Terms of Service
For the business relationship between culto GmbH (hereinafter called culto) and our customers, the following general terms and conditions apply exclusively in the version valid at the time of the order.
Culto does not recognize deviating conditions of the customer unless culto has expressly agreed to their validity in writing.
2. Conclusion of contract
2.1. Customers can order by email, fax or letter by completing and sending the order form. The order represents a binding offer, which Culto accepts at the latest by sending the goods, unless an express acceptance has already been made beforehand.
2.2. The goods are shipped against Vorausüberweisung.
2.3. If the goods are not available, culto reserves the right not to provide the promised service and to immediately refund the purchase price to the customer. Culto will inform customers of this immediately.
3.1. culto delivers within Germany for a shipping and packaging flat rate of € 6,95.
3.2. If customers order from other countries or want to have them delivered to other countries, they can send culto a non-binding inquiry. culto will then contact the customer about delivery options and shipping costs.
3.3. The delivery takes place in 5 - 6 working days after placing the payment order of the customer to his bank.
4.1. If the goods are defective, the statutory provisions on liability for defects apply.
4.2. For the rest, culto is liable for damages in the event of intent and gross negligence.
Culto is liable for simple negligence
a) for damage from injury to life, limb or health,
b) for damages from the breach of an essential contractual obligation (obligation, the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which the customer regularly trusts and can trust); in this case, liability is limited to the replacement of the foreseeable, typically occurring damage.
Liability according to the provisions of the Product Liability Act and to the extent of an assumed guarantee remains unaffected.
The above limitation of liability also applies to the personal liability of employees, vicarious agents, representatives and organs of culto ..
5. Terms of payment
5.1. Payment is made against prepayment to the culto GmbH account: Raiffeisenbank Kemnather Land IBAN: DE96770697640006516173 BIC: GENODEF1KEM.
5.2. Offsetting by the customer is only possible with claims that have been legally established or recognized by culto.
6. Privacy Police
As part of the order, culto collects the personal data provided by the customer. This data is saved by culto and used exclusively for contract processing. Data will only be passed on to third parties if this is necessary for the fulfillment of the contract. It is thus possible for payment data to be given to the commissioned credit institution as part of the processing of payments, or the name and address to be given to the transport company commissioned with the delivery.
After the fulfillment of the contract, the data will only be saved to the extent that this is necessary after tax and commercial law retention periods. After their expiration, the data will be deleted. The customer has the right to free information about his stored data and, if necessary, the right to correct, block or delete this data. The customer can contact culto at any time for information on the collection, processing or use of personal data or for blocking, deletion and correction requests: culto GmbH, Röthenbacher Str. 6, 92703 Thumsenreuth, Tel.: +49 9682 92140, Fax: +49 9682 921422, Email: firstname.lastname@example.org
7. Choice of law - place of jurisdiction
7.1. German law applies to this contract. The UN sales law is excluded.
7.2. In the case of contracts with business people, legal entities under public law or special funds under public law, the exclusive place of jurisdiction is the court responsible for the seat of culto.
7.3 The European Commission will soon provide a platform for online dispute resolution (OS). We will publish the link here as soon as the platform exists.
8. Effectiveness of the terms and conditions
Should one or more points of these terms and conditions be or become ineffective, this does not affect the effectiveness of the remaining points and the effectiveness of the contract as a whole. The ineffective provision shall be replaced by the provision whose effects come as close as possible to the economic objective that the contracting parties have pursued with the ineffective provision. §139 BGB is excluded.
Right of withdrawal
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the last goods. To exercise your right of withdrawal, you must contact us (Culto GmbH, Röthenbacher Str. 6, 92703 Thumsenreuth, Tel .: +49 9682 92140, Fax: +49 9682 921422, Email: email@example.com) by means of a clear statement (e.g. a letter sent by post, fax or email) about your decision to cancel this contract. You can use the attached model withdrawal form, but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send your communication regarding your exercise of the right of cancellation before the cancellation period expires.
Consequences of cancellation
If you cancel this contract, we have made all payments we have received from you, including delivery costs (with the exception of the additional costs that result from the fact that you chose a different type of delivery than the cheapest standard delivery we offer have) to repay immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment. We can refuse the repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return or hand over the goods to us immediately and in any event no later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the fourteen day period has expired. You are responsible for the costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the nature, properties and functionality of the goods.
*End of revocation*
If you want to cancel the contract, please fill out this form and send it back.
Röthenbacher Str. 6
Fax: +49 9682 921422,
Hiermit widerrufe(n) ich/wir (*) den von mir/uns (*) abgeschlossenen Vertrag über den Kauf der folgenden Waren (*) / die Erbringung der folgenden Dienstleistung (*)
– Bestellt am (*)/erhalten am (*)
– Name des/der Verbraucher(s)
– Anschrift des/der Verbraucher(s)
– Unterschrift des/der Verbraucher(s) (nur bei Mitteilung auf Papier)
– Datum _______________
(*) Unzutreffendes streichen
General information on revocation:
1. Please avoid damaging the goods. Please send the goods back to us in the original packaging, if possible, and please ensure adequate protection against transport damage.
2. Please note that the aforementioned number 1 is not a prerequisite for the effective exercise of the right of withdrawal.