Conditions
General terms and conditions with customer information
1. Scope
2. Offers and service descriptions
3. Ordering process and conclusion of contract
4. Prices and shipping costs
5. Delivery, availability of goods
6. Payment methods
7. Retention of title
8. Customer Account
9. Warranty for material defects and guarantee
10. Liability
11. Storage of the contract text
12. Final provisions
1. Scope
1.1. For the business relationship between RUGA STUDIOS, owner: Adis Mataruga, Untermooweiler 24, 88239 Wangen im Allgäu (hereinafter “Seller”) and the customer (hereinafter “Customer”), the following General Terms and Conditions apply exclusively in the version valid at the time of the order.
1.2. A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for a purpose that cannot predominantly be attributed to either their commercial or independent professional activity. An entrepreneur 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 independent professional activity.
1.3. Differing conditions from the customer will not be recognized unless the seller expressly agrees to their validity.
2. Offers and service descriptions
2.1 The presentation of the products in the online shop does not constitute a legally binding offer, but rather an invitation to place an order. Service descriptions in catalogs or on the seller's websites do not have the character of an assurance or guarantee.
2.2 All offers are valid “while stocks last”, unless otherwise stated for the products. Otherwise, errors remain.
3. Ordering process and conclusion of contract
3.1. The customer can select products from the seller's range without obligation and collect them in a so-called shopping cart using the "Add to shopping cart" button. The product selection within the shopping cart can be changed, for example deleted. The customer can then proceed to complete the ordering process using the “Continue to checkout” button within the shopping cart.
3.2. Using the “Order with payment” button, the customer submits a binding application to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time and use the browser “back” function to return to the shopping cart or cancel the ordering process altogether. Necessary information is marked with an asterisk (*).
3.3. The seller then sends the customer an automatic confirmation of receipt by email, in which the customer's order is listed again and which the customer can print out using the "Print" function (order confirmation). The automatic confirmation of receipt only documents that the customer's order has been received by the seller and does not constitute acceptance of the application. The purchase contract is only concluded when the seller sends, hands over or arranges for the ordered product to be shipped to the customer within 2 days confirmed to the customer within 2 days with a second email, express order confirmation or sending of the invoice. Acceptance can also occur through a payment request addressed to the customer by the seller and at the latest by completing the payment process. In the case of multiple acceptance processes, the earliest acceptance time is decisive. If the seller does not accept the customer's offer within the acceptance period, no contract is concluded and the customer is no longer bound to his offer.
3.4 In the case of customers who are companies, the aforementioned period for dispatch, handover or order confirmation is seven days instead of two.
3.5. If the seller allows advance payment, the contract is concluded when the bank details and payment request are provided. If the payment is not received by the seller within 10 calendar days of sending the order confirmation despite the due date, even after a renewed request, the seller withdraws from the contract with the result that the order is no longer valid and the seller is not obliged to deliver. The order is then completed without any further consequences for the buyer and seller. When paying in advance, the item is reserved for a maximum of 10 calendar days.
4. Prices and shipping costs
4.1. All prices stated on the seller's website include the applicable statutory sales tax.
4.2. In addition to the stated prices, the seller charges shipping costs for delivery. The shipping costs will be clearly communicated to the buyer on a separate information page and during the ordering process.
5. Delivery, availability of goods
5.1. If advance payment has been agreed, delivery will take place after receipt of the invoice amount.
5.2. If the delivery of the goods fails due to the buyer's fault despite three delivery attempts, the seller can withdraw from the contract. Any payments made will be refunded to the customer immediately.
5.3. If the ordered product is not available because the seller is not supplied with this product by his supplier through no fault of his own, the seller may withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, suggest delivery of a comparable product. If no comparable product is available or the customer does not request delivery of a comparable product, the seller will immediately reimburse the customer for any consideration already provided.
5.4. Customers will be informed about delivery times and delivery restrictions (e.g. limitation of deliveries to certain countries) on a separate information page or within the respective product description.
5.5 In the case of customers who are companies, the risk of accidental loss and accidental deterioration of the goods passes to the buyer as soon as the seller delivers the item to the freight forwarder, the carrier or the person or institution otherwise designated to carry out the shipment has; The stated delivery dates and deadlines are not fixed dates, subject to other promises and agreements.
