General terms and conditions
GENERAL TERMS AND CONDITIONS (T&Cs) / CANCELLATION POLICY (see Section 8 of the T&Cs) / PRIVACY STATEMENT (see Section 3 of the T&Cs) / DELIVERY TERMS AND COSTS (see Section 4 of the T&Cs)
§ 1 Scope
(1) The following Terms and Conditions form an integral part of any contract between RINGANA GmbH, RINGANA Campus A 1, 8295 St. Johann i. d. H., Austria, represented by its Managing Director, Mr Andreas Wilfinger, with business address at the same location (hereinafter referred to as “RINGANA”) and the customer.
(2) RINGANA shall render its services exclusively on the basis of these Terms and Conditions.
§ 2 Conclusion of Contract
(1) The presentation of goods, in particular on the internet, does not represent a binding offer from RINGANA.
(2) The customer may select from the offer as desired and place goods in the Shopping Cart using an “ADD” link. The customer may empty the Shopping Cart again at any time by setting the number of the selected products to “0”. The changes may be made using a mouse or keyboard. By clicking on the “GO TO CHECKOUT” button, customers are connected to a page on which they can register as customers if they do not yet have any login details, or they can log in as an existing customer. To do this, a user name along with a password and the contact details are entered. After completing registration and confirmation of the delivery address, the ordering process is concluded by clicking the “ORDER WITH CHARGE TO ACCOUNT” button. By submitting the order, the customer makes a binding offer to purchase the goods that are in the Shopping Cart and accepts these General Terms and Conditions. The receipt of the order is displayed to the customer immediately after the conclusion of the ordering process.
We save your order and the order details that you entered.
(3) The customer is informed about the receipt of the order by e-mail. This does not represent a binding acceptance of the order. The contract is only entered into when a separate delivery confirmation is sent by e-mail or when the goods are shipped.
(4) The language used for concluding and handling this contract is English.
§ 3 Privacy Statement
(1) RINGANA uses the data provided by the customer (name, gender, address, e-mail address, telephone number, fax number, bank details, IP address, time of visit and geographic location) exclusively for the corresponding purpose and in compliance with the valid statutory provisions; any other use is solely with the customer’s explicit consent. The customer may object to the use of his/her data at any time.
(2) The customer explicitly agrees that RINGANA may process the customer’s personal data as specified in the foregoing paragraph for the purpose of providing access to the contractual services (use of the website www.ringana.com and, in particular, of the online shop in order to purchase Ringana products), to communicate with the customer (in particular to send newsletters to the customer), to analyse user behaviour and to process his/her order. For the purpose of contract performance, i.e. delivery, the customer’s personal data are shared with the forwarding agent where this is necessary for the delivery of the goods. The forwarding agent is also obliged to use the customer’s personal data exclusively in accordance with the provisions of applicable data protection legislation.
(3) The customer may however withdraw his/her declaration of consent at any time without specifying grounds by writing to RINGANA (Ringana GmbH, Herrengasse 1, A-8230 Hartberg) whereby the further use of data by RINGANA save for purposes necessary for contract performance shall become unlawful. In the event of a consent, the customer may at any time request details of the data stored by RINGANA GmbH, alter them or have them erased and may withdraw his/her consent at any time.
§ 4 Delivery Terms / Delivery Costs
(1) Unless agreed otherwise in writing, the delivery shall be made ex stock. If the customer is a consumer, the shipping risk shall be borne exclusively by RINGANA. On the other hand, if the customer runs a business, the risk is transferred to the customer as soon as RINGANA has delivered the item to the shipping agent or to a person or persons or organisation that has otherwise been designated to execute the shipment.
(2) Delivery will be effected within 5 working days whereby working days shall be Monday to Friday, with the exception of public holidays. The deadline shall begin with conclusion of the contract and may vary depending on the country and delivery method. Details about delivery times, delivery costs and delivery types for the respective countries are available at www.ringana.com under “Delivery Costs and Payment Methods”.
