General Terms and Conditions

General Terms and Conditions for Consumers

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 Right of Revocation

Article 8a Return Delivery Charges When Exercising the Right of Revocation
Article 9 Damage in Transit
Article 10 Statutory Warranty Right
Article 11 Data Protection
Article 12 Concluding Provisions
Article 13 Applicable Laws

 

Article 1 Scope of Validity and Supplier

These General Terms and Conditions are valid for all contracts concluded by the consumer, as defined in Article 13 of the German Civil Code (BGB) (hereinafter referred to as "Consumer"), 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.
Bonn District Court HRB 23155
Tax number: 222/5751/0595
Value Added Tax (VAT) identification number as per Article 27a of the German VAT Act (Umsatzsteuergesetz):
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 not be attributed to his or her commercial or self-employed professional activity.

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

Telephone: +49 228 68895 120
Fax: +49 228 68895 420
E-mail: ral-colours@ral.de

 

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 Consumer 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 Consumer 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 Consumer can save or print out these General Terms and Conditions at any time with the help of the functions on their browser. Consumers 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 Consumer 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 Consumer 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 Consumer immediately and, if relevant, recommend the delivery of a comparable product. If no comparable product is available or the Consumer 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 Consumer 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 Consumer upon delivery.

Article 5.6 Delivery will be made at the latest within 10 working days (Monday to Friday excluding statutory holidays) once the payment order has been placed with the banking institution processing the transfer (in the case of pre-payment) or once the contract has been entered into (in the case of purchase on account).

 

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 Consumer. In the case of deliveries abroad to non-EU countries with a total order value greater than EUR 1000.00, a fee of EUR 42.00 will be charged for the issuing of customs documentation.

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 Consumer'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 Consumer 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 Right of Revocation

Article 8.1 Consumers have a 14-day right of revocation

Instructions Regarding Revocation

Right of Revocation

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

The revocation period is fourteen days from the day on which you or a third party appointed by you who is not the delivery agent took possession of the goods. In the case of a contract concerning several goods that you ordered through a single order and that are delivered separately, the revocation period starts on the day on which you or a third party appointed by you who is not the delivery agent took possession of the final goods. In the case of a contract for the delivery of goods consisting of several parts, the revocation period starts on the day on which you or a third party appointed by you who is not the delivery agent took possession of the final partial delivery or final part.

In order to exercise your right of revocation you must inform us by sending us at

RAL gemeinnützige GmbH
Fränkische Straße 7
53229 Bonn

Germany

Telephone: +49 228 68895 120
Fax: +49 228 68895 420

E-mail: ral-colours@ral.de

a clear explanation (for instance through a letter sent by post, fax or email) of your decision to revoke this contract. You may use the revocation form available through the link, this is however not mandatory.

The revocation period is complied with providing you send the revocation notice before the revocation period has expired.


Consequences of Revocation

If you revoke this contract we have to refund you all payments that we have received from you, including the delivery costs (excluding the additional costs resulting from you selecting 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 receive the notification of your revocation of this contract. For this refund we use the same payment type that you used for the original transaction, unless expressly agreed otherwise with you; in no case will we charge you a fee for this reimbursement.

We can refuse the reimbursement until the returned goods have been received by us or until you have provided us with evidence showing that you have returned the goods, whichever is earlier.

You must return the goods or hand them over to us without delay and in any case within fourteen days from the day on which you have informed us of the revocation of this contract. The period has been complied with if you post the goods before the period of fourteen days has expired.

We bear the costs for the return of the goods. If the goods supplied by us cannot be returned by normal post due to their characteristics, we will collect the goods at our cost.

You are only liable for any deterioration of value of the goods if this deterioration is due to handling the goods in a manner not necessary for establishing their quality, characteristics and functionality.

If you revoke this contract we have to refund you all payments that we have received from you, including the delivery costs (excluding the additional costs resulting from you selecting 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 receive the notification of your revocation of this contract. For this refund we use the same payment type that you used for the original transaction, unless expressly agreed otherwise with you; in no case will we charge you a fee for this reimbursement.

We can refuse the reimbursement until the returned goods have been received by us or until you have provided us with evidence showing that you have returned the goods, whichever is earlier.

You must return the goods or hand them over to us without delay and in any case within fourteen days from the day on which you have informed us of the revocation of this contract. The period has been complied with if you post the goods before the period of fourteen days has expired.

We bear the costs for the return of the goods. If the goods supplied by us cannot be returned by normal post due to their characteristics, we will collect the goods at our cost.

You are only liable for any deterioration of value of the goods if this deterioration is due to handling the goods in a manner not necessary for establishing their quality, characteristics and functionality.

In case of contracts about digital contents, which are not supplied on a physical data medium (e.g.  download of software or activation of a full version via a license code ) the right of revocation expires prematurely if the contract is completely fulfilled by both parties on their own expressed will, before they used any right of revocation.

 

Article 8.2 The right of revocation shall not apply for the delivery of goods manufactured according to customer specifications or those which were clearly customized according to the Consumer’s personal requirements, nor does it apply to the return of audio or video recordings or software if the original seal on the data medium has been broken.

Article 8.3 The Consumer is obligated to avoid any damage or soiling of the goods. Please return the goods as far as possible in their original packaging with all accessories and all packaging components. If required, protective packaging is to be used. If the original packaging is no longer available, suitable packaging that provides sufficient protection against transportation damage must be used in order to avoid any claims for damages resulting from defective packaging.

Article 8.4 The Consumer is requested to return the goods to RAL as a postage paid package and to retain the proof of postage. RAL will refund the postage costs to the Consumer.

Article 8.5 The Consumer is requested to notify RAL about the return shipment before sending the package on the following telephone number +49 228 68895 120. This will enable RAL to allocate the products to the relevant Consumer as quickly as possible.

Article 8.6 The modalities stated in Articles 8.3 to 8.5 are not preconditions for the effective execution of the right of revocation.

 

Article 8a Return Delivery Charges When Exercising the Right of Revocation

If you exercise your legal right of revocation (see Instructions Regarding Revocation), RAL bears the regular costs of the return shipment.

 

Article 9 Damage in Transit

Article 9.1 If goods with obvious transportation damage are delivered, the Consumer shall immediately make a complaint to the delivery agent at the time of the delivery and notify RAL as quickly as possible.

Article 9.2 A failure to complain to the delivery agent or to make contact with RAL does not have any consequences for the Consumer in terms of their statutory rights. However, the Consumer will be assisting RAL to assert its own claims for damage against the freight forwarding company or the transport insurance company.



Article 10 Statutory Warranty Right

The statutory regulations relating to the statutory warranty right are valid in case of material defects to the purchased goods. This means that in the first instance the Consumer 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 Consumer 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 11 Data Protection

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


Article 12 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 13 Applicable Laws

German law exclusively applies to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).

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