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Terms and conditions Ringeri GmbH
Ringeri GmbH and its affiliates (i) Ringeri.com, Ringeraya.com operate online supermarkets (“Ringeri GmbH marketplaces”), which may be available as native applications for operating systems such as Android or iOS or standard or mobile web; and (ii) develop and provide other services and products. In these terms, we refer to the Ringeri GmbH marketplaces and its affiliates as "Ringeri GmbH, Ringeri GmbH (Ringeraya.com)marketplaces" or "we" or "we". We call end users "clients" and the entities that list and sell items as a merchant (s).
Ringeri GmbH (Ringeraya.com) markets allow vendors and suppliers ("Merchants") to create stores that list and sell items to end users. When clients buy an item, the sales contract is only between clients and the merchant (supplier). This means that when clients purchase an item from a Marketplace app, clients are making a purchase from the merchant who listed the item and the merchant is responsible for fulfilling client's order.
Registration - Conclusion of Contract
To participate in Ringeri GmbH you need to register. You can register online via our registration form at www.ringeri.com or as part of the checkout process in our online shop. If You register in one of our branches or at special events (e.g. trade fair stands), You must confirm your registration by sending us an e-mail with a link to our online form.
To register with Ringeri GmbH (Ringeraya.com), You must be of legal age.
During the registration process You will be asked to specify your access data. These consist of first and last name, your e-mail address and a freely chosen password. You are obliged to provide complete and correct information when registering. If these data change in the course of your usage relationship, You are obliged to correct your data on Ringeri GmbH immediately in your personal settings. If costs are incurred due to incorrect information, You are obliged to reimburse these costs.
The user is not permitted to conclude several Ringeri GmbH memberships at the same time.
The user's details on the member account can be edited and supplemented by the user at any time via the customer account. Access to the customer account takes place online via the access data selected by the user during registration. Membership and access data are not transferable. The access data must be kept secret and may not be passed on to third parties.
Clients can access, save and print out the current Terms during the registration process and at any other time on our website. We do not store this contract text after conclusion of the contract.
Ringeri GmbH market places is client's contract partner when using the Services. In order to make full use of the Services, including viewing and purchasing items in the Marketplace Apps, clients must create an account ("Register"). If clients buy items, the Merchant is clients contractual partner for the purchase.
Ringeri GmbH Services
Ringeri GmbH market places operates marketplaces (Ringeraya.com) that allow Merchants and users to share information and complete purchases.
Each final price is determined by or based on a price supplied by the Merchant offering an item for sale. Merchants provide the other information in the item listings, including any strike-through prices. Merchants are obligated to provide accurate information, but Ringeri GmbH (Ringeraya.com) is not able to guarantee the truth or accuracy of the information in item listings
Merchants are responsible for their stores, their items, their item listings (including original or strike-through prices), and the processing and shipping of client's order. Merchants may be located in clients country or region or elsewhere. If they are located elsewhere, this may have an effect on taxes, customs or the applicability of consumer protection or data protection rules.
Although we are not a party to the contract formed between clients and a Merchant when clients make a purchase, we may assist with payment processing, returns, refunds, and other customer service. Ringeri GMBH (Ringeraya.com) market places does not guarantee (i) the existence, quality, safety, suitability, or legality of any Merchant items or item listings; (ii) the truth or accuracy of any item descriptions or other content provided by Merchants; (iii) the truth or accuracy of ratings, reviews, or other User Submissions; or (iv) the performance or conduct of any Merchant or third party. Except if we clearly indicate otherwise, Ringeri GmbH (Ringeraya.com) does not endorse any Merchant, item, or item listing. Clients should make any investigation clients feel is appropriate before making a purchase from a Merchant. Please read labels, warnings and directions provided with a purchased item before using it.
User Requirements and Obligations
Clients are not permitted to use the Services if: (a) Clients are located in a country fully embargoed by the United States or if clients are on the U.S. Treasury Department's list of Specially Designated Nationals; clients can find an up-to-date list of such countries and/or Nationals; or (b) clients have previously been banned from using any of the Services, unless Ringer GMBH market places has reversed that ban, in its sole discretion.
