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TERMS AND CONDITIONS

 

 

TERMS OF USE

 

The e-commerce site www.ralfandmerita.com (the 'Site') is the online site selling clothes under the “Ralf+Merita” brand (the 'Product') which belong to Andrea Wistuba Merchandising, whose registered offices are at Bogenstraße 51, 20253 Hamburg, Germany (referred to hereinafter as 'Ralf+Merita’).

Internet users wishing to buy Ralf+Merita products are referred to in these General Terms and Conditions as 'the Customer'.

By ordering any Product offered on the Site, the Customer is presumed to have consulted the General Terms and Conditions and accepted them expressly.

Validating an order form is deemed to be equivalent to an electronic signature which has the same value between the parties as a written signature and serves as evidence that the order is complete and proper and that the amounts due may be claimed in performing that order.

The contract for sale may be concluded in English.

 

ARTICLE 1 – SCOPE OF APPLICATION

 

The present General Terms and Conditions govern the rights and obligations of the parties arising out of the online sales of products offered on the site belonging to Andrea Wistuba Merchandise (Germany). Ralf+Merita provides all its services from Germany, and the contract between the Parties will be deemed to be performed in Germany, dispatching to different countries.

These General Terms and Conditions apply to all Products sold via the Site, and prevail over any and all other terms and conditions on the part of Ralf+Merita or the Customer. They may not be varied without Ralf+Merita’s express prior consent in writing.

 

ARTICLE 2 – CAPACITY IN LAW AND ACCEPTANCE

 

Anyone wishing to buy Products from Ralf+Merita must have capacity to act in law. Should anyone be declared without capacity, they may not buy any Products on Ralf+Merita’s Site and so acquire the capacity of Customers. They must then purchase via their lawful representatives.

The Customer accepts these General Terms and Conditions expressly by clicking on a tick or putting a cross against the words “I agree with the Terms & Conditions”.

The Customer has the ability to download and print these General Terms and Conditions.

 

 

ARTICLE 3 - PRODUCTS

 

Products Ralf+Merita offers are those as they appear on the Site at the time the Customer implements their order subject to those Products being available.

Ralf+Merita agrees to make every effort to deliver all orders.

Ralf+Merita cannot however be held liable for Products not being available or for any losses which might arise as a result. Should one or more Products in an order not be available, Ralf+Merita will inform the Customer via e-mail or in writing that it has cancelled his or her order wholly or in part or split it.

Should Products be found to be unavailable and the Customer is informed of this but they have already paid for their Products, Ralf+Merita will refund the amount paid for the products in question immediately, informing the Customer by e-mail accordingly. How fast the refund is actually made depends on how the Customer chose to pay when making their purchase. If they paid by credit card, the refund will appear on the next following monthly statement for that credit card. Should the Customer find the refund is taking an abnormal length of time, they are advised to contact their bank.

Ralf+Merita will in any case make the refund within 30 days.

All Products offered for sale on the Site are described in good faith and conscientiously and as accurately as is possible; but the photographs on the website are of no contractual value whatsoever. Ralf+Merita cannot accept any liability for any errors which may appear in the descriptions of the Products or photographs, including slight variations in colors and dimensions.

 

 

ARTICLE 4 – PRICES AND INVOICING

 

Prices are those as shown on the Site at the moment the Customer places their order. The prices which apply to the Customer are those stated on the Site aimed at the country where the goods will be delivered. The invoicing address and the delivery address are requesting when placing the order.

Prices stated during the purchasing process are expressed in euros and include VAT. Product and service prices do not include transport costs: these will be charged separately, and the Customer must pay them in addition to the purchase price. Any discount the Customer is allowed will be deducted from the price separately.

Ralf+Merita reserves the right to vary selling prices and transport costs at any time, although the Products purchased and costs will always be invoiced at the prices as stated in the e-mail which confirms the order. These are the prices that applied at the time of purchase, provided the Products were available.

The Customer agrees to Ralf+Merita sending its invoices electronically; but if the Customer would like a hard copy invoice, they can simply request one by sending an e-mail to team@ralfandmerita.com.

Products will remain Ralf+Merita property until such time as the Customer pays for them in full, i.e. until they pay the purchase price and costs in full.

 

 

ARTICLE 5 – PAYMENT METHODS

 

Purchases can only be paid for online by using PayPal. The Customer's PayPal account will be debited once the purchase has been confirmed, and payment will not take effect until such time as  PayPal has given its consent to Ralf+Merita. Should the Customer's bank or PayPal refuse payment, the order will be refused automatically.

The Customer warrants they are authorized to make payments by one of the payment methods as stated above, and that there are sufficient funds in the bank account linked to the credit card to cover all the costs arising out of the transaction, failing which Ralf+Merita may refuse the order.

Ralf+Merita uses PayPal to handle payments online. Ralf+Merita has no access to its Customers' confidential payment details, nor does it keep them.

