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, Schloss Hartberg, Herrengasse 1, 8230 Hartberg, 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) Personal data is only collected if the customer voluntarily provides it as part of the ordering or registration process. By filling in and submitting a web form for ordering purposes, the customer transfers personal data to RINGANA.
(2) RINGANA uses the data provided by the customer (title, name, address, e-mail address, telephone number, fax number, bank details) in accordance with the provisions of the applicable law on data protection. To this extent, RINGANA shall collect, store and process exclusively data that has been provided by the customer as part of the details entered on the form and in particular shall not create any user behaviour profiles.
(3) For the purpose of fulfilling the contract, namely making the delivery, the customer's personal data shall be passed on to the shipping agent to the extent that this is necessary for the delivery of the goods. The shipping agent is likewise obliged to use the customer's personal data exclusively in accordance with the provisions of the applicable law on data protection.
(4) In accordance with the applicable law on data protection, the customer shall have the right to receive information free of charge about his or her stored data as well as the right, if applicable, to have this data corrected, blocked or deleted. Corresponding requests for information may be addressed to the e-mail address firstname.lastname@example.org. In the event that the personal data that is stored about the customer is incorrect, it shall be corrected immediately once this is indicated by the customer in the corresponding way.
(5) Beyond the aforementioned privacy statement, none of the customer's personal data that is conveyed to RINGANA shall be made accessible to third parties without his or her separate written consent unless this has to take place as a result of a legal or administrative order.
(6) This privacy statement may be viewed and downloaded at any time on the RINGANA website.
§ 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, see Section 4 (3).
(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.
In addition to the abovementioned costs, all costs which are incurred by the debt collection agency and billed to us, the maximum level of which is governed by the regulation governing the maximum rates for debt collecting agencies (Federal Law Gazette No. 141/96), shall also be paid by the customer who is culpably in default on payment, provided that these costs are reasonable and necessary for the appropriate assertion of legal rights.
The payments shall first be credited against interest and costs. It is hereby explicitly pointed out to the customer that, in the event of default on payment, RINGANA GmbH (Ringana Kosmetik) shall hand over the name (including former names), the gender, the address, the occupation, the outstanding balance and the reminder details pursuant to Section 8 (3) of the Data Protection Act 2000 to the trade credit database and to debt collection agencies that are authorised to recover debts.
§ 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 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,
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. 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) - Date
(*) 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 email@example.com.
§ 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.
Delivery and Shipping Costs / Packaging
(1) Shipping costs in Austria, Germany and Switzerland
For orders with a value of under € 70*, € 5.40 will be charged for postage. Orders with a value of €70* and over will be delivered free of charge. Express mail service: the RINGANA Fresh Service is available within Austria on request. Surcharge of € 4.70*. Delivery time approximately 24 hours.
(2) Shipping costs to other countries
The shipping costs incurred are (up to 2 kg): Within the EU: For orders for less than € 60*, shipping costs of € 10* are billed; for orders for more than € 60*, shipping costs of € 5* are billed; orders for more than € 120* are shipped free of charge. Exceptions are Malta, Cyprus, and Spanish, Portuguese, French and Greek islands (shipping costs available upon request). Orders to other countries are available on request.
All packaging materials can be disposed of in public collection containers - unless the RINGANA recycling campaign is used. Corn starch is used as a filling material and can be disposed of as organic waste. *All prices include the currently applicable value-added tax. This is: for Austria: for cosmetics: 20% for nutritional supplements: 10% for shipping: 20% for Germany: for cosmetics: 19% for nutritional supplements: 7% for shipping: 19% for Switzerland: 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 third (non-EU) countries: for cosmetics: 0% for nutritional supplements: 0% for shipping: 0%
TERMS OF PURCHASE OF RINGANA GmbH - T&Cs FOR SUPPLIERS
All of our purchases and orders are governed solely by the following terms of purchase. We explicitly contradict any conflicting terms or restrictions. Any alterations or variations to our terms shall only be legally binding in an individual case if we explicitly agree to these alterations or variations in writing. The acceptance and/or execution of our order is deemed to be a recognition of these terms of purchase.
2. Quotations / Order
In the quotation, the vendor/supplier must adhere strictly to our request; any variations and/or additions must be indicated explicitly in writing. Quotations are always free of charge and non-binding upon us. Only orders placed in writing are legally binding upon us. Orders made verbally/by telephone must subsequently be confirmed in writing as otherwise they shall be ineffective. Unless a different validity is stated separately in the quotation, the vendor/supplier shall be bound by its quotation for 14 days from the date the quotation is received.
The prices listed in our orders are, unless something to the contrary has been explicitly agreed in writing, fixed prices and include duty-free packaging, transport costs/charges free domicile. If not specified separately, the rate of VAT that applies at the time of delivery shall be added to the prices. If the prices are set out in a foreign currency and if after the order has been placed the agreed unit of currency appreciates in value by more than 3%, we shall be entitled either to cancel the order or to reduce it to a different quantity. Objections to our order must be made in writing within 5 working days; if no objection is made, this shall be deemed to be a recognition and confirmation of the order.
