected a different form of delivery from the cheaper standard delivery offered by us) no later than within 14 days as of the day on which we received the notification about your revocation of this contract. We will use the same means of payment for this repayment as you used for the original transaction, unless something to the contrary has been expressly agreed with you; under no circumstances will you be charged by us for this repayment.

We can refuse the repayment until we have received the goods back or until you have provided evidence that you have sent the goods back to us, depending on which occurs earlier.

You must immediately and in any case send the goods back or hand them over to us no later than within fourteen days as of the day on which you informed us about the revocation of this contract. The deadline is complied with if you dispatch the goods before the expiry of the fourteen-day deadline.

We shall bear the costs of the return of the goods. If goods which we have delivered cannot be sent back by normal post owing to their features, we will collect the goods at our expense.

You are liable for any loss in value of the goods only if this loss of value is caused by your handling of the goods which was unnecessary to check the features, properties and functionality of the goods.

Your right of revocation shall lapse early before you have exercised your right of revocation for contracts regarding digital content, which are not delivered on a physical data carrier (e.g. download of software or release of a full version using a licence key), if the contract has been satisfied in full by both sides and you expressly consent to implementation of the contract in advance.

End of the information on the right of revocation

 

  • 8.2 The right of revocation shall not exist for deliveries of goods, which are made in accordance with customer specifications or are clearly tailored to personal requirements or for deliveries of audio-video recordings or software, insofar as the data carriers delivered have been unsealed by the Customer.
  • 8.3. The Customer is obliged to avoid damage and contamination. Please send the goods back in their original packaging with all the accessories and all the packaging components. If applicable, a protective outer packaging should be used. If the original packaging is no longer available, suitable packaging to provide sufficient protection against transport damage shall be used to avoid compensation claims regarding damage as a result of defective packaging.
  • 8.4 The Customer is requested to send the goods back to RAL as a post-paid parcel and keep the proof of posting. RAL shall refund the postage costs to the Customer.
  • 8.5 The Customer is requested to call telephone number +49 228 68895 120 at RAL before sending the parcel to notify us of the return shipment. This will enable RAL to assign the products as quickly as possible.
  • 8.6 The arrangements mentioned in paragraphs 8.3 to 8.5 are not a condition for the effective exercising of the right of revocation.

 

  • 8a and costs of returns when exercising the right of revocation

Should you use your statutory right of revocation (see information on the right of revocation), RAL shall bear the normal costs of the return shipment.

 

  • 9 Transport damage
  • 9.1 If goods are delivered with obvious transport damage, the Customer shall make a complaint immediately on delivery to the delivery agent and notify RAL as quickly as possible.
  • 9.2 Any delay in lodging a complaint or making contact shall have no consequences regarding the statutory warranty rights of the Customer. However, the Customer shall help RAL in being able to assert its own claims against the freight forwarder or the transport insurance policy.

 

  • 10 Statutory liability for defects

The statutory provisions on liability for defects shall apply if the item purchased has a material defect. This means that the Customer can primarily request supplementary performance, i.e. at his choice subsequent delivery or correction of defects.  In the event of additional statutory conditions, the Customer has the right to reduce the purchase price or withdraw from the contract.  The statutory conditions shall apply to claims for compensation owing to the defect regarding the goods.

 

  • 11 Data protection

RAL shall collect and save the Customer’s data which are necessary to process the transaction.  RAL shall observe the statutory provisions when processing the Customer’s personal data.  You can find further details in the Data protection declaration which can be downloaded from our website. The Customer shall receive information about his personal data which have been saved on request at any time.

 

 

  • 12 Applicable law

German law shall apply exclusively excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

Information on consumer arbitration proceedings and online settlement of disputes

RAL gGmbH shall participate in dispute settlement proceedings at the following recognised consumer arbitration body:

Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e.V.
Straßburger Straße 8
877694 Kehl
Telephone: +49 7851 79579 40
Fax: +49 7851 79579 41
Internet: www.verbraucher-schlichter.de
Email: mail@erbraucher-schlichter.de

This arbitration body is a “General consumer arbitration body” in accordance with § 4 Para. 2 Clause 2 Consumers’ Dispute Settlement Act (VSBG)

In addition, the EU Commission shall provide an internet platform for online minus settlement of disputes (so-called “OS-platform”). The OS-platform shall serve as the point of contact for out-of-court settlements of disputes regarding contractual obligations, which arise from online purchase contracts.  The OS-platform can be reached using the following link: http://ec.europa.eu/consumers/odr