Terms and conditions
General Terms and Conditions
(updated : 09.10.2019)
ITG GmbH Internationale Spedition und Logistik, Eichenstr. 2, 85445 Schwaig/Oberding, Deutschland,
Commercial register no .: 66157, Munich District Court, VAT registration number: DE 129 39 0048,
Managing Directors: Holger Funk, Patrick Lindig
The following general terms and conditions (GTC) apply to all business relationships from the online shop between ITG GmbH Internationale Spedition und Logistik (hereinafter referred to as "retailer") and the customer* for all services deriving from the aforementioned business relationship.
2.1 The product descriptions contained in the retailer’s online shop are not binding offers to conclude a contract on the part of the retailer. They merely represent a request for the customer to submit a binding offer.
2.2. In the event that the retailer accepts the offer made by the customer, the contract with the retailer is concluded.
2.3 The customer can initially place the products in the shopping cart without obligation and correct their entries at any time before sending their binding order by using the correction aids provided and explained in the order process. By ordering the desired goods by clicking on the "order with payment" button, the customer makes a binding offer to conclude a purchase contract.
2.4.The retailer can accept the customer's offer within five (5) days by sending the customer a confirmation letter (e.g. by email). If the retailer does not accept the offer within the period, this is considered to be a rejection of the offer. In such case, the customer is no longer bound to his offer.
2.5 The acceptance of the offer is saved by the retailer. After the order has been placed, the customer receives a message about it in the browser window; this message contains the possibility to print out the order confirmation. In addition, the order is saved in the retailer's online shop and can be called up by the customer in his customer area at any time after entering his access data under the menu item “My account / Orders”.
3.1.The customer has a statutory right of withdrawal in accordance with §§ 312g para. 1, 355 BGB (German Civil Code) regarding his or her declaration of intent to conclude a purchase contract in the online shop.
3.2 The cancellation right does not apply to entrepreneurs.
3.3 The cancellation right does not apply to consumers whose habitual residence is not in a member state of the European Union at the time the contract is concluded.
3.4 More information on the cancellation right can be found in the merchant's cancellation policy , which can be viewed at the following URL: https://www.ragwear.com/en/contradiction
4.1 The prices mentioned in the retailer’s online shop are final prices, inclusive of statutory VAT; shipping costs are not included. The amount of the shipping costs depends on the delivery location. More information under Payment Terms.
4.2 For deliveries to countries outside the European Union, additional costs may incur in individual cases, for which the seller is not responsible. These are to be borne by the customer. This includes, for example, costs for transferring money through credit institutions (for example, bank charges and exchange fees) or legal import duties or taxes (for example, customs duties). Such costs regarding money transfer may also be incurred if delivery is not made in a country outside the European Union and the customer carries out the payment from a country outside the European Union.
4.3 The following payment options are available to the customer: Visa or MasterCard credit card, PayPal, advance payment, instant transfer. The merchant works with the service provider BSPAYONE for all payment methods. BSPAYONE GmbH, Lyoner Strasse 9, D-60528 Frankfurt / Main, www.bspayone.com .
4.4. If the credit card payment method is selected, the customer's credit card is debited when the invoice is created. In the case of a return, the amount will be transferred back to the credit card when the credit is created. Versification through VISA Verified by Visa helps ensure that payments are made by the legitimate Visa card holder and makes online shopping more secure. The aim is to process online transactions as securely, quickly and conveniently as in-store purchases. Visa provides cardholders with comprehensive fraud protection at all times, and Verified by Visa provides an additional layer of security to protect your identity and your online purchases. - 3D-Secure Mastercard® Identity Check ™ (SecureCode ™) is an authentication method for even more secure shopping on the Internet. During the payment process, the online shop sends a request to the card-issuing bank.
4.5. If the prepayment payment method is selected, the customer's bank details are communicated in the order confirmation. The goods are delivered after receipt of payment.
4.6 If the instant transfer payment method is selected, the customer will be forwarded to the website of the online provider SOFORT Überweisung after placing the order. In order to be able to pay the invoice amount via Sofort, you must have an online banking account with the PIN/TAN procedure activated, then authenticate your identity and confirm the payment instructions. The customer receives further information during the ordering process. The payment transaction is carried out immediately afterwards by SOFORT Überweisung and the customer's account is debited. In the event of a return, the amount will be transferred back to the specified account when the credit is created.
4.7. If the PayPal payment method is selected, the payment is processed by the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22–24 Boulevard Royal, L-2449 Luxembourg.
5. Delivery and shipping conditions
5.1 The goods are usually delivered within five (5) working days at the latest (Monday to Friday, excluding public holidays) after the payment order has been placed with the transferring credit institution (in the case of advance payment) or after the contract has been concluded (un the case of PayPal or credit card), provided that the place of delivery is within Germany. Deliveries abroad may take longer.
