Terms & conditions

§ 1 Scope of application and provider
§ 2 Conclusion of contract
§ 3 Prices
§ 4 Shipping costs
§ 5 Terms of delivery
§ 6 Terms of payment
§ 7 Reservation of proprietary rights
§ 8 Damage in transit
§ 9 Warranty
§ 10 Data protection
§ 11 Applicable law

 

§ 1 Scope of application and provider
These General Terms and Conditions apply to all contracts concluded by an entrepreneur (hereinafter referred to as "customer ") within the meaning of § 14 BGB (German Civil Code) via the RAL COLOURS online shop or email with

RAL gemeinnützige GmbH, Fränkische Straße 7, 53229 Bonn, Germany (address for service),
Chairman of the Board: RA Rüdiger Wollmann
Managing Director: RA Thomas Roßbach
Shareholder: RAL Deutsches Institut für Gütesicherung und Kennzeichnung e. V.
Local Court Bonn HRB 23155
Tax number: 222/5751/0595
VAT identification number pursuant to § 27a of the German Sales Tax Act: DE 814 988 168 (hereinafter referred to as "RAL").

An entrepreneur is a natural or legal person or a judicable partnership acting in the exercise of its commercial or independent professional activity when concluding a legal transaction. A judicable partnership is a partnership with the capacity to acquire rights and incurliabilities.

Service Hotline:
Mon. to Thurs. 09:00 - 17:00, Fri. 09:00 - 15:00
Phone: +49 228 68895 120
Email: ral-farben@ral.de
 

§ 2 Conclusion of contract

§ 2.1 The offers presented in our online shop are non-binding and are not offers in the legal sense. By clicking the button "order with costs" or by sending an order by email, the customer makes a binding offer to purchase. Before an order is placed on our website by clicking the button "order with costs", the content of the order including the customer data is summarised on our overview page. The customer can correct all order data there using the change fields provided.

§ 2.2 RAL may accept the customer's order either by sending a separate order confirmation by email or by delivering the goods. If the order is placed via the online shop, RAL will inform the customer immediately of the receipt of the order by sending an automated email. This confirmation does not constitute acceptance of the contract.

§ 2.3 In the event that the order confirmation should contain typographical or printing errors or the price determination sent should be based on transmission errors for technical reasons, RAL shall be entitled to contest the order. Such an error must be proven by RAL. Payments already made will be refunded without delay.

§ 2.4 The customer can save and/or print these General Terms and Conditions at any time using the browser functions. Customers can save and/or print the content of their order immediately after placing their order and also view it later at any time using the "my account" function. Furthermore, we will provide each customer with the contractual provisions, including the general terms and conditions, in text form after submission of their order, at the latest upon delivery of the goods.

§ 2.5 The contractual language is exclusively German.

§ 2.6 Insofar as the customer orders a product that is manufactured according to the customer's individual specifications, the customer grants RAL a non-exclusive permanent royalty-free right to display images of the individualised product (including the trademarks contained on the product) for advertising in connection with RAL products and similar marketing communication on RAL websites and print media (brochures, catalogues, etc.) of RAL. The customer may object to this use at any time with effect for the future.

 

§ 3 Prices
The prices stated on the product pages include the statutory VAT and other price components and do not include packaging and shipping costs.
 

§ 4 Shipping costs
For the delivery of physical products within Germany, the shipping costs for a net value of goods up to EUR 29.00 are EUR 6.50, for a net value of goods from EUR 29.01 RAL bears the shipping costs. The costs for shipping abroad are indicated individually during the order process. For deliveries to non-EU countries, a fee of EUR 49.00 for the preparation of customs documents will be charged in addition to the shipping costs for an order value of more than EUR 1,000.00. The delivery of digital products is always free of shipping costs.

 

§ 5 Terms of delivery

§ 5.1 Delivery within Germany and internationally is carried out by a transport service provider appointed by RAL, depending on the country and the desired shipping method.

§ 5.2 If an ordered article is not available because RAL was not supplied by its supplier through no fault of its own despite the supplier's contractual obligations, RAL is entitled to withdraw from the contract. In this case, RAL will inform the customer immediately and, if necessary, propose the delivery of a comparable product. If no comparable product is available or if the customer does not wish to receive a comparable product, RAL will immediately refund any consideration already paid.

§ 5.3 If not all ordered products are in stock, RAL shall be entitled - insofar as this is reasonable - to make partial deliveries at its own expense.

§ 5.4 Should the delivery of the goods fail through the customer's fault and despite three delivery attempts, RAL may withdraw from the contract. Any payments made will be refunded to the customer without delay.

§ 5.5 The goods shall be delivered at RAL's risk. The risk of accidental loss and accidental deterioration of the goods shall pass to the customer upon handover to the customer.