4. Invoice / Payment
Payment must be made within the deadlines specified on the order. If no deadline is specified, invoices shall be due for payment within 30 days of receipt of the invoice, but not before receipt of the goods, delivery of the service and acceptance. We shall be entitled to offset claims that we have against the vendor/supplier. The vendor/supplier shall not be entitled without our consent to assign debts that it accrues with us to third parties or to offset claims with its own debts. If any defects exist, we shall be entitled to withhold our payment entirely until any defects have been corrected. Invoices which do not meet our stipulations, in particular do not contain a reference to the order or to the service provided (i.e. lack of our order number, our item number, service period, service note etc.) and therefore cannot be assigned to the order, shall not be due and shall be returned unprocessed. In this case, the invoices shall be deemed not to have been issued until the correctly issued invoices are received.
5. Delivery Period / Quantity
The agreed delivery periods are deemed to be legally binding and must be fully adhered to by the vendor/supplier. The delivery period shall commence on the date on which the vendor/supplier receives the order and is considered to be met when the ordered item/service arrives and is handed over in full and undamaged by the date and at the place specified in the order. We shall only accept earlier deliveries or partial deliveries following prior approval in writing. If the agreed delivery date is missed, we shall be entitled at our choice either to set a period of grace and to insist on completion of the order, or to withdraw from the contract without setting a period of grace. In the case of withdrawal, we shall be entitled to make a covering purchase with the alternative supplier that has the goods available soonest. If this substitute product is of a higher quality than agreed or if an alternative product has to be purchased due to urgency, the vendor/supplier must pay all the resulting additional costs, including follow-up costs. The vendor/supplier shall be obliged to pay a strict penalty of 3% of the value of goods for each day of the delay, but no more than 10%. The penalty shall be offset against the claim for delivery. Notwithstanding this, we shall be entitled to claim costs for the entire proven damage that exceeds this. The vendor/supplier shall be liable to us for any damage and disadvantage resulting from the failure to meet delivery periods, conditions, shortfalls or variant qualities, even if this is through no fault of its own. The measurements/values which we record always determine the quantity to be delivered. If an additional quantity is delivered, we explicitly reserve the right to return the goods at the vendor's/supplier's expense. If the vendor/supplier is prevented from meeting the agreed delivery periods due to an unexpected event such as an interruption to operations, it shall be obliged to inform us about these impediments and their expected duration. It shall be up to us to decide whether to maintain the contract or to withdraw from the contract at no cost to us. Confirmations of the receipt of goods or invoices that have already been paid do not constitute a definitive recognition of a proper delivery.
6. Properties of the Goods/Service
The vendor/supplier guarantees that the goods/services supplied correspond to the applicable legal provisions, regulations, guidelines, in particular the ordinance on the protection of employees (accident prevention regulations, etc.), the CE regulations, the relevant norms as well as the recognised rules of science and engineering. In addition, where services are provided at our plants, the vendor/supplier shall be obliged to adhere to the safety regulations applicable at the respective location. The vendor/supplier shall further be obliged to enclose with each delivery analysis certificates relevant to the delivery in full, correct and in accordance with the relevant regulations. This only applies if the delivery of the analysis certificates was not requested by us in advance by electronic means (e-mail, fax). The vendor/supplier shall fully indemnify us and hold us harmless against all damages and disadvantages resulting from a failure to comply with the stated regulations or provisions above. This also applies to consequential damages, indirect damages and lost profit. The supplier does not conduct testing on animals, either at present or have any plans to do so in the future, and nor does it commission or pay for such testing. This applies to the products which are supplied to us, including recipes and ingredients.
7. Guarantee / Warranty / Liability
The goods/service are only considered to be handed over/accepted following handover/acceptance in writing at the place of performance/place of use. Any handover/acceptance takes place subject to the reservation of a proper delivery/service provision. The goods/service shall be examined by us within an appropriate deadline. When it comes to providing notification of defects, we shall not be bound to any deadlines and we shall waive the objection of a delayed defect notification. Deliveries that do not comply with the properties stipulated by us or the properties usually presumed may be rejected by us entirely, even if the defect only relates to part of the delivery. The same also applies if only part of the goods does not comply with the corresponding regulations. The properties confirmed by the vendor/supplier are considered to be explicitly promised. If defects/errors occur within the guarantee period, the vendor/supplier shall be obliged at our choice to exchange or improve the defective goods free of charge or to reduce the price. If substantial defects exist, we shall be entitled to withdraw from the contract. In addition, the vendor/supplier shall be liable to us for any disadvantage and damage resulting from the defective delivery/service, in particular for consequential damages (due to defects) and lost profit. Claims for compensation are not limited to a certain amount. Foreclosures or limitations of liability for defective products or for consequential damages held against us shall be ineffective.