5.2 The goods are dispatched to the delivery address specified by the customer in the ordering process.
6. Retention of title
6.1 The retailer retains the title to the goods supplied until full payment of the purchase price owed for the delivered goods has been paid. The goods subject to retention of title must be treated with care as long as the retention of title exists.
6.2. As long as the retailer is the owner of the goods, the customer must inform the retailer immediately of any third-party access to the goods, in particular foreclosure measures or any damage or destruction of the goods. The customer must immediately notify the retailer of a change of ownership of the goods as well as a change of address.
6.3 The customer must compensate the retailer for any damages or costs incurred due to a violation of these obligations and through the necessary interventions measures against access to the goods by third parties.
6.4 The customer is not entitled to resell and/or process the reserved goods. If the customer nevertheless sells the goods, he thereby already assigns to the retailer any claims that accrue to him towards a third party from the resale. The Client hereby accepts such transfer.
7.Information on liability for defects, limitation of warranty rights
The legal regulations on liability for defects, limitation and warranty apply.
8.1. The retailer is fully liable for damage caused by intent or gross negligence on the part of the retailer. In the event of negligent breach of an essential contractual obligation (so-called cardinal obligation), the retailer is only liable for the replacement of typical and foreseeable damage.
8.2 The statutory liability in the event of injury to life or health, personal injury and under the Product Liability Act thereby remains unaffected.
8.3 Beyond the cases regulated in 8.1 and 8.2, liability of the retailer is excluded.
8.4.The retailer is not liable for the topicality, correctness, completeness or quality of the information provided on www.ragwear.com.
8.5. As far as the retailer allows access to other websites with links, it is not responsible for the external content contained therein; it does not check the relevant websites. The retailer does not adopt the third-party content. The retailer also has no influence on the design or content of the linked pages and, as a precaution, expressly distances itself from any contents of any linked pages on the website.
9.1 The retailer undertakes to protect the privacy of all persons who shop with it and to treat their personal data confidentially. This is based on the applicable statutory provisions, such as the Federal Data Protection Act (BDSG) and the EU General Data Protection Regulation (Regulation (EU) 2016/679). The personal data received from the customer will be stored for ten (10) years. However, the customer has the right to have their personal data deleted at any time. The retailer must be informed of the assertion of the right to deletion in text form.
9.2 The retailer will only use the data to fulfil the contract concluded with the customer. Further use of the data collected, e.g. for advertising purposes, will not take place without the customer's consent.
9.3 The retailer is obliged to take sufficient technical and organisational measures to protect the data before processing the data. These measures are intended to protect the data in particular from unauthorised transfer or prohibited access and against all other illegal forms of processing.
9.4 The data will only be processed within EU member states. The EU General Data Protection Regulation (Regulation (EU) 2016/679) applies to these.
9.5. In the case of order data processing on behalf of the retailer by a third party, the retailer is obliged to choose a processor who can guarantee technical and organisational protection in accordance with this "Data protection" section. 9.6. The retailer grants the data subjects whose data are transmitted to them or to whom they have access the right to inspect, correct and delete these.
9.7 For all else, the retailer’s data protection regulations apply, which can be found at the following URL: https://www.ragwear.com/en/data-protection
10. Online Dispute Resolution Information
10.1 The EU Commission provides an internet platform for online dispute resolution (the OS platform). This OS platform is intended to serve as a contact point for out-of-court settlement of disputes in connection with contractual obligations from online sales contracts. The OS platform can be accessed via the following link: https://ec.europa.eu/consumers/odr.
10.2. The retailer's email address is: firstname.lastname@example.org. The retailer is neither willing nor obliged to settle disputes with consumers before an arbitration board.
The image rights are held by Hulker Europe Vertriebs GmbH.
12. Applicable law and jurisdiction
12.1 The law of the Federal Republic of Germany applies to all legal relationships of the retailer with the customer, excluding the laws on the international purchase of movable goods, so-called UN sales law (United Nations Convention on Contracts for the International Sale of Goods (CISG) of 11.04.1980). The court of jurisdiction is Munich. 12.2 If the customer is a consumer, the mandatory consumer protection laws of the state in which the customer is habitually resident apply insofar as they provide further protection.
13.1 Changes to the contract between the retailer and the customer must be in writing to be effective. This also applies to the amendment of this written form.
13.2 The contract between the retailer and the customer contains all the agreements between the parties. There are no other agreements, ancillary agreements or terms and conditions.
13.3 The ineffectiveness of individual regulations of the contract concluded between the retailer and the customer including these terms and conditions does not affect the effectiveness of the other regulations. In such case, the parties undertake to agree on effective regulations that come closest to the intended purpose of the ineffective regulations. This applies accordingly to contractual gaps.
* The term "he" is used neutrally for women, men and intersexuals.