Clients may be required to create an account, and select a password and user name. Clients promise to provide us with accurate, complete, and updated information about clients self. Where Ringeri GmbH (Ringeraya.com) requires that clients provide an email address, clients are responsible for providing Ringeri GmbH (Ringeraya.com) with client most current email address. Clients are obliged to keep client registration information, including clients e-mail address, up to date and inform us about changes without undue delay by updating this information in clients user account. Clients may not select as client's user name a name that clients don't have the right to use, or another person's name with the intent to impersonate that person. Clients may not transfer clients account to anyone else without our prior written permission.
Rules & Restrictions
Clients may only use the Services for clients own internal and personal use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with applicable Ringeri GmbH policies and all laws that apply to clients. If clients use of the Services (including a purchase of any items on the Services) is prohibited by any applicable laws, then clients aren't authorized to use the Services.
Clients may not share clients account or password with anyone, and clients must protect the security of clients account and clients password. Clients must notify that Ringer GMBH (Ringeraya.com) market places immediately of any unauthorized use of client password or any other breach of the security of clients account. Clients are responsible for any activity associated with clients account.
Clients must not create multiple accounts and clients must not let others use clients account.
When accessing or using the Services, clients agree to:
Abide by all laws, rules, regulations, these Terms, and all Ringeri GmbH (Ringeraya.com)policies;
Only purchase items clients are legally able to purchase in client’s jurisdiction;
Only use (or attempt to use) the Services through interfaces provided by Ringeri GmbH; and
Comply with the instructions in any robots.txt file present on the Services.
When accessing or using the Services, clients agree not to:
Infringe or violate the intellectual property rights or any other rights of anyone else (including Ringeri GmbH);
Violate these Terms, Ringeri GmbH market places policies, or any law or regulation, including any applicable export control laws;
Engage in activity that is deceptive, threatening, defamatory or obscene;
Circumvent any terms, policies or rules set forth on the Services including those relating to any promotion, contest or program on the Services;
Collect personal data from users of the Services or use any such information found on the Services;
Engage in activity that jeopardizes the security of clients account or anyone else's (such as allowing someone else to log in to the Services as clients);
Attempt, in any manner, to obtain the password, account, or other security information from any other user;
Use a third party's credentials, conceal clients true IP address, or otherwise impersonate or misrepresent clients identity, clients affiliation with any person or entity;
Violate the security of any computer network, or crack any passwords or security encryption codes;
Run Maillist, Listserv, any form of auto-responder or "spam" on the Services, or any processes that run or are activated while clients are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services' infrastructure);
"Crawl," "scrape," or "spider" any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
Decompile, reverse engineer, or otherwise attempt to obtain the source code or underlying ideas or information of or relating to the Services; or
Attempt to do anything, or permit, encourage, assist, or allow any third party to do anything, prohibited in this list of items, or attempt, permit, encourage, assist, or allow any other violation of these Terms.
Anything clients post, upload, share, store, or otherwise provide through the Services is a "User Submission." User Submissions may include suggestions, comments, ideas, improvements, or other feedback or materials, and may be viewable by other users. In order to display clients User Submissions on the Services, and to allow other users to enjoy them (where applicable), clients grant us certain rights in those User Submissions.
For all User Submissions, clients hereby grant Ringeri GmbH free of charge a royalty-free, perpetual, non-exclusive, transferable, sublicensable, worldwide license to use, store, display, reproduce, save, modify (e.g. for technical purposes, such as making sure client's submission is viewable on an iPhone as well as a computer), create derivative works, perform, distribute, translate or otherwise act with respect to such User Submissions as we determine is necessary to operate, market and advertise the Services, including to present display or perform such User Submission in accordance with clients preferences.
Ringeri GmbH (Ringeraya.com) market places will be free to use, disclose, reproduce, modify, license, transfer and otherwise distribute, and exploit the
User Submissions in any manner.
Notices or declarations can be made in text form , including by email. The communication between Ringeri GmbH market places and clients takes place electronically, e.g. by emails, texts, mobile push notices, or notices and messages on the Services. If clients Ringeri GmbH to provide Ringer GMBH market places formal notice via email, the message(s) must be sent to email@example.com and must include the words "Legal Notice" in the subject line.
We may transfer, assign, or delegate these Terms and our rights and obligations with prior notice to clients.