§ 5.6 Stated delivery periods are only indicative and are therefore deemed to be only approximately agreed (approximate periods).

 

§ 6 Terms of payment

§ 6.1 Payment for domestic orders can be made by bank transfer after invoicing, by PayPal, by prepayment or by credit card. Payment on account is not possible for first-time customers. Deliveries to foreign countries are only made against advance payment via PayPal, bank transfer or credit card in euros. For payments from abroad, bank charges or credit card fees may be charged.

§ 6.2 In the event of default in payment, interest shall be charged on the purchase price at a rate of 5 percentage points above the base interest rate during the period of default. RAL reserves the right to prove and assert higher damages caused by default.

§ 6.3 If, after conclusion of the contract, RAL becomes aware that payment of the purchase price is at risk due to the customer's inability to pay, RAL is entitled to demand advance payment or, if RAL has unsuccessfully set a dead line for payment of the purchase price, to withdraw from the contract. The customer is entitled to avert these consequences by providing security.

 

§ 7 Reservation of proprietary rights

The goods shall remain the property of RAL until payment has been made in full. Prior to the transfer of property, pledging, transfer of property by way of security, processing or transformation is not permitted without prior consent of RAL.

 

§ 8 Damage in transit

§ 8.1 In the case of delivery of goods with obvious transport damage, the customer must complain to the delivery company immediately upon delivery and inform RAL as soon as possible.

§ 8.2. If the purchase is a commercial transaction for both parties, § 377 HGB (commercial code) applies.

 

§ 9 Warranty, compensation

§ 9.1 In the event of a material defect in the purchased item, the statutory provisions shall apply. This means that the customer may first and foremost demand supplementary performance, i.e., at his option, subsequent delivery or remedy of the defect. If the other legal requirements are met, the customer is entitled to reduce the purchase price or withdraw from the contract. The claims for damages due to the defect of the goods shall be subject to the statutory prerequisites.

§ 9.2 RAL shall be liable without limitation inso far as the cause of the damage is based on an intentional or grossly negligent breach of duty on the part of RAL or a legal representative or vicarious agent of RAL. Furthermore, RAL is liable for the slightly negligent breach of essential obligations, the breach of which jeopardises the achievement of the purpose of the contract, or for the breach of obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which you regularly rely. However, in this case, RAL shall only be liable for the foreseeable damage typical for the contract. RAL is not liable for the slightly negligent breach of obligations other than those specified in the above sentences. The above limitations of liability do not apply in the event of injury to life, limb or health, for a defect following the assumption of a guarantee for the quality of the product and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected. Insofar as RAL's liability is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.

 

§ 10 Data protection

RAL collects and saves the customer's data necessary for the business transaction. Whenprocessing the customer's personal data, RAL observes the statutory provisions. Information can be found at: Data Protection | RAL COLOURS (ral-colours.de)

§ 11 Applicable law, place of jurisdiction

German law shall apply exclusively to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). In business transactions with merchants and with legal entities under public law, the place of jurisdiction for all legal disputes concerning these Terms and Conditions and individual contracts concluded under their application is agreed to be RAL's place of business. In this case, RAL is also entitled to bring an action at the customer's place of business. Information on the dispute settlement procedure for consumers and online settlement of disputes RAL gGmbH participates in the dispute settlement procedure of the following recognised arbitration board for consumers: This arbitration board is a "General Consumer Arbitration Board" according to § 4 para. 2

 

sentence 2 VSBG.
 

Universalschlichtungsstelle des Bundes
Zentrums für Schlichtung e.V.
Straßburger Straße 8
77694 Kehl am Rhein
Germany
mail@universalschlichtungsstelle.de

In addition, the EU Commission provides an internet platform for the online minus settlement of disputes (so-called "ODR platform"). The ODR platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. The ODR platform can be accessed via the following link: http://ec.europa.eu/consumers/odr

§ 1 Scope of application and provider
§ 2 Conclusion of contract
§ 3 Prices
§ 4 Shipping costs
§ 5 Terms of delivery
§ 6 Terms of payment
§ 7 Reservation of proprietary rights
§ 8 Cancellation policy
§ 8a Return costs when exercising the power of revocation
§ 9 Damage in transit
§ 10 Legal liability for defects
§ 11 Data protection
§ 12 Applicable law

 

§ 1 Scope of application and provider

These General Terms and Conditions apply to all contracts concluded by consumers within the meaning of § 13 of the German Civil Code (hereinafter referred to as "customer") via the RAL COLOURS online shop or by email with

RAL gemeinnützige GmbH,
Fränkische Straße 7, 53229 Bonn, Germany (address for service),
Chairman of the Board: RA Rüdiger Wollmann
Managing Director: RA Thomas Roßbach
Shareholder: RAL Deutsches Institut für Gütesicherung und Kennzeichnung e. V.
Local Court Bonn HRB 23155
Tax number: 222/5751/0595
VAT identification number pursuant to § 27a of the German Sales Tax Act: DE 814 988 168 (hereinafter referred to as "RAL").

