General terms and conditions

General Terms and Conditions for Commercial Customers

Article 1 Scope of Validity and Supplier
Article 2 Conclusion of the Contract
Article 3 Prices
Article 4 Delivery Charges
Article 5 Delivery Conditions
Article 6 Payment Conditions
Article 7 Retention of Title
Article 8 Damage in Transit
Article 9 Guarantee Cover
Article 10 Data Protection
Article 11 Concluding Provisions
Article 12 Applicable Laws 

 

Article 1 Scope of Validity and Supplier

These General Terms and Conditions are valid for all contracts concluded by the commercial customer, as defined in Article 14 of the German Civil Code (BGB), via the RAL Colours Online Shop, via e-mail or via fax with

RAL gemeinnützige GmbH, Fränkische Straße 7, 53229 Bonn, Germany (legally registered address in the case of a court summons),
President and CEO: Rüdiger Wollmann, Attorney-at-Law
Managing Director: Thomas Roßbach, Attorney-at-Law
Shareholder: RAL Deutsches Institut für Gütesicherung und Kennzeichnung e. V.
Siegburg District Court HRB 10206
Tax number: 222/5751/0595
Value Added Tax (VAT) identification number as per Section 27a of the German VAT Act (Umsatzsteuergesetz):
DE 814 988 168 

(hereinafter referred to as "RAL").

A commercial customer is a natural person or a legal entity or an unincorporated company acting within the scope of their commercial or self-employed activity when concluding a legal transaction. An unincorporated company is a partnership with the legal capacity to acquire rights and incur obligations.

Service Hotline: Mon - Thurs 08:00 – 16:30, Fri 08:00 – 15:30

Telephone (international): +49 228 68895 120
Fax: +49 228 68895 420
E-mail: RAL-Colours@RAL-gGmbH.com

 

Article 2 Conclusion of the Contract

Article 2.1 The goods and prices presented in our online shop are non-binding and do not constitute offers in the legal sense. By clicking the "Confirm order" button or when sending an order via fax or e-mail, the commercial customer is making a binding offer to purchase the goods. Before placing an order on our website by clicking on the "Confirm order" button, the contents of the order including the relevant customer data will be summarised on the order summary page. The commercial customer is able to correct all order data using the order amendment fields provided on this page.

Article 2.2 RAL can accept the order by either sending a separate order confirmation by e-mail/fax or through the delivery of the goods. Confirmation of receipt of the online order is automatically sent by e-mail once the order is submitted and this does not yet represent the acceptance of the contract.

Article 2.3 In the event that the order confirmation contains typing or printing errors or the defined prices are incorrect due to technical transmission errors, RAL is entitled to challenge the validity of the order confirmation. In this case, RAL is required to prove this type of mistake. Any payments already made will be immediately refunded.

Article 2.4 The commercial customer can save or print out these General Terms and Conditions at any time with the help of the functions on their browser. Commercial customers can save and/or print out the contents of their order immediately after it has been submitted and also view them later at any time under the function "My account". Furthermore, we will provide every commercial customer with a copy of the contract provisions including the General Terms and Conditions in text form, at the latest with the delivery of the goods.

Article 2.5. The contractual language is exclusively German.

 

Article 3 Prices

The prices stated on the product pages include statutory VAT and other price components but do not include the packaging and delivery charges.

 

Article 4 Delivery Charges

The standard delivery charge within Germany for a total value of goods up to EUR 20.00 is a flat-rate fee of EUR 3.50, the charge when the total value of goods is above EUR 20.00 is a flat-rate fee of EUR 6.50. The charges for domestic and international deliveries with UPS will be individually stated during the order process. In the case of deliveries abroad to non-EU countries with a total order value greater than EUR 1,000.00, a fee of EUR 42.00 will be charged for the issuing of customs documentation. In addition, the commercial customer is also able to collect the goods from RAL after making prior contact and paying for the goods in advance.

 

Article 5 Delivery Conditions

Article 5.1 The delivery of the goods within Germany or abroad is carried out by either DHL or UPS depending on the relevant country and the requested delivery method.

Article 5.2 In the event that an ordered item cannot be delivered because RAL for no fault of their own have not received the item from their suppliers in spite of their contractual obligation, RAL is entitled to withdraw from the contract. In this case, RAL will inform the commercial customer immediately and, if relevant, recommend the delivery of a comparable product. If no comparable product is available or the commercial customer does not wish to receive a comparable product, RAL will immediately refund any payments that may already have been made.

Article 5.3 If not all of the ordered items are in stock, RAL is entitled - insofar as it is reasonable - to make part deliveries at their own cost.

Article 5.4 Insofar as the commercial customer is to blame for the failure to deliver the goods on three separate occasions, RAL is entitled to withdraw from the contract. Any payments already made will be immediately refunded.

Article 5.5 The delivery of the goods is carried out at the risk of the supplier. The risk of accidental loss or accidental impairment of the goods is transferred to the commercial customer upon delivery.