Should the parties be prevented from fulfilling their contractual obligations by force majeure such as natural disasters, war, terrorism, industrial disputes, sovereign orders or other circumstances which are beyond their control or the prevention of which cannot be achieved with reasonable technical or economic effort, the parties are released from their contractual obligations as long as these circumstances and their consequences have not been finally eliminated. In all the above-mentioned cases of release from performance, the parties are not entitled to claim damages unless the party claiming force majeure is at fault.
This agreement runs for an indefinite period of time.
Clients're free to stop using the Services at any time. Any unpaid amounts clients owe Merchants for items purchased will remain due. Ringeri GMBH market places is also free to terminate (or suspend access to) client's use of the Services or client's account, for any reason in our discretion, including client's breach of these Terms upon two weeks' notice.
The right to terminate this agreement for good cause remains unaffected.
Account termination may result in destruction of any Content associated with clients account, so keep that in mind before clients decide to terminate clients account.
User Feedback, Ratings, Reviews
Ringeri GmbH (Ringeraya.com) enables clients to generate ratings and reviews, photos, videos or other content about items and stores on the Marketplace Apps ("Feedback"). Feedback is intended to enable other users to get a meaningful picture of the items or the store.
Feedback may only contain truthful information. Feedback must be in accordance with the law and may not violate the rights of third parties, in particular personal rights, trademark rights or copyrights, as well as data protection regulations. Clients agree: (i) to base any rating or review clients post only on clients first-hand experience with the applicable business, product, or service; (ii) clients will not provide a rating or review for any business, product, or service with respect to which clients have a competitive, ownership or other economic interest, employment relationship or other affiliation; (iii) clients will prominently indicate if clients review was sponsored or paid for in any way; and (iv) clients review will comply with these Terms.
Any use of the feedback system contrary to the foregoing paragraphs is prohibited. In particular, clients are prohibited from including in Feedback information unrelated to the performance of the underlying item, store or contract or from using Feedback for any purpose other than the evaluation of the item or the store.
If clients abuse the feedback system, Ringeri GmbH (Ringeraya.com) is entitled to remove the Feedback taking client's legitimate interests into account, in particular clients right to freedom of expression. This applies particularly if:
Ringeri GmbH (Ringeraya.com) is legally obliged to remove the Feedback, e.g. due to a court ruling
the Feedback contains vulgar, obscene, racist, not clients th-free or in the criminal sense insulting statements
the Feedback contains personal data, e.g. name, address, telephone number and/or e-mail-address
the Feedback contains inappropriate links or scripts, e.g. with harmful content
the Feedback contains inappropriate advertising for third parties
the Feedback for items contains irrelevant information not related to the item, e.g. customer service of the store, shipping of the item, or site usability issues.
Ratings and reviews and photos, videos or other content about items and stores ("Feedback") posted by users on our Services are User Submissions that are not endorsed by Ringeri GmbH and do not represent the views of Ringeri GmbH. Ringeri GmbH does not assume liability for ratings and reviews or for any claims for economic loss resulting from such ratings and reviews. We reserve the right to exclude such Feedback for any reason or no reason, without notice to clients. For example, we may exclude Feedback if we determine, in our sole discretion, that any rating or review could diminish the integrity of the ratings and reviews.
The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions, and so forth (all of the foregoing, the "Content") are protected by copyright and/or other intellectual property laws. Clients promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content clients access through the Services, and clients won't use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by clients, (i) without the prior consent of the owner of that Content and/or (ii) in a way that violates someone else's (including Ringeri GmbH 's) rights.
Ringeri GmbH (Ringeraya.com) and the logo are trademarks of Ringeri.com/Ringeraya.com registered in the Swiss Chambre of Commerce and Trademark Office and in other countries. All rights reserved.
Clients understand that Ringeri GmbH owns or licenses the Services. Clients may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services.
Subject to clients compliance with these Terms, including payment of any applicable fees, Ringeri GmbH (Ringeraya.com) or its content providers grant clients a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Services.
