§ 1 Area of application
(1) The following business conditions are part of any contract between RINGANA Kosmetik GmbH, Schloss Hartberg, Herrengasse 1, 8230 Hartberg, Austria, represented by its Managing Director Mr. Andreas Wilfinger, business domicile the same (hereafter: RINGANA) and the customer.
(2) RINGANA provides its services exclusively on the basis of these conditions.
§ 2 Conclusion of the Contract
(1) Presentation of the goods, especially on the Internet, does not constitute a binding offer by RINGANA.
(2) A contract exists only upon written confirmation of the order, or by shipment of the goods by RINGANA.
§ 3 Privacy Notice
(1) RINGANA uses the information provided by customers (salutation, name, address, e-mail address, phone number, fax number, bank connections) in accordance with the provisions of German and Austrian privacy laws.
(2) Upon cancellation, and/or, in case of a single order, completion of the contract, which also includes complete payment of the agreed-upon fees, the customer’s data, which must be stored for legal reasons, are deleted. These data are no longer available for any purpose. Those data are also deleted, if the customer has not expressly consented to further processing and utilization of his data. In case of consent, the customer can call up, modify, or delete the stored data at RINGANA, or revoke his consent at any time.
(3) If the customer wants more information or to have his data deleted, support is available via the e-mail address email@example.com.
§ 4 Delivery Condition
(1) Shipment occurs, if not otherwise agreed upon in writing, from stock. (2) If RINGANA incurs additional shipping costs due to provision of a false delivery address or recipient, then these costs will be paid by the customer, unless he is not responsible for the incorrect information.
§ 5 Payment conditions
(1) The purchase price is due immediately upon concluding the contract. The customer is to pay all amounts no later than 14 days after receiving the invoice, without discount. Alternatively, payment can be made by credit card or COD at the conclusion of the contract.
(2) All prices are to be considered as including legal VAT.
(3) All shipping costs, especially packaging, transport costs, transport insurance, and deliveries are paid by the customer, unless otherwise agreed in writing. All prices and additional costs are calculated according to the price lists available from RINGANA at the time of preparation and shipment.
(4) In case of late payment, the customer agrees to pay RINGANA penalty interest in the amount of 5 percentage points above the base lending rate, if he is a consumer (§ 13 BGB – Civil Code). If the customer is a company (§ 14 BGB – Civil Code), § 5 Para. 5 p. 1 applies, with the requirement that the penalty interest rate is 8 percentage points over the base lending rate.
(5) Regardless of § 5 Para. 4, RINGANA retains the right to demonstrate greater penalty damages as well as other damages.
(6) The customer is entitled to an offset only if the counterclaims are undisputed or legally enforced.
(7) Orders by first-time customers in the amount of more than EUR 200 can only be paid with an advance payment or cash on delivery.
§ 6 Retention of Title
The goods remain the property of RINGANA until payment is complete.
§ 7 Warranty
(1) With regard to warranty, the legal provisions apply, unless otherwise agreed to in § 7 Para. 2 to 3 .
(2) The expiration period for claims due to defects is 24 months, and begins when the transfer of the purchased items. If the customer is a company (§14 BGB – Civil Code), then the expiration period is 12 months after transfer of title.
(3) The legal requirements and obligation to investigate and pay penalties apply to merchants under the commercial trade laws.
§ 8 Power of Revocation
Right to cancellation
You can cancel your contractual declaration within 14 days without giving any reasons in text form (e.g. letter, fax, e-mail) or - if you have received the goods before the deadline expires - by returning the goods. The time period begins after receipt of this notice in text form, but not before the receipt of the goods by the consignee (in case of recurring deliveries of similar goods, not before receipt of the first partial delivery), nor before the fulfillment of our information obligations under article 246 § 2 in conjunction with § 1 par. 1 and 2 EGBGB [Introductory Act to the German Civil Code] as well as our duties according to § 312g par. 1 sentence 1 BGB [German Civil Code] in conjunction with article 246 § 3 EGBG. The timely sending of the revocation or the goods is sufficient to meet the revocation period.
