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 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 "GTC") of RUKATECH s.r.o. (hereinafter "Seller") shall apply to all contracts for the delivery of goods that a consumer or trader (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 rejected unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that predominantly cannot be attributed to their commercial or self-employed professional activity.

1.3 A trader within the meaning of these GTC 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 one-time delivery of goods or the regular delivery of goods on a permanent basis (hereinafter "Subscription Contract"). In the case of a Subscription Contract, the Seller undertakes to deliver the contractually owed goods to the Customer 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 to enable the Customer to submit a binding offer.

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 in relation to the goods contained in the shopping basket by clicking the button that completes the order 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 shall be decisive in this respect, or
• by requesting payment from the Customer after the Customer has placed the order.

If several of the aforementioned alternatives apply, the contract shall be concluded at the time when one of the aforementioned alternatives occurs first. 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 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 a payment method offered by PayPal is selected, payment shall be processed 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 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 that can be selected during the online order process, the Seller hereby declares 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 via the Seller's online order form, the contract text shall be stored by the Seller after conclusion of the contract and transmitted to the Customer in text form (e.g. email, fax or letter) after the Customer has sent the order. The Seller shall not make the contract text available beyond this. If the Customer has set up a user account in the Seller's online shop before sending the order, the order data shall be archived on the Seller's website and can be accessed by the Customer free of charge via their password-protected user account using the relevant login data.

2.6 Before submitting a binding 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 enlarges the display on the screen. During the electronic ordering process, the Customer can correct their entries using the usual keyboard and mouse functions until they click the button that completes the order process.

2.7 The German language is available for the conclusion of the contract.

2.8 Order processing and contact usually take place by email and automated order processing. The Customer must ensure that the email address provided by them for order processing is correct so that emails sent by the Seller can be received at this address. In particular, if SPAM filters are used, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller to process the order can be delivered.

3) Right of Withdrawal

3.1 Consumers are generally entitled to 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 indicated are total prices and include statutory VAT. Any additional delivery and shipping costs that may apply are stated separately in the respective product description.

4.2 The payment option(s) shall 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 upon conclusion of the contract unless the parties have agreed a later due date.

4.4 If a payment method offered via the payment service "PayPal" is selected, payment shall be processed 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 under which the Seller makes advance payment 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 check 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 can only make payment to PayPal or the payment service provider commissioned by PayPal with discharging effect. However, even in the event of assignment of claims, the Seller remains responsible for general customer enquiries, e.g. regarding the goods, delivery time, dispatch, returns, complaints, declarations of withdrawal and returns, or credit notes.

4.5 If a payment method offered via the payment service "Shopify Payments" is selected, payment shall be processed by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments are communicated to the Customer in the Seller's online shop. For the processing of payments, Stripe 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" is available online at https://www.shopify.com/legal/terms-payments-de.

5) Delivery and Shipping Terms

5.1 If the Seller offers shipment 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. The delivery address stated in the Seller's order processing shall be decisive for processing the transaction.

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 with regard to the costs of the outward shipment if the Customer effectively exercises their right of withdrawal. If the Customer effectively exercises the right of withdrawal, the provision in the Seller's cancellation policy shall apply to the return costs.

5.3 If the Customer acts as a trader, 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, carrier or other person or institution designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally passes to the Customer or a person authorised to receive the goods only upon handover of the goods. Notwithstanding the foregoing, 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, carrier or other person or institution designated to carry out the shipment, if the Customer has commissioned the forwarding agent, carrier or other person or institution designated to carry out the shipment and the Seller has not previously named this person or institution to the Customer.

5.4 Collection in person is not possible for logistical reasons.

6) Contract Term and Termination of Subscription Contracts for Goods

6.1 The right to extraordinary termination 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 or until the expiry of a notice period.

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

7) Retention of Title

If the Seller makes advance performance, it retains title to the delivered goods until the purchase price owed has been paid in full.

8) Liability for Defects (Warranty)

Unless otherwise stated in the following provisions, the statutory provisions on liability for defects shall apply. In deviation from this, the following shall apply to contracts for the delivery of goods:

8.1 If the Customer acts as a trader,

• the Seller shall have the choice of the type of subsequent performance;
• for new goods, the limitation period for defect claims shall be one year from delivery of the goods;
• for used goods, defect claims shall be excluded;
• the limitation period shall not restart if a replacement delivery is made within the scope of liability for defects.

8.2 The limitations of liability and shortening of periods regulated above shall not apply

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

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

8.4 If the Customer acts as a consumer, they are requested to report goods delivered with obvious transport damage to the carrier and to inform the Seller accordingly. If the Customer fails to do so, this 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.