Terms of service
GENERAL TERMS AND CONDITIONS
General Terms and Conditions with Customer Information
- Scope
- Offers and descriptions of services
- Ordering process and conclusion of contract
- Prices and shipping costs
- Delivery and availability of goods
- Payment terms
- Retention of title
- Statutory warranty and guarantees
- Liability
- Force majeure
- Processing and use of our customers’ personal information
- Consent to receive advertising material
- Protection of plans and documents/confidentiality
- Final provisions
1. Scope
1.1. The business relationship between RING KING KG, owner: Max Grün-Kraft, Kleeblattgasse 9, 1010 Vienna (hereinafter the “Seller”) and the customer (hereinafter the “Customer”) is governed exclusively by the following General Terms and Conditions in the version valid at the time of the order. The language of the contract is German. Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods.
1.2. You can contact our customer service with questions, complaints and objections on working days from 9:00 am to 6:00 pm by telephone at +43 699 173 41144 or by email at max@ring-king.com.
1.3. A consumer within the meaning of these Terms and Conditions is any natural person who enters into a legal transaction for a purpose that is predominantly outside their trade, business or self-employed professional activity (Section 13 of the German Civil Code, BGB).
1.4. Deviating terms of the Customer are not recognised. The following terms also apply exclusively if we carry out delivery and performance without reservation despite being aware of the purchaser’s terms that conflict with or deviate from the following terms.
2. Offers and descriptions of services
2.1. The presentation of products in the online shop does not constitute a legally binding offer, but an invitation to place an order. Descriptions of services on the Seller’s website do not constitute an assurance or guarantee.
All offers apply “while stocks last” unless otherwise stated for the products. Errors are otherwise reserved.
3. Ordering process and conclusion of contract
3.1. The Customer may select products from the Seller’s range without obligation and add them to a shopping cart using the “Add to cart” button. The product selection can be changed within the cart, for example by removing items. The Customer can then proceed to complete the ordering process from the cart using the “Proceed to checkout” button.
3.2. Your order constitutes an offer to the Seller to conclude a purchase contract. When you place an order at www.ring-king.com, we send you an email confirming receipt of your order (order confirmation). This order confirmation does not constitute acceptance of your offer; it merely informs you that we have received your order. A purchase contract is concluded only when we dispatch the ordered product to you and confirm dispatch in a second email (dispatch confirmation). No purchase contract is concluded for products from the same order that are not listed in the dispatch confirmation.
4. Prices and shipping costs
4.1. All prices stated on the Seller’s website include the applicable statutory VAT.
4.2. In addition to the stated prices, the Seller charges shipping costs for delivery. Shipping costs are listed separately and must be borne by the purchaser. The risk of transport passes to the purchaser as soon as the goods are delivered to them or to a third party designated by them other than the carrier. If the purchaser has concluded the contract of carriage themselves without using a shipping option offered to them, the risk passes upon delivery of the goods to the carrier or the purchaser.
5. Delivery, availability of goods and default in acceptance
5.1. Delivery takes place after receipt of the invoiced amount. Unless otherwise agreed, delivery is made from the Seller’s warehouse to the delivery address specified by the purchaser. Information on the availability of individual products can be found on the website. Please note that all information regarding availability, dispatch or delivery of a product consists solely of estimates and approximate guidelines. It does not constitute binding or guaranteed dispatch or delivery dates. If the Seller discovers while processing your order that products you ordered are unavailable, you will be informed separately by email. If the Seller is unable to deliver the ordered goods through no fault of their own, the Seller is entitled to withdraw from the contract with the purchaser. In this case, the purchaser will be informed immediately that the ordered product is unavailable. The purchaser’s statutory rights remain unaffected. If delivery to the purchaser is not possible because they cannot be reached at the delivery address they provided, the purchaser bears the costs of the unsuccessful delivery attempt.
5.2. If the Customer has not accepted the goods within three weeks of notification that they are completed or ready for collection (for example, items accepted for repair, individually manufactured items or goods that have to be ordered), or as otherwise agreed (default in acceptance), the Seller (RINGKING KG) is entitled, after an additional deadline has expired without result, to store the goods either on its own premises or with an authorised business at the Customer’s expense and risk. At the same time, the Seller is entitled either to insist on performance of the contract or, after setting a reasonable additional deadline of at least three weeks, to withdraw from the contract and dispose of the goods elsewhere.
5.3. The purchaser must in any event accept minor delays beyond delivery deadlines without being entitled to damages or a right of withdrawal on that basis.
