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 contract termination for subscription agreements for goods
  7. Retention of title
  8. Defect liability (warranty)
  9. Alternative dispute resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of RUKATECH s.r.o. (hereinafter "Seller") shall apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller with regard to the 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 General Terms and Conditions, a consumer is any natural person who enters into 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 any natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity.

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

2) Conclusion of 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 serve for the submission of a binding offer by the customer.

2.2 The customer may submit the offer via 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 relating 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 receipt of the order confirmation by the customer shall be decisive in this respect, or
  • by delivering the ordered goods to the customer, whereby receipt of the goods by the customer is 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 on the day after the customer sends the offer and ends upon expiry of the fifth day following the dispatch 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 one of the payment methods offered by PayPal is selected, payment processing is 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-fullThe seller hereby accepts the customer’s offer at the moment the customer clicks the button that completes the order process, provided the customer pays using a payment method offered by PayPal and selectable during the online 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 has submitted the order. The seller does not make the contract text accessible 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 by the customer free of charge via their password-protected user account by entering 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 order process.

2.7 German is available for the conclusion of the contract.

2.8 Die Bestellabwicklung findet in der Regel automatisiert per E-Mail statt. Der Kunde hat sicherzustellen, dass die von ihm zur Bestellabwicklung angegebene E-Mail-Adresse zutreffend ist, so dass unter dieser Adresse die vom Verkäufer versandten E-Mails empfangen werden können.

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 cancellation policy.

4) Prices and Payment Terms

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

4.2 The payment option(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 provider “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. If the seller also offers payment methods via PayPal for which the seller makes advance payment to the customer (e.g. purchase on account or instalment payments), 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 an assignment of claims, the seller remains responsible for general customer enquiries, e.g. regarding the goods, delivery time, dispatch, returns, complaints, notices of cancellation and their submission, 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 processing of payments, Shopify may use other payment services, for which special payment terms may apply, to which the customer may be separately referred. 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 to ship 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. In processing 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 shipping the goods to the customer if the customer effectively exercises their right of withdrawal. In the event of the customer effectively exercising the right of withdrawal, the provision set out in the seller's cancellation policy shall apply with regard to the costs of returning the goods.

5.3 If the customer is acting as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the customer as soon as the seller has delivered the item to the forwarding agent, the carrier, or any other person or institution designated to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally passes only upon delivery of the goods to the customer or to a person authorized to receive them. By way of derogation, the risk of accidental loss and accidental deterioration of the sold goods 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 any other person or institution designated to carry out the shipment, if the customer has instructed the forwarding agent, the carrier, or the other person or institution 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 contract termination for subscription agreements for goods

6.1 The right to extraordinary termination for good cause shall remain unaffected. Good cause shall be deemed to exist 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 made in writing, in text form (e.g. by email), or electronically via the cancellation mechanism provided by the seller on its website (cancellation button).

Ownership Retention

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 defect liability regulations shall apply. Deviating from this, the following applies 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 defect claims is one year from delivery of the goods;
  • For used goods, warranty rights for defects are excluded;
  • the limitation period does not start again if a replacement delivery is made under warranty for defects.

8.2 The limitations of liability and reductions of time limits set out above do not apply

  • for the customer's claims for damages and reimbursement of expenses,
  • for the event that the seller has fraudulently concealed the defect,
  • for goods that, 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 inform the seller thereof. Failure by the customer to do so shall have no effect whatsoever on their statutory or contractual defect claims.

9) Alternative Dispute Resolution

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