Terms of Use

Terms & Conditions (online shop) of ruwido austria gmbh
Valid from: 11/2022 in Austria

Provider

ruwido austria gmbh
Köstendorfer Str. 8
5202 Neumarkt am Wallersee

Company number: FN 50621v
Commercial register court: Salzburg District Court

Tel: +43 6216 4571-0
Email: office@ruwido.com
VAT number: ATU 51826109
Member of the trade association for the electrical and electronics industry of the Austrian Chamber of Commerce

(hereinafter referred to as ‘ruwido’)

1. Scope

The deliveries, services and offers of ruwido in the online shop on the website www.i-am-liza.com are subject exclusively to these Terms & Conditions; ruwido does not acknowledge any terms and conditions of the customer which contradict or deviate from these Terms & Conditions, unless ruwido has expressly agreed to their validity.

2. Goods, presentation of content, order process, conclusion of contract

2.1 Essential characteristics of the goods

In its online shop on the website www.i-am-liza.com, ruwido sells remote controls for lighting, music and TV [liza], which bear the liza logo. The product can only be used with the related liza app (available in the Google Play Store and Apple Store). The customer is aware of this at the time of purchasing the product. Reference is made to the corresponding Terms of Use for the liza app.

2.2. Presentation of content in the online shop

The presentation of content on the internet at https://shop.i-am-liza.com (online shop) does not constitute a legally binding offer but, rather, a non-binding online catalogue. If products are offered on this website, these offerings are subject to change and subject to availability and deliverability. If ordered goods are not available or cannot be delivered, no contract can be concluded; in such case, the customer will be informed and, if possible, offered alternatives.

2.3. Order process, conclusion of contract

The order process is as follows:

The desired product is selected and added to the shopping cart by clicking ‘Add to cart’;
after clicking the button ‘Check out’, the customer enters their contact details (first name, surname, street and house number, postcode, town, country, email address);
after clicking the button ‘Continue to shipping’, an overview of the contact details and ship-to details is displayed, including the option to change them;
after clicking the button ‘Continue to payment’, the customer chooses the payment method and enters the corresponding details;
after clicking the button ‘Review order’, a summary of the order is displayed, and the order can be checked and corrected if necessary;
by clicking the button ‘Confirm purchase’, the customer places a binding order for the goods that are in the cart at that moment in time.
Immediately after sending the order, the customer receives an automated email confirming that the order has been received. However, the purchase contract will not come into being with this confirmation of receipt but, rather, upon receipt of the shipping confirmation, otherwise upon delivery of the goods.

3. Rescission right of the consumer pursuant to Art. 11 FAGG (Act on Distance Selling and Contracts; Fern- und Auswärtsgeschäfte-Gesetz)

3.1 The customer, the consumer within the meaning of KSchG (Consumer Protection Act; Konsumentenschutzgesetz), may rescind a contract not concluded on the ruwido premises or a distance selling contract within 14 working days, unless a legal exception applies.

3.2 The time limit for rescission is 14 calendar days. In the case of contracts for the delivery of goods, this period begins on the day that the goods are delivered to the consumer (customer) or to a third party named by them who is not the carrier. In the case of a contract for several goods ordered in a single order and delivered separately, the period begins on the day that the last delivery is received by the consumer (customer) or by a third party named by them who is not the carrier. It is sufficient if the consumer (customer) has sent the statement of rescission within the time limit.

3.3 The statement of rescission, which is available at https://shop.i-am-liza.com, can also be sent electronically by email. The information about the conditions of the consumer’s (customer’s) rescission right, the deadlines and the assertion of the right is also provided in the form that is attached in Annex ./1 and has been pre-populated by ruwido. The consumer (customer) may exercise the rescission right using the form attached in Annex ./1. This can also be found on the website of the online shop at https://shop.i-am-liza.com. ruwido will immediately send confirmation of receipt of the statement of rescission (e.g. by email).

