Terms and Conditions

Table of Contents

  1. Scope
  2. Conclusion of Contract
  3. Right of withdrawal
  4. Prices and Payment Terms
  5. Delivery and shipping terms
  6. Retention of title
  7. Liability for defects (warranty)
  8. Liability
  9. Applicable law
  10. Jurisdiction
  11. Alternative dispute resolution

1) Scope of application

1.1These General Terms and Conditions (hereinafter “GTC”) of RUWI (hereinafter “Seller”) apply to all contracts for the delivery of goods that a consumer or business (hereinafter “Customer”) enters into with the Seller regarding the goods displayed by the Seller in its online store. The inclusion of the Customer’s own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 A consumer, as defined by these terms and conditions, is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor attributable to their independent professional activity.

1.3 An entrepreneur, as defined by these terms and conditions, is a 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.

2) Conclusion of contract

2.1 The product descriptions in the seller's online shop are not binding offers from the seller; instead, they are an invitation for the customer to submit a binding offer.

2.2 The customer can 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 contractual offer for the goods in the shopping cart by clicking the button that finalizes the order. The customer can also submit the offer to the seller via email or phone.

2.3 The seller can 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), with the receipt of the order confirmation by the customer being the deciding factor, or
  • by delivering the ordered goods to the customer, with the receipt of the goods by the customer being the deciding factor, or
  • by asking the customer to pay after they've placed their order.

If several of the aforementioned alternatives apply, the contract is 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 at the close of the fifth day following the sending of the offer. If the seller doesn't accept the customer's offer within the aforementioned period, this is considered a rejection of the offer, meaning the customer is no longer bound by their declaration of intent.

2.4 If you choose a payment method offered by PayPal, payment processing is handled by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxemburg (hereinafter: “PayPal”), under the PayPal User Agreement, viewable at https://www.paypal.com/de/legalhub/paypal/useragreement-full or – if the customer doesn't have a PayPal account – under the terms for payments without a PayPal account, viewable at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the customer pays using a PayPal payment method selectable 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 you place an order using the seller's online order form, the seller saves the contract text after the contract is concluded and sends it to you in text form (e.g., email, fax, or letter) after you submit your order. The seller won't make the contract text available in any other way. If you've set up a user account in the seller's online shop before submitting your order, your order data will be archived on the seller's website, and you can access it for free through your password-protected user account using your login details.

2.6 Before submitting a binding order via the seller's online order form, the customer can identify potential input errors by carefully reading the information displayed on the screen. An effective technical tool for better detecting input errors can be the browser's zoom function, which magnifies the display on the screen. The customer can correct their entries during the electronic ordering process using standard keyboard and mouse functions until they click the button that completes the ordering process.

2.7 Different languages are available for concluding the contract. The specific language selection is shown in the online shop.

2.8 Order processing and contact usually happen via email and automated order processing. 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 this address. In particular, if using spam filters, the customer must ensure that all emails sent by the seller or third parties commissioned by the seller for order processing can be delivered.

3) Right of withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 You can find more details on the right of withdrawal in the seller's cancellation policy.

4) Prices and Payment Terms

4.1 Unless the seller's product description states otherwise, the prices listed are total prices, including statutory VAT. Any additional delivery and shipping costs will be specified separately in the respective product description.

4.2 The payment option(s) will be communicated to you in the seller's online shop.

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

4.4If a payment method offered through the "Shopify Payments" payment service is selected, payment processing is handled by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The specific payment methods offered through Shopify Payments are displayed to the customer in the seller’s online store. To process payments, Stripe may use additional payment services, which may be subject to specific payment terms and conditions; the customer may be notified of these separately, if applicable. Further information about “Shopify Payments” is available online at https://www.shopify.com/legal/terms-payments/de.

4.5 If you choose a payment method offered via the "Apple Pay" service, payment processing is handled by Apple Distribution International (Apple), Hollyhill Industrial Estate, Hollyhill, Cork, Ireland ("Apple"). The individual payment methods offered via Apple Pay will be communicated to you in the seller's online shop. Apple may use other payment services for processing payments, which may be subject to special payment terms that you may be separately informed about. More information on Apple Pay is available online at https://www.apple.com/de/apple-pay/.

4.6 If you choose a payment method offered via the "Google Pay" service, payment processing is handled by Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland ("Google"). The individual payment methods offered via Google Pay will be communicated to you in the seller's online shop. Google may use other payment services for processing payments, which may be subject to special payment terms that you may be separately informed about. More information on Google Pay is available online at https://pay.google.com/intl/de_de/about/.