A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his or her commercial nor to his or her independent professional activity.
Service Hotline:
Mon. to Thurs. 09:00 - 17:
00, Fri. 09:00 - 15:00
Phone: +49 228 68895 120
Email: ral-farben@ral.de
 

§ 2 Conclusion of contract

§ 2.1 The offers presented in our online shop are subject to change and are not offers in the legal sense. By clicking the button "order with costs" or by sending an order by email, the customer makes a binding offer to purchase. Before placing an order on our website by clicking on the button "order with costs", the content of the order including the customer data is summarised on our overview page. The customer can correct all order data there using the change fields provided.

§ 2.2 RAL may accept the customer's order either by sending a separate order confirmation by email or by delivering the goods. Confirmation of receipt of the online order is sent by an automated email immediately after the order is sent and does not constitute acceptance of the contract.

§ 2.3 In the event that the order confirmation should contain typographical or printing errors or the price determination sent should be based on transmission errors for technical reasons, RAL shall be entitled to contest the order. Such an error must be proven by RAL. Payments already made will be refunded without delay.

§ 2.4 The customer can save and/or print these General Terms and Conditions at any time using the browser functions. Customers can save and/or print the contents of their order immediately after placing their order and also view them later at any time using the "my account" function. Furthermore, we will provide each customer with the contractual provisions, including the General Terms and Conditions, in text form after submission of their order, at the latest upon delivery of the goods.

§ 2.5. The contractual language is exclusively German.

 

§ 3 Prices

The prices stated on the product pages include the statutory VAT and other price components and do not include packaging and shipping costs.
 

§ 4 Shipping costs

For the delivery of physical products within Germany, the shipping costs for a net value of goods up to EUR 29.00 are EUR 6.50, for a net value of goods from EUR 29.01 RAL bears the shipping costs. The costs for shipping abroad are indicated individually during the order process. For deliveries to non-EU countries, a fee of EUR 49.00 for the preparation of customs documents will be charged in addition to the shipping costs for an order value of more than EUR 1,000.00. The delivery of digital products is always free of shipping costs.

 

§ 5 Terms of delivery

§ 5.1 The delivery of physical products within Germany and internationally isvcarried out by a transport service provider used by RAL, depending on the country and the desired shipping method.

§ 5.2 If an ordered item is not available because RAL was not supplied by its supplier through no fault of its own despite the supplier's contractual obligations, RAL is entitled to withdraw from the contract. In this case RAL will inform the customer without delay and, if necessary, propose the delivery of a comparable product. If no comparable product is available or if the customer does not wish to receive a comparable product, RAL will immediately refund any consideration already paid.

§ 5.3 If not all ordered products are in stock, RAL shall be entitled - insofar as this is reasonable - to make partial deliveries at its own expense.

§ 5.4 Should the delivery of the goods fail through the fault of the customer despite three delivery attempts, RAL may withdraw from the contract. Any payments made will be refunded to the customer without delay.

§ 5.5 The goods are delivered at RAL's risk. The risk of accidental loss and accidental deterioration of the goods shall pass to the customer upon handover to the customer.

§ 5.6 Delivery shall be made at the latest within 10 working days (Monday to Friday, public holidays excepted) after the payment order has been issued to the remitting bank (in the case of advance payment) or after conclusion of the contract (in the case of purchase on account).
 

§ 6 Terms of payment

§ 6.1 Payment for domestic orders can be made by bank transfer after invoicing, by PayPal, by prepayment or by credit card. Payment on account is not possible for first-time customers. Deliveries abroad are only made against advance payment via PayPal, bank transfer or credit card in euros. For payments from abroad, bank charges or credit card fees may apply. Purchase on account is not possible when ordering digital products.

§ 6.2 In the event of default in payment, interest shall be charged on the purchase price at a rate of 5 percentage points above the base interest rate during the period of default. RAL reserves the right to prove and assert higher damages caused by default.

§ 6.3 If, after conclusion of the contract, we become aware that payment of the purchase price is at risk due to the customer's inability to pay, we shall be entitled to demand advance payment or, if we have unsuccessfully set a deadline for payment of the purchase price, to withdraw from the contract. The customer is entitled to avert these consequences by providing security.

 

§ 7 Reservation of proprietary rights

The goods shall remain the property of RAL until payment has been made in full. Prior to the transfer of property, pledging, transfer of property by way of security, processing or transformation is not permitted without prior consent of RAL.

 

§ 8 Cancellation policy

§ 8.1 Consumers have a 14-day right of cancellation.