Ralf+Merita reserves the right to refuse any order from a Customer with whom it is in dispute or who has brought a dispute in the past. Ralf+Merita may also refuse an order should the Customer not have paid for a previous order, wholly or in part or if it can be assumed that the Customer has the intention to resell the Products.

 

 

ARTICLE 6 – ORDERING PRODUCTS

 

Notwithstanding any evidence the Customer may have in writing, it is expressly agreed that data registered in Ralf+Merita’s IT systems, those of its hosting partners or Internet payment partners alone shall constitute evidence of the communications, the content of the orders and the entire transactions which have taken place between the Parties.

The Products for sale by Ralf+Merita are those who are displayed on the Site, taking into account the availabilities on stock. Ralf+Merita will do its utmost to show availability on-line but cannot be held liable in case a requested Product is no longer available. The total amount that must be paid is stated clearly throughout the whole of the billing process. Once the payment process is completed, the order is now final and cannot be changed.

When validating the order, the Customer enters into a purchase agreement. Ralf+Merita can decide whether or not to accept the order.

The Customer will be sent an initial e-mail confirming his order once they have made their purchase in any case.  The order confirmation contains a.o.

a.        The applicable price according to the quantities ordered;

b.        The description of the Products ordered;

c.         The delivery time, for indication only;

The customer will then get a second e-mail when his order is dispatched.

Ralf+Merita reserves the right to refuse orders, namely in the following cases:

-           In the event the stock is running out or if a Product is no longer available;

-           In the event of suspicion of severe abuse of rights or bad faith of the Customer;

-           In the event of force majeure;

-           If it can be assumed that the Customer has the intention to resell the Products.

Ralf+Merita is not obliged to justify why the order is refused. Ralf+Merita cannot be held responsible for the consequences of wrong information by the Customer.

All contractual details of the order will be communicated to the Customer in English language.

 

 

ARTICLE 7 - DELIVERIES

 

When confirming their order, the Customer can choose delivery to a given address (home, work, or other) and this only in the countries where the delivery is allowed by the Site (all member states of the European Union, United States of America, Japan, Australia, New Zealand).

Should the Customer opt for delivery to a given address, Ralf+Merita will do its best to ensure that that order is dispatched to that address within a few days of confirming the order.

Ralf+Merita reserves the right to split orders into one or more deliveries as Products are available. Each delivery will be notified by e-mail. Deliveries can be accompanied by a delivery note which also gives details of the goods delivered.

Should a delivery go missing during the delivery process, and the provisions of this article are complied with, Ralf+Merita will send a new shipment entirely at its expense if the Product is still available or refund the value of the order including transport costs.

The risks of loss and/or damage pass to the Customer on delivery. 

 

 

ARTICLE 8 – RIGHT TO REVOKE AND RETURNS

 

Unless the Site expressly states otherwise, the Customer may notify Ralf+Merita within 30 calendar days of receiving the Product that they wish to exercise their right to revoke without being liable to pay any damages on that account and without having to give any reasons.

The rights of the Customer are not applicable on certain categories of Products. This means that the Customer cannot change his mind or cannot return the Products:

-           Products which are personalized, including custom made Products or Products adapted to the Customer

Should a Customer notify Ralf+Merita that they wish to revoke their contract to buy, they must do so within 14 calendar days of receiving the Product as above. The Customer can exercise his right to revoke by sending an email to team@ralfandmerita.com or using the on-line contact form. The should including the following information: order number, date of order, shipping address & products (including the name, color and size of each item) and their quantity he wants to return. 

The right to revoke in respect of Products delivered only applies provided the Product is also actually returned within 14 calendar days of the Customer notifying Ralf+Merita that they wish to revoke their purchase.

When receiving the notification to return Products, Ralf+Merita will give instructions on how to return the Products.

The return charges are at the Customer’s expense by franking the returning package sufficiently.  

The Product must be sent back as new in its original packaging, in perfect condition and accompanied by the original sales invoice (of which the Customer retains one copy) and a completed return document. Any returns for which the sender cannot be identified will be refused. After the 14 calendar days, Ralf+Merita can no longer accept returns and will return them to the sender.

Purchases will be refunded within 14 calendar days of Ralf+Merita receiving returns in good time, provided all conditions as specified above have been strictly complied with. Under no circumstances can the amount repaid ever exceed what the Customer actually paid.

Refunds will be done using the same payment method as the Customer used for his purchase.    

 

ARTICLE 9 – STATUTORY WARRANTY AND COMPLAINTS PROCEDURE

 

Ralf+Merita warrants that the Products offered for sale do not suffer from any visible or latent defects which render the Product impossible or dangerous to use.

This warranty is without prejudice to the statutory rights the Customer has under their national legislation.

The Customer is guaranteed against any non-compliance which exists when a Product is delivered and which manifests itself within two months of being delivered. This two-months period will be suspended for as long as it takes to repair or replace the product, or should Ralf+Merita and the Customer be involved in negotiations with a view to settling matters amicably.

