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. Term and Termination of 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 "Terms") of RUKATECH s.r.o. (hereinafter "Seller") apply to all contracts for the supply of goods concluded by a consumer or business customer (hereinafter "Customer") with the Seller in respect of goods presented by the Seller in its online shop. The inclusion of the Customer's own terms is hereby rejected unless otherwise agreed.

1.2 For the purposes of these Terms, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside that person's trade or independent professional activity.

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

1.4 Depending on the Seller's product description, the contract may provide for either a one-off delivery of goods or the ongoing delivery of goods (hereinafter "subscription contract"). Under a subscription contract, the Seller undertakes to deliver the goods owed under the contract to the Customer at the contractually agreed intervals 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; rather, they enable 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 basket and completing the electronic ordering process, the Customer submits a legally binding offer to conclude a contract for the goods in the basket by clicking the button that completes the ordering 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 the time at which the Customer receives the confirmation is decisive; or
• by delivering the ordered goods to the Customer, in which case the time at which the Customer receives the goods is decisive; or
• by requesting payment from the Customer after the Customer has placed the order.

If more than one of the above alternatives occurs, the contract is concluded when the first such alternative 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 its dispatch. If the Seller does not accept the Customer's offer within this period, the offer is deemed rejected, and the Customer is no longer bound by the 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 the PayPal User Agreement, 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 and selectable during the online ordering process, the Seller hereby accepts the Customer's offer at the moment the Customer clicks the button that completes the ordering process.

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

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

2.7 The German language is 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 so that emails sent by the Seller can be received at that address.

3) Right of Withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further information on the right of withdrawal is provided in the Seller's withdrawal instructions.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices inclusive of statutory VAT. Any additional delivery and shipping costs are stated separately in the relevant product description.

4.2 The payment method or methods available are communicated to the Customer in the Seller's online shop.

4.3 If advance payment by bank transfer is 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 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 the Seller performs in advance of payment by the Customer (e.g. purchase on account or payment by instalments), the Seller assigns the corresponding 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 carries out a credit check using the customer data transmitted. The Seller reserves the right to refuse the selected payment method if the 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, payment can discharge the Customer's obligation only if made to 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 concerning goods, delivery times, shipping, returns, complaints, withdrawal declarations and returned goods, or credits.

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 other payment services to process payments, which may be subject to special payment terms of which the Customer will be notified separately where applicable. Further information on "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 checkout process is decisive for processing 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 the initial shipment if the Customer effectively exercises the right of withdrawal. If the Customer effectively exercises the right of withdrawal, the provisions concerning return shipping costs in the Seller's withdrawal instructions apply.

5.3 If the Customer acts as a business customer, the risk of accidental loss or 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 organisation designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss or deterioration of the goods sold generally passes 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 or deterioration of the goods sold also passes to a consumer as soon as the Seller hands the goods over to the freight forwarder, carrier or other person or organisation designated to carry out the shipment if the Customer commissioned that person or organisation to carry out the shipment and the Seller had not previously named that person or organisation to the Customer.

5.4 Collection in person is not possible for logistical reasons.

6) Term and Termination of Subscription Contracts for Goods

6.1 The right to terminate for good cause remains 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 end date or the expiry of a notice period.

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

7) Retention of Title

If the Seller performs in advance, the Seller retains title to the goods delivered 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. By way of exception, the following applies to contracts for the supply of goods:

8.1 If the Customer acts as a business customer:

• the Seller may choose the method of supplementary performance;
• for new goods, the limitation period for claims for defects is one year from delivery of the goods;
• claims for defects are excluded for used goods;
• the limitation period does not recommence if a replacement delivery is made under the liability for defects.

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

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

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

8.4 If the Customer acts as a consumer, the Customer is requested to report any goods delivered with obvious transport damage to the delivery agent and to notify the Seller accordingly. Failure to do so has no effect on the Customer's 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 body.