Cancellation policy
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the goods. In the case of a contract for several goods which you have ordered as part of a single order and which are delivered separately, on the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last goods. In the case of a contract for the delivery of goods in several parts or pieces, on the day on which you or a third party named by you, who is not the carrier, have or has taken possession of the last partial consignment or the last piece.
To exercise your right of cancellation, you must notify us, the

RAL gemeinnützige GmbH
Fränkische Straße 7
53229 Bonn Germany
Telephone: +49 228 68895 120
Email: ral-farben@ral.de

by means of a clear declaration (for ex
ample, a letter sent by post or an
email) about your decision to revoke this contract. You can use the revocation form provided by the link, which is not mandatory. In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of cancellation before the expiry of the withdrawal period.

Consequences of cancellation
If you withdraw from this contract, we must reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheaper standard delivery offered by us), without delay and at the latest within 14 days from the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will we charge you any fees for this repayment.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, depending on which is the earlier point in time.
You must return or hand over the goods to us without delay and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. We shall bear the costs of returning the goods. If goods delivered by us cannot be returned normally by post due to their nature, we will collect the goods at our expense.

You will only have to pay for any loss of value of the goods if this loss of value is due to your handling the goods in a way that is not necessary for checking the condition, properties and functioning of the goods.

In the case of contracts for digital content that is not delivered on a physical data carrier (e.g. download of software or activation of a full version by means of a licence key), your right of cancellation expires prematurely before you have exercised your right of cancellation if the contract has been completely fulfilled by both parties and you have previously expressly consented to the execution of the contract.
End of the cancellation policy

§ 8.2 The right of withdrawal does not a pply to the delivery of goods that are manufactured according to customer specifications or are clearly tailored to personal needs or to the delivery of audio-video recordings or software if the contract has been completely fulfilled by both parties and the execution of the contract has been expressly agreed.

§ 8.3 The customer is required to avoid damage and soiling. If possible, the goods are to be returned in the original packaging with all accessories and packaging components. If necessary, protective outer packaging must be used. If the original packaging is no longer available, suitable packaging must be used to provide sufficient protection against transport damage in order to avoid claims for damages as a result of defective packaging.

§ 8.4 The customer is requested to return the goods to RAL with the return label provided by RAL.

§ 8.5 The modalities mentioned in paragraphs 8.3 and 8.4 are not a prerequisite for the effective exercise of the right of withdrawal.

 

§ 8a Return costs when exercising the power of revocation

Should you make use of your statutory right of revocation (see cancellation policy), RAL shall bear the regular costs of the return shipment.

 

§ 9 Damage in transit

§ 9.1 In the case of delivery of goods with obvious transport damage, the customer must complain to the delivery company immediately upon delivery and inform RAL as soon as possible.

§ 9.2 Failure to make a complaint or to contact RAL has no consequences for thecustomer's statutory warranty rights. However, the customer helps RAL to be able to assert its own claims against the carrier or the transport insurance.

 

§ 10 Legal liability for defects

§ 10.1 In the event of a material defect in the purchased item, the statutory provisions on warranty for defects shall apply. This means that the customer can first and foremost demand supplementary performance, i.e., at his or her choice, subsequent delivery or rectification of defects. If the other legal requirements are met, the customer is entitled to reduce the purchase price or withdraw from the contract. The statutory prerequisites shall apply to claims for damages due to the defect of the goods.

§ 10.2 RAL shall be liable without limitation insofar as the cause of the damage is based on an intentional or grossly negligent breach of duty by RAL or a legal representative or vicarious agent of RAL. Furthermore, RAL is liable for the slightly negligent breach of essential obligations, the breach of which jeopardises the achievement of the purpose of the contract, or for the breach of obligations, the
fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which you regularly rely. In this case, however, RAL shall only be liable for the foreseea
ble damage typical for the contract. RAL is not liable for the slightly negligent breach of obligations other than those specified in the above sentences. The above limitations of liability do not apply in the event of injury to life, limb or health, for a defect following the assumption of aguarantee for the quality of the product and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected. Insofar as RAL's liability is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.

 

§ 11 Data protection

RAL collects and stores the customer's data necessary for the business transaction. When processing the customer's personal data, RAL observes the statutory provisions. You can find more detailed information under Data protection | RAL Colours (ral-farben.de)
 

§ 12 Applicable law

German law shall apply exclusively to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

 

Information on the dispute settlement procedure for consumers and online settlement of disputes

RAL gGmbH participates in the dispute settlement procedure of the following recognised arbitration board for consumers:

Universalschlichtungsstelle des Bundes
Zentrums für Schlichtung e.V.
Straßburger Straße 8
77694 Kehl am Rhein
Germany
mail@universalschlichtungsstelle.de

In addition, the EU Commission provides an internet platform for the online minus settlement of disputes (so-called "ODR platform"). The ODR platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. The ODR platform can be accessed via the following link: http://ec.europa.eu/consumers/odr