8. Reservation of Title
All deliveries to us are made free of reservations of title. The acceptance of our order by the vendor/supplier is considered to be an assurance that the delivered goods or the parts contained in them are its free, unencumbered property.
9. Packaging / Shipping / Documents
The vendor/supplier shall ensure appropriate, professional packaging and storage for shipment in accordance with the relevant provisions. By accepting the order, the vendor/supplier shall also be responsible when it comes to transportation for full compliance with any transport regulations and shall be liable for any legal consequences resulting from the failure to comply with these regulations. The vendor/supplier is further obliged either to calculate charges for or take back the packaging material arising from the delivery. At the start of the business relationship, then at the beginning of each calendar year or on first delivery, the vendor/supplier must, without being prompted to do so, provide us with the legally binding declaration to participate in the collection and recycling system, specifying the licence number, or this legally binding declaration along with the licence number must be stated on the invoices. In the absence of such a legally binding declaration, we shall be entitled to return an appropriate quantity of packaging material of the same quality based on the delivery notes either to the supplier at its expense or to hand over this quantity to an authorised waste disposal/recycling company at the supplier's expense. All deliveries are to be sent to the address stated in the order. A complete dispatch note must be provided to us for each individual consignment. If the shipping documents are not provided, the consignment shall be stored at the vendor's/supplier's expense and risk until the documents are received. The dispatch note must contain the order number (including the name of the shipping company). If these shipping terms are not complied with, the vendor/supplier shall be liable to us for any damage, disadvantage and costs such as additional freight, track storage charge, etc. If transportation is commissioned at our expense, the means of transportation prescribed by us must be used and the stated haulier/carrier must be instructed. The vendor/supplier must ensure adequate insurance of the delivery at its expense.
10. Property Rights
The vendor/supplier declares that industrial property rights of third parties shall not be infringed by any deliveries or services provided on the basis of this order. If a claim is made against us as a result of an infringement of industrial property rights related to the current order, the vendor/supplier shall indemnify us and hold us harmless.
11. Manufacturing Documents
Samples, models, drawings, plans, plates and other remedies which we provide shall remain our physical intellectual property and must be returned to us following execution of the order. The return of these remedies of execution forms part of the fulfilment of the order that has been accepted.
The parties to the contract promise to regard all non-obvious commercial and technical matters that they become aware of through the business relationship as business secrets and to impose the non-disclosure obligation on their employees as well. This obligation is unlimited in time and extends beyond the end of the business relationship.
13. Place of Performance / Jurisdiction / Applicable Law / Miscellaneous
The place of performance for all deliveries and services shall, at our choice, be either the specified place of receipt or the registered office of our company. It is agreed that the exclusive place of jurisdiction shall be the competent court in the district of Graz Regional Court. However, we shall be entitled to assert our claims in the vendor's/supplier's general jurisdiction. The order, these terms of purchase and all claims resulting from them between us and the vendor/supplier shall be governed by Austrian substantive law to the explicit exclusion of the UN Convention on Contracts for the International Sale of Goods. If one or more clauses in these terms of purchase should be wholly or partly invalid, this shall not affect the effectiveness of the remaining provisions. The ineffective provision shall be replaced with an effective provision which comes closest to reflecting the commercial purpose of the ineffective provision.
14. Applicable Languages
If there are differences relating to the interpretation of a contract concluded between us and the customer in two or more languages, only the German version is legally binding. This also applies to the German version of these terms of purchase.
We deliver throughout Europe, currently in 40 countries. For delivery terms and shipping costs, please provide us with the location.
My shipment will go to
from € 70,00: € 0,00
cash on delivery
from € 70,00: € 4,50
from € 70,00: € 4,70
mail-order, cash on delivery, express delivery
Methods of payment
cash on delivery, Visa, Mastercard, EPS, PayPal, Sofortüberweisung, purchase on account
Euro (€ / EUR)
For customers from Austria BKS Bank BIC: BFKKAT2K IBAN: AT681700000185010082
For customers from Germany Oberbank Bayern AG München BIC: OBKLDEMX IBAN: DE21701207001001199650
For customers from Switzerland Bank für Tirol und Vorarlberg Aktiengesellschaft, Innsbruck, Zweigniederlassung Staad IBAN: CH54 0852 5000 SA31 507A A BIC/SWIFT: BTVACH22XXX BC-Nr.: 8525 ESR-Nr.: 01-62471-9
For customers from Italy Cassa di Risparmio BIC: CRBZIT2B050 IBAN: IT29Q0604558220000005004370
For customers from other countries BKS Bank BIC: BFKKAT2K IBAN: AT681700000185010082
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RINGANA is thankful to have the privilege of carrying the Styrian emblem. The Styrian emblem is a symbol of the link between tradition and innovation. For decades role models of the Styrian economy have been given this special award by the federal county of Styria to honour their outstanding achievements for the business location of Styria.
"It's a symbol of the ties of our company with the country we live and work in. For us it's also a symbol of consistency and sustainability - values our company is based on as well." Manager and owner Andreas Wilfinger
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