Applicability of the terms and conditions
Our general terms and conditions of business form the basis for all purchase and supply contracts. Contradictory or supplementary terms and conditions of the customer and verbal side agreements are only binding for us if we have confirmed these in writing.
Conclusion of contract
A contract comes about as a result of an offer and acceptance of the offer. Should a contract be concluded via our Internet shop, the contract does not come into being until CUCOS Retail Systems GmbH dispatches the ordered goods to the buyer. With confirmation of dispatch by e-mail, the contract comes into being through the sending of the e-mail, at the latest, however, when the goods are delivered to the customer. Our offers, corresponding to the order information passed to us, are, unless otherwise specified, binding for 10 working days and non-binding beyond this time. Incomplete or ambiguous information in the order/instruction which results in incorrect deliveries is the financial responsibility of the customer. Our company’s article number is crucial for all deliveries. The ordering party shall be charged for all subsequent changes that it initiates.
Changes to and cancellations of orders for goods which are already in the process of being produced or delivered are not possible. Images, dimensions and weight details in information and promotional material are not binding. No liability is accepted for typographical and other errors and changes, in particular technical changes for the improvement of the product.
All our Internet shop prices are subject to alteration and are in principle ex place of dispatch plus shipping and transport costs, including the statutory VAT. If you are not a commercial customer but an end consumer as defined by § 13 BGB [German Civil Code], the gross price applies (net or catalogue price plus VAT at the statutory rate).
All our catalogue prices are subject to alteration and are in principle ex place of dispatch plus shipping and transport costs and the statutory VAT. Since our products are chiefly intended for the commercial customer, we have displayed net prices in our catalogue.
All goods are manufactured and made available as quickly as possible. Information about delivery periods should be understood as estimated delivery times. Damage compensation claims on the basis of non-fulfilment or delayed delivery are excluded. The customer is not allowed to reject part shipments.
Shipping and transfer of risk
With commercial customers, when the goods are passed to the shipping agent or carrier but at the latest when they leave our places of dispatch, the risk is transferred to the customer. In the case of delivery to end consumers as defined by § 13 BGB, the point of transfer of risk is the time of handover or delivery to the customer. Choice of dispatch route and packaging is at our discretion without any liability being assumed, except in the case of wilful intent and gross negligence. Express delivery costs or special requests (Bahnexpress, express parcel) and others shall be paid for by the buyer.
Right of ownership
Current account/full settlement clause
CUCOS Retail Systems GmbH retains ownership of the goods until all the claims of the seller against the buyer arising from the business relationship have been settled. This also applies if individual claims or the totality of the claims of CUCOS Retail Systems GmbH have been included in a running account and the balance has been drawn and acknowledged. CUCOS Retail Systems GmbH hereby undertakes to, at the request of the customer, release the securities to which it is entitled in so far as the realisable value of the securities exceeds the claims to be secured by more than 10%; selection of the securities to be released is the responsibility of CUCOS Retail Systems GmbH. Also, the conditional seller reserves the right, in the event that the performance obligations are not fulfilled correctly, to make use of its statutory right of withdrawal after an appropriate deadline has been set. The same also applies in the event of infringement of secondary obligations, in particular through the improper treatment of the purchased item by the buyer, if it is unreasonable to expect the seller to continue with the contract.
Extended retention of title in the event of resale
In the event that the buyer resells the goods subject to retention of title, it immediately assigns to the seller all claims arising for it from this action. Such an assignment occurs both with the sale of unprocessed goods subject to retention of title and in the event that processing or combination with items solely in the buyer’s possession takes place. If the goods subject to retention of title are, after processing or combination, sold together with goods not in the possession of CUCOS Retail Systems GmbH, the buyer immediately assigns the claims resulting from the resale to the amount of the value of the goods subject to retention of title with all supplementary rights and ranking before the rest. The buyer is also authorised to collect the claims after assignment. The authority of CUCOS Retail Systems GmbH to collect the claims itself remains unaffected by this, however it hereby undertakes not to make use of its right as long as the buyer fulfils its contractual obligations correctly. CUCOS Retail Systems GmbH can demand that the buyer make known to it the assigned claims and the respective debtors and all information required for collection, hand over the associated documents and communicate the assignment to the debtors.