3.4 If the consumer (customer) rescinds the contract, then in return

ruwido must reimburse the payments made by the consumer (customer) including the shipping costs (except the extra cost of selecting a shipping option other than the cheapest, standard method that ruwido offers) as well as any other necessary and appropriate expenses paid by the consumer (customer),
and the consumer (customer) is obliged to return the received goods and to pay ruwido an appropriate fee for using them, including compensation for any corresponding reduction in the fair value of the goods.
The consumer must bear the direct costs for returning the goods.

4. Prices, shipping costs

4.1 Prices are shown alongside each item on the home page of the online shop. All prices quoted by ruwido include VAT, unless expressly stated otherwise.

4.2 ruwido’s prices include the cost of shipping.

5. Payment terms, late-payment interest

Payment must be made in advance (Shopify Payments, credit card, PayPal). If payment from the customer is outstanding, ruwido is entitled to charge the customer late-payment interest at the statutory rate. For consumers within the meaning of KSchG, the rate is 4% p.a.

6. Reminder and debt collection costs

If payment is outstanding, the customer is obliged to reimburse ruwido for any reminder and debt collection costs that ruwido incurs in asserting its corresponding legal rights. This shall not affect any further rights and claims.

7. Default in acceptance

If the customer fails to take delivery of the goods as agreed (default in acceptance) despite being set a corresponding grace period by ruwido, ruwido may store the goods on its premises and charge a storage fee of 0.1% of the gross invoice amount per calendar day or part thereof, or it may have the goods stored by an external service provider at the customer’s own risk and expense. ruwido will also be entitled to either insist on performance of the contract or to rescind the contract after setting a reasonable grace period of at least two weeks and to otherwise dispose of the goods.

8. Delivery terms

8.1 ruwido only delivers in Austria, Germany and Switzerland; the customer’s domicile or ordinary residence must be in the respective country.

8.2 Unless specified otherwise in the order confirmation, ruwido will send the goods within two working days after receiving payment.

8.3 ruwido is entitled to exceed the agreed delivery dates and periods by up to one week. Only after this period has expired and a reasonable grace period has been set is the customer entitled to rescind the contract.

9. Warranty and liability

In the event of inadequate performance by ruwido, the customer has the right to assert warranty claims within the scope of the statutory warranty provisions.

ruwido is liable for all claims for damages by the customer that relate to death, injury or impairment of health or to a breach of an essential contractual obligation; ruwido is also liable for other damages resulting from an intentional or grossly negligent breach of duty by legal representatives or vicarious agent of ruwido, as well as for contractually agreed warranties and for any claims resulting from the applicability of the Product Liability Act (Produkthaftungsgesetz), if these have been caused by ruwido or its legal representatives or vicarious agents. ruwido accepts no further liability.

Despite the latest technology, it is not possible to guarantee that data communication over the internet will be fault-free and uninterrupted at all times; in particular, ruwido therefore accepts no liability for technical or electronic faults that are outside of its control, nor for the constant and uninterrupted availability of the online shop.

10. Retention of title

All goods are delivered by ruwido under retention of title and shall remain the property of ruwido until payment has been received in full. The assertion of the retention of title shall only constitute a rescission of the contract if this is expressly declared. If goods are taken back, ruwido is entitled to charge for any transport and handling costs incurred. If the goods that are subject to retention of title are accessed by third parties (especially by seizure), the customer is obliged to make these parties aware of ruwido’s right to ownership and must inform ruwido immediately. If the customer is a consumer or not an entrepreneur whose ordinary business operations include trading in the goods acquired from ruwido, they may not dispose of the goods that are subject to retention of title until payment for them has been received in full; in particular, this includes selling, pledging, giving away or loaning the goods. The customer shall bear the full risk for the goods that are subject to retention of title, particularly the risk of destruction, loss or deterioration.

11. Rescission right of ruwido, unjustified rescission by the customer

11.1 In the case of default in acceptance (Art. 7) or other important reasons (e.g. payment from the customer is outstanding), ruwido is entitled to rescind the contract if the contract has not yet been performed in full by both parties. If the contract is rescinded and the customer is at fault, ruwido, at its own discretion, is entitled to demand that the customer compensates ruwido either by paying a flat fee of 15% of the gross invoice amount or by reimbursing the actual losses incurred. If payment from the customer is outstanding, ruwido will be released from all further performance and delivery obligations and will be entitled to withhold any outstanding goods or services and demand payment in advance or securities, or it may rescind the contract after setting a reasonable grace period.