5.6 The seller is not responsible for delays in delivery and performance due to force majeure and unforeseeable events that make delivery significantly more difficult or impossible for the seller to customers who are entrepreneurs, even if deadlines and dates have been bindingly agreed. In this case, the seller is entitled to postpone the delivery or service for the duration of the hindrance plus a reasonable start-up period. The right to postpone the deadline applies to customers, who are entrepreneurs even in cases of unforeseeable events that affect the operations of a sub-supplier and are not the responsibility of either the supplier or the seller. During the duration of this hindrance, the customer is also released from his contractual obligations, in particular payment. If the delay is unreasonable for the customer, the customer can withdraw from the contract by written declaration after a reasonable deadline to be set by the customer or after mutual consultation with the seller.
6. Payment methods
6.1. The customer can choose from the available payment methods as part of and before completing the ordering process. Customers are informed about the payment methods available on a separate information page.
6.2. If payment by invoice is possible, payment must be made within 30 days of receipt of the goods and the invoice. For all other payment methods, payment must be made in advance without deductions.
6.3. Are third-party providers commissioned to process payments, e.g. Paypal. their general terms and conditions apply.
6.4. If the due date for payment is determined according to the calendar, the customer is already in default by missing the deadline. In this case, the customer must pay the statutory default interest.
6.5. The customer's obligation to pay default interest does not preclude the seller from claiming further damages due to default.
6.6. The customer only has the right to offset if his counterclaims have been legally established or recognized by the seller. The customer can only exercise a right of retention if the claims result from the same contractual relationship.
7. Retention of title
The delivered goods remain the property of the seller until full payment has been made.
For customers who are entrepreneurs, the following also applies: The seller reserves ownership of the goods until all claims from an ongoing business relationship have been settled in full; The buyer is obliged to treat the purchased item with care as long as ownership has not yet been transferred to him. In particular, he is obliged to adequately insure them against new value against theft, fire and water damage at his own expense, if appropriate or as is customary in the industry. If maintenance and inspection work needs to be carried out, the buyer must carry this out in a timely manner at his own expense. The processing or transformation of the reserved goods by the customer is always carried out for the seller. If the reserved goods are processed with other items that do not belong to the seller, the seller acquires co-ownership of the new item in proportion to the value of the reserved goods to the other processed items at the time of processing. The same applies to the item resulting from processing as to the reserved goods. The customer also assigns the claim to secure the claims against him that arise from the connection of the reserved goods with a property against a third party. The customer must immediately report any access by third parties to the goods owned or co-owned by the seller. The customer shall bear any costs arising from such interventions for a third-party objection lawsuit or costs for an extra-procedural release. The customer is entitled to resell the reserved goods in the ordinary course of business. The customer assigns all claims arising from resale or other legal grounds regarding the reserved goods (including all balance claims from current accounts) to the seller as security. The seller revocably authorizes the customer to collect the claims assigned to the seller for his account and in his own name. This direct debit authorization can be revoked if the customer does not properly meet his payment obligations. The seller undertakes to release the securities to which the seller is entitled at the customer's request if their total sales value exceeds the sum of all of the seller's outstanding claims from the business relationship by more than 10% (if there is a risk of realization by more than 50%). The choice of securities to be released is incumbent upon the seller. With the settlement of all claims of the seller from delivery transactions, ownership of the reserved goods and the assigned claims pass to the buyer. The choice of securities to be released is incumbent upon the seller.
8. Customer Account
8.1 The seller provides customers with a customer account. Within the customer account, customers are provided with information about the orders and their customer data stored by the seller. The information stored in the customer account is not public.
8.2. Customers can also place an order as a guest without having to create a customer account.
8.3. Customers are obliged to provide truthful information in the customer account and to adapt the information to changes in actual circumstances, to the extent this is necessary (e.g. the changed email address in the event of a change or the changed postal address before an order). Customers are responsible for any disadvantages resulting from incorrect information.
8.4. The customer account may only be used in accordance with the applicable legal regulations, in particular the regulations for the protection of third party rights, and in accordance with the seller's general terms and conditions using the access masks and other technical access options provided by the seller. Any other type of use, particularly through external software such as bots or crawlers, is prohibited.
8.5. To the extent that customers store, provide or otherwise post content or information (hereinafter referred to as “content”) within the customer account, the customers are responsible for this information. The seller does not adopt the customer's content as his own. However, the seller reserves the right to take appropriate measures depending on the degree of risk of legal infringement posed by the content, in particular the risk to third parties. Measures that take into account the criteria of necessity, appropriateness, care, objectivity as well as reasonableness and the interests of all those involved, in particular the fundamental rights of customers, may include the (partial) deletion of content, requests for action and explanations, warnings and warnings as well as house bans.