Costs and Fees
It is currently free to access and browse the Ringeri GmbH products and sites and other aspects of the Services. However, clients may choose to purchase items through the Services from Merchants, and clients alone will be responsible for paying the purchase price of any items clients buy, in addition to any applicable taxes and shipping costs, if any. Ringeri GmbH is not client's contract partner when purchasing items from Merchants. As tax rules evolve, Ringeri GmbH may calculate and collect taxes applicable to some purchases. Ringeri GmbH will attempt to notify clients by contacting the email address, billing address, and/or phone number provided at the time the order at the merchant was made.
By confirming client's purchase at the end of the checkout process, clients agree to pay the applicable fees as well as any shipping and handling charges or the applicable taxes. Clients must timely pay all fees or amounts associated with client's use of the Services.
Third Party Checkout Service. When clients purchase goods through the Services, we may direct clients through a checkout process operated by third parties, such as Klarna AB. Use of Klarna AB's services is subject to clients consent to the Klarna AB terms and conditions. By purchasing goods through Klarna on the Ringer GMBH market places, clients agree to Klarna AB's terms and conditions.
Refunds and exchanges
We want clients to be satisfied with client's purchase on the Services. Therefore, in accordance with our Refund & Returns Policy, we offer clients a special possibility for refunds and returns if clients have a problem with an order or purchase. However, this does not limit clients statutory withdrawal or warranty rights with the Merchant from which clients bought clients items.
Clients agree that: (i) Ringeri GmbH may, in accordance with its Refund & Returns Policy, issue a refund to resolve any problems with client's order, including the contents of an item listing or the item's delivery or condition; and (ii) if clients Ringeri GmbH to pursue any other remedy, clients must seek that remedy directly from the applicable Merchant. Except as described in the Refund & Returns Policy, Ringeri GMBH market places cannot refund, reimburse, cover, or otherwise be responsible for any fees not paid to Ringer GMBH market places, including, without limitation, customs, taxes or VAT as well as any return shipping costs clients may incur in a return or refund process.
Clients account may contain rewards, credits. These may be used for discounts on or payment for eligible purchases made on the Services. Rewards, credits, or cannot be redeemed for cash, except in jurisdictions where required by law.
Changes to Terms or Services
Ringeri GmbH (Ringeraya.com) market places has the right to change the contractually agreed services and these Terms if and to the extent that this is necessary for a valid reason that could not have been foreseen at the time the contract was concluded, and this change is reasonable for the user, in particular because the relationship between performance and counter performance does not significantly change to clients disadvantage.
Ringeri GMBH (Ringeraya.com) market places will provide appropriate notice regarding changes to the Services or these Terms ("Notice of Changes").
In the event of changes to the contractually agreed services and these Terms, clients have the right to terminate this contract in text form at the time the changes take effect.
Changes to the contractually agreed services and these Terms are deemed approved by clients if clients do not expressly object to them after receipt of the Notice of Changes. Ringeri GMBH (Ringeraya.com) market places specifically draws clients attention to this legal consequence, the commencement of the period, the period and the date on which the change takes effect. In the absence of such notice or if it is incomplete, the lack of objection does not constitute acceptance of the changes.
If clients object to the changes, Ringer GMBH market places has the right to terminate this contract in text form at the time the changes take effect.
Clients statutory warranty rights apply to the Services.
Clients are responsible for the regular storage of any data or information obtained through the Services.
Limitation of Liability
To the extent permitted by applicable law, Ringeri GMBH market places limits or excludes its liability for: (i) client's use of the Services, including any downtime or periods of unavailability; (ii) products, information or other content provided by third parties; (iii) the use of products purchased from Merchants; or (iv) any indirect, consequential or special damages. If Ringeri GMBH market places has any liability to clients, then to the extent permitted by applicable law clients agree that: (i) clients shall take reasonable measures to limit any damages incurred; and (ii) Ringeri GmbH market places liability shall be limited to those damages that were a foreseeable and direct result of its conduct. Except for liability for death or personal injury caused by Ringeri GMBH market places, Ringeri GmbH (Ringeraya.com) market places liability shall not exceed the greater of (i) the aggregate amount of clients purchases on the Marketplace Apps in the six (6) months preceding the event on which clients claim is based; or (ii) 500 EUR.
If clients habitual residence is in Germany, the following provisions apply regarding Ringeri GmbH (Ringeraya.com) market places liability (if any). To the extent there is a conflict between the following provisions and the other provisions of this Section 19, the following provisions shall control:
Ringeri GmbH (Ringeraya.com) market places is liable for intentional or gross negligence as well as for injury to life, body or health caused by its conduct.