Customers must contact Customer Service should they wish to invoke this warranty immediately, and must notify Ralf+Merita of the non-compliance via Customer Service in writing in any case within two months of discovering the defect.

They must get in touch by sending an email to team@ralfandmerita.com .

Under no circumstances does the warranty apply to Products which are damaged intentionally or by the Customer's negligence; nor does it apply if the damage is due to sleet, transport or incorrect use.

Customers can contact Customer Service if they have any queries as to the warranty.

Customers can reach Customer Service by email at team@ralfandmerita.com . We will make every effort to answer all your questions within 72 hours. 

Providing this warranty and customer support is important to Ralf+Merita. Therefore, all acts that may negatively affect customer service are forbidden, such as reselling the Products, relabeling the Products or exporting them outside the European Union for commercial purposes. The Products are sold for private purposes only.

The costs incurred by Ralf+Merita for the verification of compliance of prohibition of export for commercial purposes outside of the European Union will be borne by the Customer in case of infringement. Ralf+Merita also reserves the right to suspend or even refuse a sale if there is a prima facie indication that the prohibition is not respected.

 

 

ARTICLE 10 – INTELLECTUAL PROPERTY RIGHTS

 

All elements (referred to hereinafter as the 'Elements'), including texts, the database with all data published on the website, the layout and graphic design of the web pages, the sales catalogue, photos, images, video and music on the Site are protected by copyright, database rights, trademark rights, patent rights and all other forms of intellectual property rights worldwide, and thus remain the exclusive property of Ralf+Merita. They may not therefore be copied, published, imitated or used in any other way in any form whatsoever without Ralf+Merita’s prior consent in writing. Such consent must be obtained in writing. Any infringements of this will be pursued in the courts.

 

ARTICLE 11 – TECHNICAL DEVIATIONS

 

In the execution of the agreement, Ralf+Merita expressly disclaims all responsibility with regard to technical deviations in connection with descriptions and instructions of goods and images with regard to the nature of the substance, the color, the weight, the dimensions, the design or similar characteristics and this insofar as they are acceptable to the buyer. 
The Customer acknowledges that the software for the reproduction never guarantees 100% display of data on the screen and that this may show different display on different screens or different when printing or on a copier.

 

ARTICLE 12 – VIRUS, HACKING AND DATA RETRIEVAL

 

It is forbidden to abuse the Site by deliberately using viruses, trojans, verses, logical bombs, spyware, adware or any other malicious means. It is forbidden to access the Site without permission. It is forbidden to commit one or more denial-of-service attacks on the Site or attacks of deliberate blockade. 
Any violation of this clause is a criminal offense of the Law of 28 November 2000 regarding the fight against computer crime. Ralf+Merita reserves the right to transfer these violations to the competent authorities and to release the identities. In case of such violation, the right to use the Site will immediately be terminated.

 

ARTICLE 13 - LIABILITY

 

Ralf+Merita cannot under any circumstances be held liable for any losses suffered directly or indirectly (loss of use, loss of profits, loss of opportunity etc.) arising out of using the Site or of their being unavailable. It cannot be held liable for any damage to the Customer's systems incurred through visiting the Site including being hacked or computer viruses.

Ralf+Merita cannot be held liable for any errors which may be in photographs or text used in describing products on the Site. 

Ralf+Merita cannot be held liable for not delivering orders because products are out of stock or for reasons beyond its control, including circumstances of force majeure, including disturbances of or suspension of transport, post or communications services, in the event of flood or fire, accidents or damage inherent in using the network.

In any cases where Ralf+Merita is or could be held liable, Ralf+Merita’s liability will be limited to the amount the Customer actually paid for the order concerned.

 

ARTICLE 14 – DISPUTE AND GOVERNING LAW

 

Should any disputes arise between the parties concerning the agreement, the courts of the judicial district of Hamburg will have exclusive jurisdiction to hear the case.

The agreement between the parties is governed by German law.

 

ARTICLE 15 – CONTACT AND SETTLEMENT OF DISPUTES

 

Should they have any queries concerning their purchases, Customers can contact Ralf+Merita by sending an email to team@ralfandmerita.com . Ralf+Merita warrants it will offer Customer answers within five working days.

 

ARTICLE 16 – VARYING GENERAL TERMS AND CONDITIONS OF SALE AND NULLIDY

 

Ralf+Merita may vary the present General Terms and Conditions at any time, including to comply with its statutory obligations. Changes notified via the Website will apply to all subsequent offers and orders.

Ralf+Merita reserves the right to vary the design and content of its website at any time. 

Should any court decision result in any of the article(s) or paragraph(s) of the present General Terms and Conditions being null and void or unenforceable, that will not affect the validity or enforceability of the other articles and paragraphs of the present General Terms and Conditions or the agreement be

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