11.2 If the customer rescinds the contract or asks to rescind it without being entitled to do so, ruwido may still insist on the performance of the contract or may agree to terminate it; in the latter case, ruwido, at its own discretion, is entitled to demand that the customer compensates ruwido either by paying a flat fee of 15% of the gross invoice amount or by reimbursing the actual losses incurred.

12. Arbitration body, dispute resolution

The European Commission provides a platform for online dispute resolution (ODR). Consumers can generally use this platform to settle their disputes. As a consumer, the customer can use the ODR platform to settle disputes with our company: https://ec.europa.eu/consumers/odr. ruwido will not participate in a dispute resolution process before this body.

13. Data protection

ruwido processes the personal data that is needed for the purpose of performing the contract. Detailed information about data protection is provided in the Privacy Policy in the online shop at https://shop.i-am-liza.com.

14. Address changes, intellectual property

14.1 The customer is obliged to inform ruwido of any changes to their residential or business address if the contract has not yet been performed in full by both parties. If ruwido is not informed of a change of address, declarations will be deemed to have been received by the customer if sent to the last address provided.

14.2 Plans, drawings and other technical documents, as well as samples, catalogues, brochures, images and suchlike, shall remain the intellectual property of ruwido at all times; the customer shall not acquire any usage or exploitation rights to these whatsoever.

15. Place of performance, contract language, choice of law, place of jurisdiction

The place of performance is the location where ruwido has its registered office.
The authoritative contract language is German.
If the transaction is not a consumer transaction, the competent court in the local jurisdiction where ruwido has its registered office shall exclusively preside over all disputes arising from this contract.
This contract is subject to applicable Austrian law, under exclusion of conflict of law rules of private international law (e.g. Rome Convention, ROM I Regulation) and the UN Convention on Contracts for the International Sale of Goods. This choice of law shall only apply to consumers to the extent that it does not limit any mandatory legal provisions of the state in which the consumer has their domicile or ordinary residence.

16. Final provisions

All declarations of a legally binding nature that are based on this contract must be made in writing (which can also include email) to the most recent address provided by the other contracting party in writing. If a declaration is sent to the most recent address provided in writing, it will be deemed to have been received by the respective contracting party.
The wording of the headings of the different sections has been chosen solely for the sake of clarity and shall have no bearing on how this contract is interpreted.

Annex ./1

Information about exercising the rescission right

You have the right to rescind this contract within 14 days without having to provide reasons.

The 14-day time limit for rescission begins on the day that the goods are first received by you or by a third party named by you who is not the carrier.

To exercise your rescission right, you must inform us (ruwido austria gmbh, Köstendorferstr. 8, 5202 Neumarkt am Wallersee, Austria) of your decision to rescind this contract by means of a clear declaration (e.g. a letter sent by post, fax or email); you can, but do not have to, use the attached rescission form template for this purpose.

Sending the statement of rescission before the end of the time limit for rescission will be deemed sufficient for observing the time limit.

Consequences of rescission

If you rescind this contract, we are obliged to refund all payments that we have received from you, including shipping costs (except the extra cost of selecting a delivery option other than the cheapest, standard one offered by us). We will provide this refund as soon as possible, but no later than 14 days after the day on which we received your notice to rescind this contract. For this refund, we will use the same payment method that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this refund. We are entitled to refuse the refund until we have received the goods again or until you have proved that you have sent back the goods, whichever is the earlier.

You must return the goods to us at the following address immediately, but no later than 14 days after the day on which you notified us that you wish to rescind this contract:

ruwido austria gmbh
Koestendorfer Str. 8
5202 Neumarkt am Wallersee
Austria

This deadline will be deemed to have been met if you send the goods before the end of the 14-day period.

You must bear the direct costs for returning the goods.

Rescission form template

(If you wish to rescind the contract, please complete this form and return it to us)

To
ruwido austria gmbh
Köstendorfer Str. 8
5202 Neumarkt am Wallersee
Austria

I/we (*) hereby wish to rescind the contract that I/we (*) have concluded for the purchase of the following goods (*)

– Ordered on (*)/received on (*)
– Name of the consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only for notifications on paper)
– Date

(*) Delete as appropriate.