§ 5 Terms of Payment
(1) You may view the payment methods that are acceptable (PayPal, bank transfer) here. If payment is made by the payment method “Payment by PayPal”, the purchase price demand shall be transferred to PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, 2449 Luxembourg (“PayPal”). The data that is required to process the payment shall be provided to PayPal. For the purpose of its own creditworthiness check, PayPal shall provide data to credit reporting agencies (credit agencies) and shall receive from them information and, if necessary, creditworthiness information on the basis of mathematical-statistical processes (probability values or score values) which use, among other things, address details for calculation purposes. By selecting the aforementioned payment method, the customer hereby declares that he or she agrees to the submission of data to PayPal as well as to the carrying out of credit checks. More detailed information in this regard and on the credit agencies used may be obtained from the data protection provisions of PayPal, which may be viewed here.
(2) All prices are to be understood as including statutory sales tax.
(3) Unless something to the contrary is agreed separately, all shipping costs, in particular packaging, transport costs, transport insurance, and notifications, shall be borne by the customer.
(4) Orders from first-time customers that exceed EUR 250 may be paid for only by prepayment or cash on delivery.
(5) If a customer defaults on payment, even if the default on payment is not the customer’s fault, the customer shall undertake to pay the resulting reminder fees as well as interest amounting to 12.5% p. a. As a consequence, a debt collection agency shall be instructed to collect the debt.
Apart from the above-mentioned costs, all costs incurred by the debt collection agency that are invoiced to us, the maximum sum of which shall be determined by BGBI No. 141/96 (ordinance on the highest chargeable rates for debt collection agencies), shall be charged to the defaulting customer insofar as these costs are reasonable and necessary for the prosecution of our claim.
The payments will firstly be offset against interest charges and costs.
The customer is herewith explicitly informed that in the event that he/she defaults on payment to RINGANA GmbH (Ringana Kosmetik), in accordance with Art. 6 (1) f) of the General Data Protection Regulation (GDPR) his/her name (inclusive of former names), gender, address, profession, outstanding amount and reminder data will be input into the Warenkreditevidenz (database of defaulters) and will be shared with agencies authorised to collect debts.
The exercise of further rights and demands by RINGANA remains unaffected by the above.
§ 5a: Gift Vouchers
Gift vouchers ranging in value from EUR 10 to EUR 250 may be purchased at http://www.ringana.com/de/produkte/gutscheine/gutschein-kaufen/. Gift vouchers are valid for 30 years, until the credit has been used up. Gift vouchers may not be exchanged for cash and do not accumulate interest.
Customers may pay with valid gift vouchers during the order process by selecting “VOUCHER” as the payment method, or by entering the voucher code(s) and redeeming the full value of the voucher or a part thereof against the order. Any shortfall between the value of the voucher and the value of the order may be made up by using one of the payment methods specified at No. 5 above.
§ 6 Reservation of Title
The goods shall remain the property of RINGANA until payment has been received in full.
§ 7 Warranty
(1) With regard to the warranty, the legal provisions shall apply to the extent that nothing to the contrary has been agreed in Section 7 (2) to (3).
(2) The warranty period is 24 months and commences with the transfer of the purchased goods if the customer is a consumer.
(3) If the customer runs a business, the period is 12 months commencing with the transfer of the goods. The period of limitation for claims for compensation for loss of life, physical injury, or damage to health that are the result of an intentional or negligent breach of obligation by the seller or of an intentional or negligent breach of obligation by a legal representative or agent of RINGANA shall remain unaffected. In addition, the period of limitation for claims for compensation for other damages that are the result of an intentional or grossly negligent breach of obligation by the seller or of an intentional or grossly negligent breach of obligation by a legal representative or agent of RINGANA shall remain unaffected. If RINGANA negligently breaches a substantial contractual obligation, the period of limitation for claims for compensation shall likewise remain unaffected. Substantial contractual obligations are those obligations which the contract imposes upon RINGANA according to its content for achieving the purpose of the contract, the fulfilment of which actually makes the proper execution of the contract possible in the first place and compliance with which the customer may regularly rely upon (such as the delivery of the goods and the acquisition of title to the goods).
(4) The customer that runs a business shall examine the goods immediately upon delivery by RINGANA to the extent that this is feasible in the regular course of business and, if a defect is revealed, shall immediately report it to RINGANA. If the customer does not make such a report, the goods shall be deemed to have been accepted unless the defect is a defect which was not apparent during the examination. If such a defect is revealed at a later date, the report must be made immediately upon discovery. Otherwise, the goods shall be deemed to have been accepted even in view of this defect. Prompt submission of the report shall be sufficient to preserve the rights of the customer. If RINGANA has maliciously concealed the defect, it may not make use of these provisions.