The revocation is to be directed to:
RINGANA Kosmetik GmbH
Fax: +43 (0)3332 / 61550-15
Consequences of the declaration
In the event of an effective cancellation, the services received by either party shall be returned and any benefits that may have been accrued (e.g. interest) shall be released. If you are unable to return the received service or benefits (e.g. usage advantages) in whole or only partially or only in a deteriorated condition, you have to pay us a compensation for the lost value. For the deterioration and derived benefits of the goods, you only have to pay a compensation if the benefits or deterioration are due to handling the goods in a way that exceeds the verification of the properties and functionality. The "verification of the properties and functionality" refers to testing and trying out the respective merchandise as is possible and customary in a store. Items that can be packaged and sent are to be returned at our risk. You have to bear the regular costs of returning the goods if the ordered merchandise corresponds to the order and if the price of the item to be returned does not exceed 40 Euros, or if the price of the goods is higher and you have not yet provided a return service or a contractually agreed partial payment. Otherwise the return is free of charge for you. Items that can't be packaged and sent will be picked up from you. Obligations to reimburse payments must be fulfilled within 30 days. For you the time period begins with the sending of the declaration of cancellation or the goods, for us it begins with their receipt.
End of the cancellation policy
§ 9 Agreement of cost coverage
In the event that you exercise your right to cancellation, you have to bear the regular costs of returning the goods if the ordered merchandise corresponds to the order and if the price of the item to be returned does not exceed 40 Euros, or if the price of the goods is higher and you have not yet provided a return service or a contractually agreed partial payment. Otherwise the return is free of charge for you.
§ 10 Limitation of Liability
(1) With the exception of injury to life, body, and health, and breach of significant contractual obligations (cardinal obligations), RINGANA is liable only for damages that are due to intentional or grossly negligent actions. This also applies to indirect consequential damages, such as especially foregone profits.
(2) With the exception of intentional or grossly negligent actions, or damages of injury to life, body, and health, and breach of significant contractual obligations (cardinal obligations), liability is limited to damages that could be foreseen in a typical manner at the conclusion of the contract, and is limited in amount to contractually typical, average damages. This also applies to indirect consequential damages, such as especially foregone profits.
(3) The limitations of liability in Paragraphs 1 and 2 apply similarly to the benefit of employees and agents of RINGANA.
(4) Claims of liability on the basis of product liability law remain unaffected.
§ 11 Final Clauses
(1) To the extent that the purchaser issues the order from the Federal Republic of Germany, the law of the Federal Republic of Germany will apply, to the exclusion of UN purchasing law. To the extent that the purchaser issues the order from the Federal Republic of Austria, the law of the Federal Republic of Austria will apply, to the exclusion of UN purchasing law. Mandatory regulations of the country in which the customer has his normal residence remain unaffected.
(2) The place of fulfillment, if the customer is a merchant, is the registered office of RINGANA.
(3) If the customer is a merchant, a legal person under public law or a special fund under public law, or does not have a general domestic jurisdiction, or relocates his residence to a foreign country after conclusion of the contract, or his residence is unknown at the time the complaint is made, then the jurisdiction is the registered office of RINGANA.
(4) If individual provisions of these terms and conditions are invalid or in violation of legal regulations, then the remainder of the contract remains unaffected. The invalid provision will be replaced amicably by the contractual parties by a legally valid provision that is closest to the economic sense and purpose of the invalid provision. The preceding regulation applies especially to gaps in regulation.
Shipping and Handling Costs / Packaging
(1) Shipping costs in Austria, Germany, and Switzerland
For orders less than € 70*, shipping charges of € 4,50* must be billed. Orders over € 70* are shipped at no cost.
(2) Shipping costs to other countries
The shipping costs incurred are (up to 2 kg):
Within the EU: For orders less than € 60*, shipping costs of € 10* are billed; for orders over € 60*, shipping costs of € 5* are billed; orders over € 120* ship free of charge.
Exceptions are Malta, Cyprus, and Spanish, Portuguese, French, and Greek islands (shipping costs available upon request).
Orders to other countries please contact us.
All packaging materials can be disposed of in public collection containers, if the RINGANA recycling campaign is not used. Cornstarch is used as a filling material, and can be disposed of as compost or animal feed.
*All prices include the currently applicable value-added tax. This is:
For cosmetics: 20 %
For nutritional supplements: 10 %
For shipping: 20 %
For cosmetics: 19 %
For nutritional supplements: 7 %
For shipping: 19 %
For cosmetics: 8%
For nutritional supplements: 2,5 %
For shipping: 8 %
For EU countries:
For cosmetics: 20 %
For nutritional supplements: 10 %
For shipping: 20 %
For other (non-EU) countries:
For cosmetics: 0 %
For nutritional supplements: 0 %
For shipping: 0 %