Terms & Conditions (online shop) of ruwido austria gmbh
Valid from: 11/2022 in Germany

Provider

ruwido austria gmbh
Köstendorfer Str. 8
5202 Neumarkt am Wallersee

Company number: FN 50621v
Commercial register court: Salzburg District Court

Tel: +43 6216 4571-0
Email: office@ruwido.com
VAT number: ATU 51826109
Member of the trade association for the electrical and electronics industry of the Austrian Chamber of Commerce

(hereinafter referred to as ‘ruwido’)

1. Scope

2. Goods, presentation of content, order process, conclusion of contract

2.1 Essential characteristics of the goods

2.2. Presentation of content in the online shop

2.3. Order process, conclusion of contract

The order process is as follows:

The desired product is selected and added to the shopping cart by clicking ‘Add to cart’;
after clicking the button ‘Check out’, the customer enters their contact details (first name, surname, street and house number, postcode, town, country, email address);
after clicking the button ‘Continue to shipping’, an overview of the contact details and ship-to details is displayed, including the option to change them;
after clicking the button ‘Continue to payment’, the customer chooses the payment method and enters the corresponding details;
after clicking the button ‘Review order’, a summary of the order is displayed, and the order can be checked and corrected if necessary;
by clicking the button ‘Confirm purchase’, the customer places a binding order for the goods that are in the cart at that moment in time.
Immediately after sending the order, the customer receives an automated email confirming that the order has been received. However, the purchase contract does not come into being with this confirmation of receipt but, rather, upon receipt of the shipping confirmation, otherwise upon delivery of the goods.

3. Right of withdrawal

You have the right to withdraw from this contract within 14 days without having to provide reasons.

The withdrawal period of 14 days begins on the day that the last partial delivery or the last item is received by you or by a third party named by you who is not the carrier.

To exercise your right of withdrawal, you must notify us (ruwido austria gmbh, Köstendorferstr. 8, 5202 Neumarkt am Wallersee, Austria, Tel.: 0043 (0) 6216 4571 – 0, email: office@ruwido.com) of your decision to withdraw from this contract; this must be done by means of a clear statement (e.g. by letter, fax or email). You may, but do not have to, use the provided withdrawal form template for this purpose.

Sending the withdrawal notice before the end of the withdrawal period will be deemed sufficient for observing the withdrawal period.

Consequences of withdrawal

If you withdraw from this contract, we are obliged to refund all payments that we have received from you, including shipping costs (except the extra cost of selecting a delivery option other than the cheapest, standard one offered by us). We will provide this refund as soon as possible, but no later than 14 days after the day on which we received your notice to withdraw from this contract. For this refund, we will use the same payment method that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this refund.

You must return the goods to us at the following address immediately, but no later than 14 days after the day on which you notified us that you wish to withdraw from this contract:

ruwido austria gmbh
Koestendorfer Str. 8
5202 Neumarkt am Wallersee
Austria

This deadline will be deemed to have been met if you send the goods before the end of the 14-day period.

End of withdrawal policy

(If you wish to withdraw from the contract, please complete the form in Appendix ./1 and return it to us. The form can also be found on the website of the online shop https://shop.i-am-liza.com.)

4. Prices, shipping costs

4.1 Prices are shown alongside each item on the home page of the online shop. All prices quoted by ruwido include VAT, unless expressly stated otherwise.

4.2 ruwido’s prices include the cost of shipping.

4.3 The price (including VAT and any shipping costs) is also displayed on the order screen before the customer submits the order.

5. Payment terms, late-payment interest

6. Default in acceptance

If the customer does not take delivery of the goods as agreed, this will be deemed as default in acceptance.

7. Delivery terms

7.1 ruwido only delivers in Austria, Germany and Switzerland; the customer’s domicile or ordinary residence must be in the respective country.

7.2 Unless specified otherwise in the order confirmation, ruwido will send the goods within two working days after receiving payment.