5) Delivery and Shipping Terms

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

5.2 For goods delivered by freight forwarder, delivery is "curbside", meaning to the public curb closest to the delivery address, unless the shipping information in the seller's online shop states otherwise and unless otherwise agreed.

5.3 If delivery of the goods fails due to reasons attributable to you, you bear the reasonable costs incurred by the seller as a result. This does not apply to the costs of sending the goods if you effectively exercise your right of withdrawal. For return costs, if you effectively exercise your right of withdrawal, the provisions made in the seller's cancellation policy apply.

5.4 If you are acting as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to you as soon as the seller has delivered the item to the forwarder, carrier, or other person or institution designated to carry out the shipment. If you are acting as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally only passes to you upon delivery of the goods to you or an authorized recipient. Notwithstanding this, even for consumers, the risk of accidental loss and accidental deterioration of the sold goods already passes to you as soon as the seller has delivered the item to the forwarder, carrier, or other person or institution designated to carry out the shipment, if you commissioned the forwarder, carrier, or other person or institution designated to carry out the shipment and the seller had not previously named this person or institution to you.

5.5If the customer is a consumer domiciled in Germany or a business entity, the seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery to the seller. However, this applies only if the seller is not responsible for the non-delivery and has entered into a specific offsetting transaction with the supplier with due diligence. The seller will make every reasonable effort to procure the goods. In the event that the goods are unavailable or only partially available, the customer will be notified immediately and the purchase price will be refunded without delay.

5.6 If the seller offers goods for pickup, you can collect your ordered items during our specified business hours at the address we provide. No shipping costs will be charged in this case.

6) Retention of Title

If the seller provides goods before payment, they retain ownership of the delivered items until the full purchase price is paid.

7) Liability for Defects (Warranty)

Unless these regulations state otherwise, the statutory provisions for defect liability apply. However, for contracts involving the delivery of goods, the following applies:

7.1 If you're acting as a business customer,

  • the seller gets to choose the type of supplementary performance;
  • for new goods, the limitation period for defect claims is one year from when the goods are delivered;
  • for used goods, defect claims are excluded;
  • the limitation period doesn't restart if a replacement delivery is made under defect liability.

7.2 The liability limitations and shortened deadlines mentioned above don't apply

  • for your claims for damages and reimbursement of expenses,
  • in case the seller fraudulently concealed the defect,
  • for goods that have been used for a building in accordance with their usual purpose and have caused its defectiveness,
  • for any existing obligation of the seller to provide updates for digital products, in contracts for the supply of goods with digital elements.

7.3 Furthermore, for entrepreneurs, the statutory limitation periods for any existing legal right of recourse remain unaffected.

7.4 If the customer acts as a merchant within the meaning of § 1 HGB, they are subject to the commercial duty to inspect and give notice of defects in accordance with § 377 HGB. If the customer fails to comply with the notification obligations regulated therein, the goods are deemed approved.

7.5 If the customer acts as a consumer, they are asked to report delivered goods with obvious transport damage to the delivery person and to inform the seller. If the customer fails to do so, this has no effect on their statutory or contractual claims for defects.

8) Liability

The seller is liable to the customer for all contractual, quasi-contractual, and statutory claims, including tortious claims, for damages and reimbursement of expenses as follows:

8.1 The seller is liable without limitation on any legal ground

  • in cases of intent or gross negligence,
  • in cases of intentional or negligent injury to life, body or health,
  • due to a guarantee promise, unless otherwise stipulated in this regard,
  • due to mandatory liability, such as under the Product Liability Act.

8.2If the customer is a consumer residing in Germany or a business entity, the following limitations of liability apply:

If the seller negligently breaches a material contractual obligation, the seller’s liability is limited to the foreseeable damages typical for this type of contract, unless the seller is liable without limitation in accordance with the preceding paragraph. Material contractual obligations are obligations that the contract imposes on the seller, based on its content, to achieve the purpose of the contract; the fulfillment of which is essential for the proper performance of the contract; and on whose compliance the customer may reasonably rely. In all other respects, the seller’s liability is excluded, unless the seller is liable without limitation in accordance with the preceding paragraph.

8.3The foregoing liability provisions also apply with respect to the Seller’s liability for its agents and legal representatives.

9) Applicable Law

For all legal relationships between the parties, the law of the Federal Republic of Germany applies, excluding the laws on the international sale of movable goods. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.

10) Place of Jurisdiction

If the customer acts as a merchant, a legal entity under public law, or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's business location. If the customer has their registered office outside the territory of the Federal Republic of Germany, the seller's business location is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims from the contract can be attributed to the customer's professional or commercial activity. However, in the aforementioned cases, the seller is always entitled to appeal to the court at the customer's registered office.

11) Alternative Dispute Resolution

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