In an event of slight negligence, Ringeri GMBH (Ringeraya.com) market places is liable only for breaches of a material contractual obligation. A material contractual obligation in the meaning of this provision is an obligation whose fulfilment makes the implementation of this contract possible in the first place and of which the contractual partner may therefore generally rely.
In a case where Ringeri GMBH (Ringeraya.com) market places is liable according to clause 19.2(b), (i) Ringeri GMBH (Ringeraya.com) market places is not liable for any lack of commercial success, lost profits and indirect damages; (ii) Ringeri GMBH (Ringeraya.com) market places liability is limited to the typical and foreseeable damages at the time the agreement was concluded and clients agree to take reasonable measures to mitigate any damages that clients incur; and (iii) In the event of loss of data the liability of Ringeri GMBH (Ringeraya.com) market places is limited to the costs that would have been incurred if clients had properly backed up the data.
These limits on liability apply mutatis mutandis to the benefit of the employees, agents and vicarious agents of Ringeri GmbH (Ringeraya.com) market places.
Intellectual property rights - Copyright
We respect others' intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing such intellectual property rights, and to terminate the accounts of repeat alleged infringers.
Any information or Content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such information or Content originated. Clients access all such information and Content at client's own risk.
Clients are responsible for all Content clients contribute, in any manner, to the Services, and clients represent and warrant clients have all rights necessary to do so, in the manner in which clients contribute it.
Ringeri GmbH (Ringeraya.com) has no control over the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that clients interact with through the Services. In addition, Ringeri GmbH (Ringeraya.com) will not and cannot monitor, verify, censor or edit the content of any third party site or service.
Clients interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between clients and such organizations and/or individuals. Clients should make whatever investigation clients feel necessary or appropriate before proceeding with any transaction with any of these third parties.
If there is a dispute solely between participants on this site, or solely between users and a third party, clients agree that Ringeri GmbH is under no obligation to become involved.
Unless one of the following exceptions applies, the exclusive place of jurisdiction for all disputes arising from this contract and client's use of the Services is our registered office (Regensdorf, CH). Exceptions:
clients have a general place of jurisdiction in an EU member state other than Switzerland;
clients are a merchant within the meaning of the German Commercial Code (Kaufmann);
clients have moved client's permanent place of residence outside of the EEA after these Terms have become effective; or
client's place of residence or habitual residence is not known at the time the action is filed.
The European Commission provides an online dispute resolution platform, which clients can reach at http://ec.europa.eu/odr. Ringeri GMBH (Ringeraya.com) market places is not obliged or willing to participate in a dispute settlement procedure before a consumer arbitration body.
These Terms set forth the entire understanding and agreement between clients and Ringeri GmbH (Ringeraya.com) market places, and supersede all prior understandings and agreements of the parties. These Terms shall not be modified by any of: (i) course of performance between the parties; (ii) course of conduct or dealing between the parties; or (iii) applicable trade practice.
Our failure to respond to a breach by clients or others does not waive our right to act with respect to subsequent or similar breaches.
Statute of Limitations
Claims arising out of or related to the Services become time-barred within two (2) years provided that they do not result from injury to life, body or health and slight negligence has not been ruled out. The commencement of the limitation period is determined by statutory law.
Clients may not use, export, import, or transfer the Services, including the purchase of any products on the Services except as authorized by Swiss law and US law, the laws of the jurisdiction in which clients used the Services or purchased any products on the Services, and any other applicable laws. In particular, but without limitation, the Services, including any products purchased on the Services, may not be exported or re-exported (a) into any Swiss and United States embargoed countries, or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Denied Person's List or Entity List. By using the Services or purchasing products on the Services, clients represent and warrant that (i) clients are not located in a country that is subject to a Swiss or U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country and (ii) clients are not listed on any U.S. Government list of prohibited or restricted parties. Clients also will not use the Services nor the products purchased on the Services for any purpose prohibited by national law applicable to clients. Clients can find an up-to-date list of such countries and/or Nationals under https://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx.
Should specific provisions of these Terms wholly or partially violate mandatory law or be void or ineffective for other reasons, the remaining provisions remain unaffected.