Article 5.6 The stated delivery times are only given for reference and are therefore only agreed as approximate values (approximate delivery times).

 

Article 6 Payment Conditions

Article 6.1 Payment for the order shall be made by bank transfer after the issuing of the invoice or by credit card. Deliveries abroad are only made following payment in advance in Euro. Any relevant bank charges or credit card fees for payments from abroad will be charged to the commercial customer.

Article 6.2 In the event of late payment, interest will be charged on the purchase price at the rate of 5% above the basic rate of interest. RAL reserves the right to prove and assert a higher claim for damages due to late payment.

Article 6.3 If we become aware after the conclusion of the contract that payment of the purchase price is endangered due to commercial customer's inability to pay, we are entitled to request payment in advance or, after having issued a deadline for the advance payment of the purchase price without settlement of the outstanding amount, withdraw from the contract. The commercial customer is entitled to assert his right to provide a security to avert these consequences.

 

Article 7 Retention of Title

The ordered goods remain the property of RAL until full payment has been received.. Before the transfer of ownership, it is not permitted for the goods to be pledged, assigned as collateral, processed or transformed without permission from RAL.

 

Article 8 Damage in Transit

Article 8.1 If goods with obvious transportation damage are delivered, the commercial customer shall immediately make a complaint to the delivery agent at the time of the delivery and notify RAL as quickly as possible.

Article 8.2. A failure to complain to the delivery agent or to make contact with RAL does not have any consequences for the commercial customer in terms of their statutory rights. However, the commercial customer will be assisting RAL to assert its own claims for damage against the freight forwarding company or the transport insurance company.

 

Article 9 Guarantee Cover, Compensation for Damages

Article 9.1 The statutory regulations are valid in case of material defects to the purchased goods. This means that in the first instance the commercial customer is entitled to claim proper performance of the contract i.e. he/she can choose whether a replacement item is delivered or the defect is rectified. In the event that other statutory requirements exist, the commercial customer is entitled to reduce the purchase price or to withdraw from the contract. The statutory regulations are valid for claims for damages due to material defects to the purchased goods.

Article 9.2 RAL shall be fully liable for any damage caused as a result of any intentional or grossly negligent dereliction of duty by RAL, or a legal representative or vicarious agent of RAL. Furthermore, RAL is liable for any slightly negligent dereliction of fundamental duties, whose infringement endangers the fulfilment of the contract, or for a dereliction of duties whose proper fulfilment makes the execution of the contract at all possible and on whose observance you may normally rely on as a matter of course. In this case, RAL shall only be liable for the foreseeable damage typical for the contract. RAL is not liable for the slightly negligent dereliction of other duties not named in the previous clauses.
The aforementioned limitations of liability shall not apply in the event of loss of life, physical injury and damage to health, as well as for a defect after assumption of a guarantee for the quality of the product and in the event of maliciously concealed defects. Any liability under the Product Liability Act (Produkthaftungsgesetz) shall remain unaffected. Insofar as RAL's liability is excluded or limited, this applies equally to the personal liability of our employees, representatives and vicarious agents.

 

Article 10 Data Protection

RAL collects and saves data about the commercial customer that is required to process the transaction. In the course of processing personal data about the commercial customer, RAL observes the relevant legal requirements. Further details can be found in our Data Protection Policy that is available on our website. Commercial customers can request information about the data saved about themselves at any time.

 

Article 11 Concluding Provisions

Should any provision within these General Terms and Conditions become invalid, the remaining provisions shall remain unaffected. Instead of the invalid provision, the relevant statutory provisions will apply.

 

Article 12 Applicable Laws, Place of Jurisdiction

German law exclusively applies to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). In business transactions with business people or legal entities under public law, the place of jurisdiction for legal disputes concerning these General Terms and Conditions and those individual contracts concluded within their scope of validity shall be the place of business of RAL. RAL is also entitled to sue at the place of business of the commercial customer.

Information on consumer dispute settlement procedures and online dispute resolution

RAL gGmbH participates in the dispute resolution procedures of the following approved consumer arbitration body:

Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e.V. (General Consumer Arbitration Body of the Centre for Arbitration)
Straßburger Straße 8
877694 Kehl
Germany
Telephone: +49 7851 79579 40
Fax: +49 7851 79579 41
Internet: www.verbraucher-schlichter.de
E-mail: mail@erbraucher-schlichter.de

This arbitration body is a “General Consumer Arbitration Body” in accordance with § 4, Paragraph 2, Sentence 2 of the German Consumer Dispute Resolution Law (VSBG)

In addition, the EU Commission provides an Internet platform for the online resolution of disputes (the so-called “ODR platform”). The ODR platform has been set up to help facilitate the out-of-court resolution of disputes relating to contractual obligations that arise from online purchase agreements. The ODR platform is accessible under the following link: http://ec.europa.eu/consumers/odr

(*) = prices excl. VAT