Terms of service

Table of Contents

1. Scope
2. The contract is concluded
3. Right of withdrawal
4. Prices and Payment Terms
5. Delivery and Shipping Terms and Conditions
6. Contract duration and contract termination for subscription contracts for goods
7. Retention of title
8. Defects liability (warranty)
9. Alternative dispute resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of RUKATECH s.r.o. (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or business customer (hereinafter "Customer") concludes with the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby objected to unless otherwise agreed.

1.2 For the purposes of these General Terms and Conditions, a consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial activity nor to their self-employed professional activity.

1.3 For the purposes of these General Terms and Conditions, an entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity.

1.4 Depending on the seller's product description, the subject matter of the contract may be either the purchase of goods by way of a one-time delivery or the purchase of goods by way of an ongoing delivery arrangement (hereinafter "subscription contract"). Under the subscription contract, the seller undertakes to deliver the contractually owed goods to the customer at the contractually agreed intervals for the duration of the agreed contract term.

2) Conclusion of the contract

2.1 The product descriptions contained in the seller's online shop do not constitute binding offers on the part of the seller, but rather serve for the customer to submit a binding offer.

2.2 The customer may submit the offer using the online order form integrated into the seller's online shop. In doing so, after placing the selected goods in the virtual shopping basket and completing the electronic ordering process, the customer submits a legally binding contractual offer in relation to the goods contained in the shopping basket by clicking the button that completes the ordering process. Furthermore, the customer may also submit the offer to the seller by email.

2.3 The seller may accept the customer's offer within five days,

• by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby in this respect receipt of the order confirmation by the customer is decisive, or
• by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer shall be decisive in this respect, or
• by requesting payment from the customer after they have placed their order.

If several of the aforementioned alternatives apply, the contract shall be concluded at the time when the first of those alternatives occurs. The period for accepting the offer begins to run on the day after the customer sends the offer and ends at the expiry of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the consequence that the customer is no longer bound by their declaration of intent.

2.4 If you select a payment method offered by PayPal, payment processing will be carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/legalhub/paypal/useragreement-full or - if the customer does not have a PayPal account - subject to the terms for payments without a PayPal account, available at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the seller hereby declares acceptance of the customer's offer at the moment the customer clicks the button that completes the ordering process.

2.5 When ordering via the seller's online order form, the contract text is stored by the seller after the contract has been concluded and sent to the customer in text form (e.g. email, fax, or letter) after the customer submits the order. The seller does not make the contract text available beyond this. If the customer has created a user account in the seller's online shop before submitting the order, the order data will be archived on the seller's website and can be accessed free of charge by the customer via the password-protected user account using the relevant login details.

2.6 Before bindingly submitting the order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means of better identifying input errors may be the browser's zoom function, which can be used to enlarge the display on the screen. The customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that completes the ordering process.

2.7 German is available for the conclusion of the contract.

2.8 Order processing is generally carried out automatically by email. The customer must ensure that the email address provided by them for order processing is correct so that the emails sent by the seller can be received at this address.

3) Right of withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the seller's withdrawal policy.

Prices and Payment Terms

4.1 Unless otherwise stated in the seller's product description, the prices shown are total prices and include statutory VAT. Any delivery and shipping costs that may apply additionally are specified separately in the respective product description.

4.2 The available payment method(s) will be communicated to the customer in the seller's online shop.

4.3 If advance payment by bank transfer has been agreed, payment is due immediately upon conclusion of the contract, unless the parties have agreed on a later due date.

4.4 If a payment method offered via the payment service “PayPal” is selected, payment processing shall be carried out via PayPal, whereby PayPal may also use the services of third-party payment service providers for this purpose. Insofar as the seller also offers payment methods via PayPal under which the seller provides advance performance to the customer (e.g. purchase on account or instalment payment), the seller assigns its payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the customer. Before accepting the seller’s declaration of assignment, PayPal or the payment service provider commissioned by PayPal shall carry out a credit check using the transmitted customer data. The seller reserves the right to refuse the selected payment method to the customer in the event of a negative assessment result. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, the customer may only make payment to PayPal or to the payment service provider commissioned by PayPal with discharging effect. However, even in the event of assignment of the claim, the seller remains responsible for general customer enquiries, e.g. regarding the goods, delivery time, dispatch, returns, complaints, notices of cancellation and returns thereof, or credit notes.

4.5 If a payment method offered via the "Shopify Payments" payment service is selected, payment processing is carried out by Shopify International Limited, Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland ("Shopify"). The individual payment methods offered via Shopify Payments are communicated to the customer in the seller's online shop. For the purpose of processing payments, Shopify may use other payment service providers, for which special payment terms may apply and to which the customer may be separately directed. Further information on "Shopify Payments" can be found online at https://www.shopify.com/legal/terms-payments/de available.

5) Delivery and Shipping Terms

5.1 If the seller offers shipping of the goods, delivery shall be made within the delivery area specified by the seller to the delivery address provided by the customer, unless otherwise agreed. For the processing of the transaction, the delivery address specified in the seller's order processing is decisive.

5.2 If delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This shall not apply to the costs of outward delivery if the customer effectively exercises their right of withdrawal. In the event of an effective exercise of the right of withdrawal by the customer, the provision set out in the seller's cancellation policy shall apply to the return costs.

5.3 If the customer is acting as a business, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer as soon as the seller has delivered the item to the forwarding agent, the carrier, or the person or institution otherwise designated to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall generally pass only upon delivery of the goods to the customer or a person authorised to receive them. By way of exception, the risk of accidental loss and accidental deterioration of the goods sold shall also pass to the customer in the case of consumers as soon as the seller has delivered the item to the forwarding agent, the carrier, or the person or institution otherwise designated to carry out the shipment, if the customer has instructed the forwarding agent, the carrier, or the person or institution otherwise designated to carry out the shipment to perform the delivery and the seller has not previously named that person or institution to the customer.

5.4 Self-collection is not possible for logistical reasons.

6) Contract term and termination of contract for subscription agreements for goods

6.1 The right to extraordinary termination for good cause shall remain unaffected. Good cause exists if, taking into account all circumstances of the individual case and weighing the interests of both parties, the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination date or until the expiry of a notice period.

6.2 Cancellations may be submitted in writing, in text form (e.g. by email), or electronically via the cancellation facility provided by the seller on its website (cancellation button).

7) Retention of title

If the seller performs in advance, they retain ownership of the delivered goods until the full purchase price owed has been paid.

8) Liability for Defects (Warranty)

Unless otherwise provided in the following provisions, the statutory provisions on liability for defects shall apply. Notwithstanding this, the following shall apply to contracts for the delivery of goods:

8.1 If the customer is acting as an entrepreneur,

• the seller has the choice of the type of subsequent performance;
• for new goods, the limitation period for claims for defects is one year from delivery of the goods;
• the statutory rights in respect of defects are excluded for used goods;
• the limitation period does not begin anew if a replacement delivery is made within the scope of liability for defects.

8.2 The limitations of liability and shortened limitation periods set out above do not apply

• for claims by the customer for damages and reimbursement of expenses,
• for the event that the seller fraudulently concealed the defect,
• for goods which, in accordance with their usual use, have been used for a building structure and have caused its defectiveness,
• for any obligation of the seller that may exist to provide updates for digital products, in contracts for the supply of goods with digital elements.

8.3 In addition, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remain unaffected.

8.4 If the customer is acting as a consumer, they are requested to report any goods delivered with obvious transport damage to the carrier and to notify the seller accordingly. Failure by the customer to do so shall have no effect whatsoever on their statutory or contractual claims for defects.

9) Alternative dispute resolution

The seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.