Terms of service

Table of Contents

1. Scope
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Terms
5. Delivery and Shipping Terms
6. Contract Term and Termination for Subscription Contracts for Goods
7. Retention of Title
8. Liability for Defects (Warranty)
9. Alternative Dispute Resolution

1) Scope

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

1.2 For the purposes of these GTC, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.

1.3 For the purposes of these GTC, a business is a natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, acts in the exercise of its trade, business or profession.

1.4 Depending on the Seller's product description, the subject matter of the contract may be either the purchase of goods delivered once or the purchase of goods delivered on an ongoing basis (hereinafter a "subscription contract"). Under a subscription contract, the Seller undertakes to deliver the goods owed under the contract to the Customer at the intervals specified in the contract for the duration of the agreed contract term.

2) Conclusion of Contract

2.1 The product descriptions in the Seller's online shop do not constitute binding offers by the Seller, but serve as an invitation for the Customer to submit a binding offer.

2.2 The Customer may submit an offer using the online order form integrated into the Seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding offer to conclude a contract for the goods in the shopping cart by clicking the button that completes the order process. The Customer may also submit an 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), in which case receipt of the order confirmation by the Customer is decisive, or
• delivering the ordered goods to the Customer, in which case receipt of the goods by the Customer is decisive, or
• asking the Customer to pay after the Customer has placed the order.

If more than one of the above alternatives applies, the contract is concluded at the time when one of them first occurs. The period for accepting the offer begins on the day after the Customer sends the offer and ends at the end of the fifth day following the day the offer was sent. If the Seller does not accept the Customer's offer within this period, this is deemed to be a rejection of the offer, with the result that the Customer is no longer bound by their declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment is processed by 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 PayPal's 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 its acceptance of the Customer's offer at the time the Customer clicks the button that completes the order process.

2.5 When an order is placed using the Seller's online order form, the Seller saves the contract text after the contract has been concluded and sends it to the Customer in text form (e.g. by email, fax or letter) after the Customer has submitted their order. The Seller does not make the contract text available in any other way. If the Customer has created a user account in the Seller's online shop before submitting their order, the order data is archived on the Seller's website and can be accessed free of charge by the Customer through their password-protected user account using the relevant login details.

2.6 Before submitting a binding order using the Seller's online order form, the Customer can identify potential input errors by carefully reading the information displayed on the screen. The browser's zoom function, which enlarges the display on the screen, may be an effective technical aid for identifying input errors. The Customer may correct their entries using the usual keyboard and mouse functions during the electronic ordering process until they click the button that completes the order process.

2.7 German is the language available for concluding the contract.

2.8 Orders are generally processed automatically by email. The Customer must ensure that the email address provided for order processing is correct and that emails sent by the Seller can be received at that address.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information about the right of withdrawal is provided in the Seller's withdrawal policy.

4) 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 additional delivery and shipping costs are listed separately in the relevant product description.

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

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

4.4 If a payment method offered through the "PayPal" payment service is selected, payment is processed by PayPal, which may also use the services of third-party payment service providers for this purpose. If the Seller also offers payment methods through PayPal under which it advances payment to the Customer (e.g. purchase on account or payment in instalments), the Seller assigns its payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically identified to the Customer. Before accepting the Seller's assignment, PayPal or the payment service provider commissioned by PayPal conducts a credit check using the Customer data provided. The Seller reserves the right to refuse the selected payment method if the credit check produces a negative 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 discharge their payment obligation only by paying PayPal or the payment service provider commissioned by PayPal. However, even if the claim is assigned, the Seller remains responsible for general Customer enquiries, for example about the goods, delivery time, dispatch, returns, complaints, withdrawal notices and their submission, or credit notes.

4.5 If a payment method offered through the "Shopify Payments" payment service is selected, payment is processed by Shopify International Limited, Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland ("Shopify"). The individual payment methods offered through Shopify Payments are communicated to the Customer in the Seller's online shop. Shopify may use additional payment services to process payments, which may be subject to special payment terms; the Customer will be informed separately of any such terms. Further information about "Shopify Payments" is available online at https://www.shopify.com/legal/terms-payments/de.

5) Delivery and Shipping Terms

5.1 If the Seller offers to ship the goods, delivery will be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. The delivery address specified during the Seller's order processing is decisive for completing the transaction.

5.2 If delivery of the goods fails for reasons attributable to the Customer, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply to the costs of sending the goods to the Customer if the Customer validly exercises their right of withdrawal. If the Customer validly exercises their right of withdrawal, the return shipping costs are governed by the relevant provision in the Seller's withdrawal policy.

5.3 If the Customer is a business, the risk of accidental loss or accidental deterioration of the goods sold passes to the Customer as soon as the Seller hands the goods over to the freight forwarder, carrier or other person or institution designated to carry out the shipment. If the Customer is a consumer, the risk of accidental loss or accidental deterioration of the goods sold generally passes to the Customer only when the goods are handed over to the Customer or a person authorised to receive them. By way of exception, even for consumers, the risk of accidental loss or accidental deterioration of the goods sold passes to the Customer as soon as the Seller hands the goods over to the freight forwarder, carrier or other person or institution designated to carry out the shipment, if the Customer has commissioned the freight forwarder, carrier or other person or institution designated to carry out the shipment and the Seller has not previously named that person or institution to the Customer.

5.4 Collection in person is not possible for logistical reasons.

6) Contract Term and Termination for Subscription Contracts for Goods

6.1 The right to terminate the contract for good cause without notice remains unaffected. Good cause exists if, taking into account all the circumstances of the individual case and balancing 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 end of a notice period.

6.2 Termination notices may be submitted in writing, in text form (e.g. by email) or electronically using the termination function (termination button) provided by the Seller on its website.

7) Retention of Title

If the Seller delivers the goods before receiving payment, the Seller retains title to the delivered goods until the purchase price owed has been paid in full.

8) Liability for Defects (Warranty)

Unless otherwise provided below, the statutory provisions on liability for defects apply. The following provisions apply by way of exception to contracts for the delivery of goods:

8.1 If the Customer is a business,

• the Seller may choose the type of subsequent performance;
• for new goods, the limitation period for claims for defects is one year from delivery of the goods;
• claims for defects in used goods are excluded;
• the limitation period does not restart if replacement goods are supplied as part of liability for defects.

8.2 The above liability limitations and reductions in limitation periods do not apply

• to the Customer's claims for damages and reimbursement of expenses,
• if the Seller fraudulently concealed the defect,
• to goods that have been used for a building in accordance with their usual intended use and have caused the building to be defective,
• to any obligation the Seller may have to provide updates for digital products under contracts for the delivery of goods with digital elements.

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

8.4 If the Customer is a consumer, they are asked to report goods delivered with obvious transport damage to the delivery agent and notify the Seller. Failure to do so does not affect any statutory or contractual claims for defects to which the Customer is entitled.

9) Alternative Dispute Resolution

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