8.6. Customers can terminate the customer account at any time. The seller can terminate the customer account at any time with a reasonable notice period, which is usually two weeks. The termination must be reasonable for the customer. The seller reserves the right to terminate the contract for extraordinary reasons.
8.7. From the time of termination, the customer account and the information stored in the customer account are no longer available to the customer. It is the customer's responsibility to secure their data when terminating the customer account.
9. Warranty for material defects and guarantee
9.1. The warranty (liability for defects) is determined by statutory provisions, subject to the following regulations.
9.2. A guarantee only exists for the goods delivered by the seller if this has been expressly provided. Customers will be informed about the warranty conditions before initiating the ordering process.
9.3 If the customer is an entrepreneur, he must inspect the goods immediately, without prejudice to statutory obligations to give notice of defects, and report any recognizable material defects to the supplier in writing immediately, at the latest within two weeks of delivery, and report non-recognizable material defects immediately, at the latest within two weeks of discovery. Commercially acceptable or minor deviations in quality, weight, size, thickness, width, finish, pattern and color that are permissible in accordance with quality standards are not defects.
9.4 If the customer is an entrepreneur, the seller can choose between repairs or subsequent delivery of defective goods.
9.5 Without prejudice to the liability provisions of these General Terms and Conditions, for customers who are entrepreneurs, material defects generally expire one year after the transfer of risk, unless longer periods are mandatory by law, in particular in the case of special provisions for recourse by the entrepreneur. For used goods, the warranty for customers who are entrepreneurs is excluded.
9.6 If the customer, who is an entrepreneur, has installed the defective item within the meaning of Section 439 Para. 3 BGB in another item or attached it to another item in accordance with its nature and intended use, the seller is, subject to an express agreement and without prejudice to the other warranty obligations, within the scope of subsequent performance, is not obliged to reimburse the customer for the necessary expenses for removing the defective item and installing or attaching the repaired or delivered defect-free item. Accordingly, the seller is also not obliged to reimburse expenses for the removal of the defective item and the installation or attachment of the repaired or delivered defect-free item as part of a recourse by the customer within the scope of the supply chain (ie between the customer and its customers).
10. Liability
10.1. The following exclusions and limitations of liability apply to the seller's liability for damages, without prejudice to the other legal requirements for claims.
10.2. The seller is liable without limitation if the cause of the damage is due to intent or gross negligence.
10.3. Furthermore, the seller is liable for the slightly negligent violation of essential obligations, the violation of which jeopardizes the achievement of the purpose of the contract, or for the violation of obligations whose fulfillment enables the proper execution of the contract in the first place and on whose compliance the customer regularly relies. In this case, however, the seller is only liable for foreseeable, contract-typical damage. The seller is not liable for the slightly negligent violation of obligations other than those mentioned in the previous sentences.
10.4. The above limitations of liability do not apply in the event of injury to life, body or health, for a defect after a guarantee has been given for the quality of the product and for defects that are fraudulently concealed. Liability under the Product Liability Act remains unaffected.
10.5. To the extent that the seller's liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
11. Storage of the contract text
11.1. The customer can print out the contract text before submitting the order to the seller by using the print function of their browser in the last step of the order.
11.2. The seller also sends the customer an order confirmation with all order details to the email address he provided. With the order confirmation, but at the latest when the goods are delivered, the customer will also receive a copy of the general terms and conditions along with cancellation instructions and information on shipping costs as well as delivery and payment conditions. If you have registered in our shop, you can view the orders you have placed in your profile area. In addition, we store the text of the contract, but do not make it accessible on the Internet.
11.3 Customers who are entrepreneurs can receive the contract documents by email, in writing or by referring to an online source.
12. Final provisions
12.1. If the buyer is an entrepreneur, the place of performance is, subject to other agreements or mandatory legal regulations, the seller's registered office, while the place of jurisdiction is at the seller's registered office if the customer is a merchant, a legal entity under public law or a special fund under public law or the buyer is in the country of residence the seller has no general place of jurisdiction. The seller reserves the right to choose another permissible place of jurisdiction.
12.2 In the case of entrepreneurs, the law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods, as long as there are no mandatory legal regulations to the contrary.
12.3. The contract language is German.
12.4. European Commission platform for online dispute resolution (OS) for consumers: http://ec.europa.eu/consumers/odr/ . We are neither willing nor obliged to take part in a dispute resolution procedure before a consumer arbitration board.
As of January 22, 2024