7.3 ruwido is entitled to exceed the agreed delivery dates and periods by up to one week. Only after this period has expired and a reasonable grace period has been set is the customer entitled to revoke the contract.

8. Warranty and liability

8.1 In the event of inadequate performance by ruwido, the customer has the right to assert warranty claims within the scope of the statutory warranty provisions.

8.2 ruwido is liable towards the customer in all cases of contractual and non-contractual liability arising from intent and gross negligence for compensation or reimbursement of expenses incurred in vain in accordance with the legal provisions.

8.3 In other cases, ruwido is only liable (unless agreed otherwise in 8.4) in the event of a breach of a contractual obligation, the fulfilment of which is essential to enable the proper performance of the contract in the first place (‘essential obligation’); this liability is limited to compensation for foreseeable and typical damage. In all other cases, ruwido accepts no liability, subject to the provisions in 8.4.

8.4 ruwido’s liability for damages due to death, physical injury or impairment of health and under the Product Liability Act (Produkthaftungsgesetz) remains unaffected by the aforementioned limitations and exclusions of liability.

8.5 Despite the latest technology, it is not possible to guarantee that data communication over the internet will be fault-free and uninterrupted at all times; in particular, ruwido therefore accepts no liability for technical or electronic faults that are outside of its control, nor for the constant and uninterrupted availability of the online shop.

9. Retention of title

All goods are delivered by ruwido under retention of title and shall remain the property of ruwido until payment has been received in full. If the goods that are subject to retention of title are accessed by third parties (especially by seizure), the customer is obliged to make these parties aware of ruwido’s right to ownership and must inform ruwido immediately. If the customer is a consumer or not an entrepreneur whose ordinary business operations include trading in the goods acquired from ruwido, they may not dispose of the goods that are subject to retention of title until payment for them has been received in full; in particular, this includes selling, pledging, giving away or loaning the goods. The customer shall bear the full risk for the goods that are subject to retention of title, particularly the risk of destruction, loss or deterioration.

10. Right of revocation of ruwido, unjustified revocation by the customer

10.1 In case of default in acceptance (Art. 7) or other important reasons, ruwido has the right to revoke the contract. ruwido may claim damages in the amount of 10% of the gross purchase price. This compensation may be set higher or lower if ruwido is able to prove that the damages were higher than this or the customer is able to prove that they were lower.

10.2 If the customer revokes or asks to revoke the contract without being entitled to do so, ruwido may still insist on the performance of the contract or may agree to terminate it; ruwido may claim damages in the amount of 10% of the gross purchase price. This compensation may be set higher or lower if ruwido is able to prove that the damages were higher than this or the customer is able to prove that they were lower.

11. Arbitration body, dispute resolution

12. Data protection

13. Address changes, intellectual property

13.1 The customer is obliged to inform ruwido of any changes to their residential or business address if the contract has not yet been performed in full by both parties. If ruwido is not informed of a change of address, declarations will be deemed to have been received by the customer if sent to the last address provided.

13.2 Plans, drawings and other technical documents, as well as samples, catalogues, brochures, images and suchlike, shall remain the intellectual property of ruwido at all times; the customer shall not acquire any usage or exploitation rights to these whatsoever.

14. Place of performance, contract language, choice of law, place of jurisdiction

14.1 The place of performance is the location where ruwido has its registered office.

14.2 The authoritative contract language is German.

14.3 If the transaction is not a consumer transaction, any disputes shall be presided over exclusively by the competent court in the local jurisdiction where ruwido has its registered office.

14.4 This contract is subject to applicable Austrian law, under exclusion of conflict of law rules of private international law (e.g. Rome Convention, ROM I Regulation) and the UN Convention on Contracts for the International Sale of Goods. This choice of law shall only apply to consumers to the extent that it does not limit any mandatory legal provisions of the state in which the consumer has their domicile or ordinary residence.

15. Final provisions

15.1 All declarations of a legally binding nature that are based on this contract must be made in writing (which can also include email) to the most recent address provided by the other contracting party in writing. If a declaration is sent to the most recent address provided in writing, it will be deemed to have been received by the respective contracting party.

15.2 The wording of the headings of the different sections has been chosen solely for the sake of clarity and shall have no bearing on how this contract is interpreted.