6. Payment terms
6.1. The Customer may choose from the available payment methods during and before completion of the ordering process. Payment must be made in the currency shown on the invoice. If you wish to pay by credit card, you must provide the required details on the order form. The Seller (RINGKING) will not begin manufacturing or dispatching the ordered products until your credit card company has authorised use of your credit card to pay for the ordered products.
6.2. If third parties, such as PayPal, are commissioned to process payments, their General Terms and Conditions apply.
6.3. The Customer’s obligation to pay default interest does not exclude the Seller from claiming further damages caused by the delay.
7. Retention of title
The delivered goods remain the property of the Seller until payment has been made in full.
8. Statutory warranty and guarantees
8.1. The warranty is governed by statutory provisions.
8.2. If the purchased item is defective, the statutory provisions apply. Assignment of these claims by the purchaser is excluded. If subsequent performance is provided by replacement delivery, the purchaser is obliged to return the goods originally delivered within 10 days.
8.3. Defective goods must be returned in accordance with statutory provisions. The Seller reserves the right to claim damages where the statutory conditions are met. The limitation period is two years from delivery.
9. Liability
9.1. The following exclusions and limitations apply to the Seller’s liability for damages, without prejudice to other statutory conditions for claims.
9.2. The Seller is liable without limitation where the cause of damage is based on intent or gross negligence.
9.3. The Seller is also liable for slightly negligent breaches of essential obligations whose breach jeopardises achievement of the purpose of the contract, or of obligations whose fulfilment makes proper performance of the contract possible in the first place and on whose observance the Customer regularly relies. In such cases, however, the Seller is liable only for foreseeable damage typical of the contract. The Seller is not liable for slightly negligent breaches of obligations other than those specified in the preceding sentences.
9.4. The above limitations of liability do not apply to injury to life, body or health, to a defect after a guarantee concerning the quality of the product has been assumed, or to fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
9.5. Where the Seller’s liability is excluded or limited, this also applies to the personal liability of employees, representatives and persons engaged to perform its obligations.
10. Force majeure
10.1. If the Seller is prevented from fulfilling its obligations under a contract by force majeure or other circumstances beyond our control, we accept no liability. If force majeure or other circumstances beyond our control cause a delay, we will fulfil our obligations as soon as reasonably possible under those circumstances.
11. Processing and use of our customers’ personal information
11.1. The business complies with the provisions of the Data Protection Act (DSG), the General Data Protection Regulation (GDPR), and any other statutory confidentiality obligations.
11.2. We store, process and use the personal data you provide on the order form to fulfil the order. We pass some of this data to the transport companies commissioned by us to process the order. On written request, we will provide you, for a fee, with a list of the data stored about you. We will correct incorrectly stored data at your written request. Where you have consented to use of your personal data that is not already permitted by law, you may withdraw this consent at any time.
11.3. The Customer is obliged to inform RINGKING KG immediately of changes to their address or contact details, particularly their email address, for as long as the legal transaction covered by the contract has not been fully performed by both parties. If this notification is omitted, declarations are deemed received even if they are sent to the last address provided.
12. Consent to receive advertising material
12.1. The Customer consents to receiving messages from RINGKING or companies commissioned for this purpose (by email, SMS or other electronic means) for advertising purposes within the meaning of Section 107 of the Telecommunications Act (TGK). The Customer may withdraw this consent at any time by emailing max@ring-king.com.
13. Protection of plans and documents/confidentiality
13.1. Sketches, plans, quotations and other documents such as samples, image material, illustrations, brochures, catalogues, presentations and similar materials remain our intellectual property. Any use, particularly disclosure, reproduction, publication and making available, including copying even in part, requires our express consent.
14. Final provisions
14.1. The place of jurisdiction and performance is the Seller’s registered office if the Customer is a merchant, a legal entity under public law or a special fund under public law. The contracting parties agree to Austrian domestic jurisdiction. If the transaction is not a consumer transaction, the court with subject-matter jurisdiction at the company’s registered office has exclusive territorial jurisdiction over all disputes arising from this contract.
14.2. This contract is governed by substantive Austrian law, excluding the conflict-of-law rules of private international law and the UN Convention on Contracts for the International Sale of Goods. In relation to a consumer, this choice of law applies only to the extent that it does not restrict mandatory statutory provisions of the country in which the consumer has their habitual residence.
14.3. The language of the contract is German.
14.4. European Commission online dispute resolution (ODR) platform for consumers: http://ec.europa.eu/consumers/odr/. We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.