§ 8 Cancellation Policy
Right of Cancellation
You as a consumer have the right to cancel this contract within fourteen days without specifying reasons for doing so.The right of revocation and of exchange does not apply to gift vouchers and merchandise articles.
The cancellation period is fourteen days from the date on which you or a third party named by you that is not a shipping agent has taken possession of the goods.
To exercise your right to cancellation, you must inform us,
RINGANA Campus A 1
A-8295 St. Johann i. d. H.
Telefoon: +43 (0)3332 / 61550
Telefax: +43 (0)3332 / 61550-1015
by way of an unambiguous declaration (for example, a letter sent by post, a fax or an e-mail) of your decision to cancel this contract. You may use the enclosed sample cancellation form to do this, but this is not an obligatory requirement.
To preserve the notification period, it is sufficient for you to send the notice of the exercising of the right of cancellation before the expiration of the cancellation period.
Consequences of Cancellation
If you cancel this contract, we must refund to you all the payments that we have received from you, including the delivery costs (with the exception of the additional costs that result from you having selected a different type of delivery from the most economical standard delivery that we offer) immediately and at the latest within fourteen days from the date on which we receive the notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction unless a different arrangement has been expressly agreed with you; under no circumstances shall you be charged any fees on account of this refund. When you pay with a gift voucher, any unused credit will be transferred to a new gift voucher.
We may refuse the refund until we have received back the goods or until you have provided proof that you have sent back the goods, whichever occurs first.
You must send the goods back to us or hand the goods over to us immediately and in any event within fourteen days from the date on which you notify us of the cancellation of this contract. The deadline will have been met if you send the goods before the expiration of the period of fourteen days.
You must pay the direct costs of returning the goods.
You must only pay for any possible loss in the value of the goods if this loss in value can be attributed to actions that were not necessary for the purpose of examining the composition, properties and manner of functioning of the goods.
Sample Cancellation Form
(If you want to cancel the contract, then please complete this form and return it to us)
– To (enter name, address, fax, e-mail)
– I/we (*) hereby cancel the contract concluded by me/us regarding the purchase of the following goods (*) / the rendering of the following service (*)
– Ordered on (*) / Received on (*)
– Name of the consumer (s)
– Address of the consumer(s)
– Signature of the consumer(s) (only for notification on paper)
(*) Delete as applicable
§ 9 Limitation of Liability
(1) With the exception of loss of life, physical injury and damage to health, RINGANA shall only be liable for damages that are attributable to intentional or grossly negligent behaviour. This also applies to indirect consequential damages, such as in particular lost profit.
(2) Apart from in the case of intentional or grossly negligent behaviour or damages resulting from loss of life, physical injury and damage to health, the liability shall be limited to the damages that are typically foreseeable when the contract is concluded and shall also be limited in their amount to the average damages that are typical of the type of contract. This also applies to indirect consequential damages, such as in particular lost profit.
(3) The limitations of liability outlined in paragraphs 1 and 2 shall also apply analogously in favour of the employees and agents of RINGANA.
(4) Claims for liability on the basis of the Austrian Product Liability Act remain unaffected.
§ 10 Information on Online Dispute Resolution
On 15 February 2016, the European Commission established an internet platform for online dispute resolution. This is intended to enable consumers and retailers to settle disputes relating to online purchase contracts or online service contracts simply, efficiently, swiftly and out of court. The platform can be accessed at http://ec.europa.eu/consumers/odr
We prefer to settle your concerns directly and do not participate in consumer arbitration proceedings. In such a situation, we ask you to contact us by e-mailing firstname.lastname@example.org.
§ 11 Final Provisions
(1) The law of the Federal Republic of Austria shall apply, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Regardless of the specific choice of law, consumers with a regular domicile outside of Austria may also resort to the law of the country in which they have their legal residence.
(2) If the customer runs a business, the place of performance shall be the registered office of RINGANA.
(3) If the customer runs a business, the court in Graz, Austria that exercises commercial jurisdiction shall be responsible for ruling on any possible disputes arising from this contract.