Annex ./1

Withdrawal form template

(If you wish to withdraw from the contract, please complete this form and return it to us)

To
ruwido austria gmbh
Köstendorfer Str. 8
5202 Neumarkt am Wallersee
Austria
Email: office@ruwido.com

I/we (*) hereby wish to withdraw from the contract that I/we (*) have concluded for the purchase of the following goods (*)

– Ordered on (*)/received on (*)
– Name of the consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only for notifications on paper)
– Date

(*) Delete as appropriate.

Terms & Conditions (Switzerland)

ruwido austria gmbh
Köstendorfer Str. 8
5202 Neumarkt am Wallersee
Austria

Company number: FN 50621v
Commercial register court: Salzburg District Court

Tel: +43 6216 4571-0
Email: office@ruwido.com
VAT number: ATU 51826109
Member of the trade association for the electrical and electronics industry of the Austrian Chamber of Commerce

(hereinafter referred to as ‘ruwido’)

1. Scope of the Terms & Conditions

The deliveries, services and offers of the ruwido online shop are subject exclusively to these Terms & Conditions, even if they are not expressly agreed again. These Terms & Conditions will be deemed to have been accepted upon ordering the goods or service. Any terms and conditions of the customer are hereby rejected. Deviations from the Terms & Conditions will only be valid if confirmed in writing by ruwido.

2. Essential characteristics of the goods

In its online shop on the website www.i-am-liza.com, ruwido sells remote controls for lighting, music and TV [liza], which bear the liza logo. The information in the sales documents (illustrations, images, dimensions, weights and other details) is provided for guidance only and does not constitute an assurance of certain characteristics unless expressly described as binding in writing.

3. Conclusion of contract, prices

The content presented on the internet at https://shop.i-am-liza.com (online shop) does not constitute a legally binding offer but, rather, a non-binding online catalogue as well as an invitation for the customer to place a corresponding, binding order. If products are offered on this website, these offerings are subject to change and subject to availability and deliverability. If ordered goods are not available or cannot be delivered, no contract can be concluded; in such case, the customer will be informed and, if possible, offered alternatives.

By clicking the button ‘Confirm purchase’, the customer places a binding order for the goods that are in the cart at that moment in time. In connection with this process, the customer is obliged to complete the fields in the order form completely and truthfully. Orders from persons who provided incomplete or incorrect data when registering cannot be processed.

Immediately after sending the order, you will receive an automated email confirming the order. However, the purchase contract does not come into being with this order confirmation but, rather, upon receipt of the shipping confirmation, otherwise upon delivery of the goods.

Prices are shown alongside each item on the home page of the online shop. Unless expressly stated otherwise, all prices are quoted by ruwido in Swiss francs (CHF) and include VAT and shipping costs.

4. Payment terms

Payment must be made in advance (Shopify Payments, credit card, PayPal). If payment from the customer is outstanding, ruwido is entitled to charge late-payment interest at the statutory rate (currently 5% p.a.). ruwido reserves the right to assert further claims for damages for outstanding payment. ruwido is entitled to charge the customer a flat fee of CHF 40.00 per reminder that is issued.

If payment from the customer is outstanding, ruwido is also entitled to charge the customer compound interest from the day that the goods are delivered.

Furthermore, while the payment remains outstanding, ruwido is entitled to withdraw from the contract at any time, demand that the delivered goods are returned and claim damages for non-performance of the contract.

5. Terms of delivery and performance, transfer of risk

ruwido only delivers to Austria, Germany and Switzerland.

Unless specified otherwise in the order confirmation, ruwido will send the goods within two working days after receiving payment. ruwido is entitled to exceed the agreed delivery dates and periods by up to two weeks. Only after this period is the customer entitled to declare ruwido in default by issuing a formal reminder, and the customer may proceed in accordance with Art. 107 et seq. OR (Swiss Code of Obligations; Obligationenrecht) in the event of continued non-performance.

The risk will transfer to the customer as soon as the goods have been handed over to the assigned carrier. If shipping is delayed or not possible for reasons that ruwido is not responsible for, the risk will transfer to the customer upon notification that they are ready to be shipped.

