It is important to us that there is a clear and fair relationship between the customer and the brand. How we envisage this is set out in our General Terms and Conditions below.

If you have any questions, please do not hesitate to contact us at contact@culya.com

General Terms and Conditions

Scope of application

The following GTC apply to all orders placed via our online store by consumers and entrepreneurs.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession. An entrepreneur is a natural or legal person or a partnership with legal capacity who or which, when entering into a legal transaction, acts in exercise of his or its trade, business or profession.

The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they shall only become part of the contract if we have expressly agreed to them.

Contractual partner, conclusion of contract

The purchase contract is concluded with CULYA Ltd.

By placing the products in the online store, we submit a binding offer to conclude a contract for these items. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained for this purpose in the order process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking on the order button. Immediately after sending the order, you will receive a confirmation by e-mail.

Contract language, contract text storage

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

We save the text of the contract and send you the order data and our GTC in text form. For security reasons, the text of the contract is no longer accessible via the Internet.

Terms of delivery

Shipping costs are not included in the product price. The shipping method (Standard, Prio or Express) can be selected in the shopping cart. From a purchase value of € 35.00 we offer free shipping. We currently only ship within Germany, to Austria and Switzerland. Shipping outside this area must be clarified and confirmed with our logistics department (logistik@culya.com).

We only deliver by mail order. Unfortunately, it is currently not possible to collect the goods yourself.

Payment

The following payment methods are available in our store:

Prepayment
If you choose to pay in advance, we will send you our bank details in a separate e-mail and deliver the goods after receipt of payment.

Credit card
When you place the order, you enter your credit card details and the credit card company carries out an authorization check. Once you have been legitimized as the legitimate cardholder, the payment transaction will be carried out automatically and your card will be debited.

PayPal, PayPal Express
During the ordering process you will be redirected to the website of the online provider PayPal. In order to be able to pay the invoice amount via PayPal, you must be registered there or first register, legitimize with your access data and confirm the payment instruction to us. After placing the order in the store, we request PayPal to initiate the payment transaction. The payment transaction will be carried out automatically by PayPal immediately afterwards. You will receive further information during the ordering process.

Invoice
Currently, purchase on account is only available to retailers and corporate customers. You pay the invoice amount upon receipt of the goods and transfer the amount due to our bank account. This can be found on the invoice issued. We reserve the right to offer purchase on account only after a successful credit check.

Right of withdrawal

You are entitled to the statutory right of revocation as described in the revocation instructions.

Retention of title

The goods remain our property until full payment has been made.
For entrepreneurs, the following also applies: We reserve title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale – irrespective of any combination or mixing of the goods subject to retention of title with a new item – in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations

Transport damage

The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such defects to the deliverer as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, they help us to assert our own claims against the carrier or the transport insurance company.

The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the goods to the forwarding agent, carrier or other person or institution designated to carry out the shipment. The obligation to inspect and give notice of defects regulated in § 377 HGB applies to merchants. If you fail to notify us as stipulated therein, the goods shall be deemed to have been approved, unless the defect was not recognizable during the inspection. This shall not apply if we have fraudulently concealed a defect.

Warranty and guarantees

Unless expressly agreed otherwise below, the statutory liability for defects shall apply.
The following applies to the purchase of used goods by consumers: if the defect occurs after one year from delivery of the goods, claims for defects are excluded. Defects that occur within one year of delivery of the goods may be claimed within the statutory limitation period of two years from delivery of the goods.
For entrepreneurs, the limitation period for warranty claims for newly manufactured goods is one year from the transfer of risk. The sale of used goods is subject to the exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.
In relation to entrepreneurs, only our own information and the manufacturer’s product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we accept no liability for public statements made by the manufacturer or other advertising statements.
If the delivered item is defective, we shall initially provide a warranty to entrepreneurs at our discretion by remedying the defect (rectification) or by delivering a defect-free item (replacement delivery).
The above restrictions and shortening of time limits do not apply to claims based on damage caused by us, our legal representatives or vicarious agents

  • in the event of injury to life, limb or health
  • in the event of intentional or grossly negligent breach of duty and fraudulent intent
  • in the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
  • within the framework of a guarantee promise, if agreed
  • insofar as the scope of application of the Product Liability Act is opened.

Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online store.
Customer service: You can reach our customer service for questions, complaints and objections on weekdays from to by e-mail at

Liability

We are always liable without limitation for claims based on damage caused by us, our legal representatives or vicarious agents

  • in the event of injury to life, limb or health
  • in the event of intentional or grossly negligent breach of duty
  • for guarantee promises, if agreed, or
  • insofar as the scope of application of the Product Liability Act is opened.

In the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, our legal representatives or vicarious agents, liability shall be limited to the amount of damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.

Dispute resolution

The European Commission provides a platform for online dispute resolution (OS), which you can find here. We are prepared to participate in an out-of-court arbitration procedure before a consumer arbitration board.

Final provisions

If you are an entrepreneur, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

Terms and conditions created with the Trusted Shops legal text editor in cooperation with Wilde Beuger Solmecke Rechtsanwälte.

Alternative dispute resolution pursuant to Art. 14 para. 1 ODR-VO and § 36 VSBG:

The European Commission provides a platform for online dispute resolution (OS), which you can find at httpss://ec.europa.eu/consumers/odr. We are prepared to participate in an out-of-court arbitration procedure.