6. Right of revocation

There is no right of revocation.

7. Warranty

In the event of inadequate performance by ruwido, the customer has the right to assert warranty claims within the scope of the statutory warranty provisions pursuant to Art. 197 et seq. OR, whereby the following provisions must be observed and shall take precedence over any deviating legal provisions:

The customer must inspect the goods for damage immediately after delivery, i.e. within two days. Any defects that are visible or discovered during the immediate inspection must be reported to ruwido within seven calendar days at the latest. The statutory warranty period of two years is a limitation period, not a warranty period. Any warranty rights will therefore be forfeited if the goods are not inspected immediately and a visible or discovered defect is not reported right away.

If the operating or maintenance instructions are not followed, if modifications are made, if parts are replaced or if consumables are used that do not match the original specifications, any warranty will be forfeited if the defect can be attributed to this. The same applies for defects that are attributable to incorrect use, storage and handling of the devices, external tampering, or opening up the devices.

Insignificant deviations from assured characteristics of the goods shall not give rise to any warranty rights. ruwido accepts no liability for normal wear and tear, for consumables and accessories, or for batteries that are provided or installed.

In the event of a warranty claim, the customer will be entitled to have the goods repaired or replaced or to cancel the order, whereby the form of remedial action will be chosen by ruwido alone. If ruwido decides to cancel the order, a credit note will be issued for the current price (up to the sales price that applied when the order was placed).

The warranty limitation period will not be interrupted by a warranty claim. The replacement of components, assemblies or entire devices will not give rise to new warranty periods.

8. Default in acceptance

In the event of default in acceptance or if payment from the customer is outstanding, ruwido will be released from all further performance and delivery obligations and will be entitled to withhold any outstanding goods or services. In the event of default in acceptance after ruwido has set a corresponding grace period, ruwido may store the goods on its premises and charge a storage fee of 0.1% of the gross invoice amount per calendar day or part thereof, or it may have the goods stored by an external service provider at the customer’s own risk and expense. At the same time, ruwido will be entitled to either insist on performance of the contract, or to withdraw from the contract after setting a reasonable grace period of at least two weeks and to otherwise dispose of the goods. In such case, ruwido will be entitled to demand, at its own discretion, that the customer compensates ruwido either by paying a flat fee of 25% of the agreed purchase price or by reimbursing the actual losses incurred.

9. Limitation of liability

Claims for damages, whether against ruwido or its vicarious agents and representatives, arising from impossibility of performance, breach of contract, culpa in contrahendo or prohibited acts are excluded, except in the case of intent or grossly negligent behaviour. ruwido accepts no liability whatsoever for consequential damage or loss resulting from the use of the products.

Despite the latest technology, it is not possible to guarantee that data communication over the internet will be fault-free and uninterrupted at all times; ruwido therefore accepts no liability in this sense, especially for technical or electronic faults that are outside of its control or for the constant and uninterrupted availability of the online shop.

10. Arbitration body, dispute resolution, place of jurisdiction

The European Commission provides a platform for online dispute resolution (ODR). Consumers can generally use this platform to settle their disputes.

As a consumer, the customer can use the ODR platform to settle disputes with our company: https://ec.europa.eu/consumers/odr.

ruwido will not participate in a dispute resolution process before this body.

The place of jurisdiction for disputes arising from the contractual relationship or any non-contractual relationships between the parties is the location where ruwido has its registered office.

11. Final provisions

The German language is hereby agreed as the authoritative language for orders, contracts and business transactions. Swiss law applies, under express exclusion of the UN Convention on Contracts for the International Sale of Goods as well as IPRG (Federal Act on International Private Law; Bundesgesetz über das Internationale Privatrecht). The provisions of these Terms & Conditions shall take precedence over the legal provisions if the latter are not of a mandatory nature.

ruwido reserves the right to change these Terms & Conditions at any time. The Terms & Conditions that are valid and published by ruwido upon concluding the contract shall apply.

Should any provision of these Terms & Conditions be invalid, this shall not affect the validity of the remaining provisions or the validity of the Terms & Conditions as a whole. The relevant legal provisions shall apply in place of an invalid provision.