Cheque/bill of exchange clause
If, in the context of payment of the purchase price by the buyer, CUCOS Retail Systems GmbH becomes liable on the basis of bills of exchange, the retention of title along with the claim from goods supplied on which this is based only expires when all bills of exchange have been cleared by CUCOS Retail Systems GmbH as beneficiary.
Sketches, drafts, sample typesetting, proofs, samples and other similar preparatory work on behalf of the customer shall be charged for. The customer must check that the preliminary and intermediate products sent for correction comply with the contract. The risk of potential errors transfers to the ordering party when the latter gives approval for printing, provided that the errors are not caused by technical faults in production. This also applies to other approvals given by the ordering party for further production. With colour reproductions in all printing processes, no complaints may be made about minor deviations from the original. Over- or underdeliveries of up to 10% of the ordered batch may not be made the subject of a complaint. The quantity delivered is charged for. We do not assume any liability for setting copies that go astray during transit. Delivered setting copies are adapted to the print format available.
Right of cancellation /Right of return (for end consumers - § 13 BGB)
You may cancel your contractual declaration within 14 days, without citing reasons, in text form (e. g. letter, fax, e-mail) or – if the item reaches you before the deadline expires – by returning the item. The time period begins after receipt of this instruction in text form, but not prior to receipt of the goods by the recipient (with repeat deliveries of the same kinds of goods, not before receipt of the first part shipment) and also not before fulfilment of our information obligations under Article 246 § 2 EGBGB [Introductory Act to the German Civil Code] in conjunction with § 1 (1) and (2) EGBGB and of our obligations under § 312e (1) Sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. In order to comply with the cancellation deadline, it is sufficient to dispatch the cancellation or item on time.
The cancellation must be addressed to
CUCOS Retail Systems GmbH
Detmolder Straße 7
In the event of an effective cancellation, services received by both sides must be returned and any benefits derived therefrom (e.g. interest) surrendered. If you are unable to return the service received or only able to return part of it to us, or can only return in in a worsened condition, you may be required to provide us with compensation in this regard. When it is a case of items being transferred, this does not apply if the deterioration of the item can be attributed exclusively to its being inspected – as for example would have been possible for you do to in a shop. Otherwise, you can avoid any compensation obligation for a deterioration resulting from use of the item as intended by not using the item as your property and refraining from everything that negatively affects its value. Items capable of being sent as a parcel shipment are to be returned at our risk. You must pay the costs of sending back the goods if the goods delivered match what has been ordered and if the price of the item to be sent back does not exceed a value of 40 euros or if you – in the case of the item having a higher price – have not yet, at the point of cancellation, rendered the service in return or made a contractually agreed partial payment. Otherwise, sending back the goods is free of charge for you. Items not capable of being sent as a parcel shipment shall be collected from your premises. Obligations regarding the reimbursement of payments must be met within 30 days. For you, the time period begins once you have dispatched your cancellation or the item; for us, it begins once this has been received.
Exclusion of cancellation
Your right of cancellation expires prematurely if the contract is completely fulfilled by both parties at your explicit request before you have exercised your right of cancellation.
No right of cancellation exists in the case of the following distance selling contracts: for the delivery of goods produced according to a customer’s specification or are clearly tailored to personal needs or which, owing to their nature, are not suitable for being sent back or can spoil quickly or whose expiry date has been exceeded, for the delivery of audio or video recordings or of software if the supplied storage media have had their seal removed by the consumer, auctions (§ 156 BGB).
End of cancellation instruction.
Agreement on allocation of costs
If you make use of your right of cancellation, you must pay the standard costs of sending the goods back if the goods delivered match what has been ordered and if the price of the item to be sent back does not exceed a value of 40 euros or if you –in the case of the item having a higher price – have at the time of cancellation not yet rendered the service in return or made a contractually agreed partial payment. Otherwise, sending back the items is free of charge for you.
Right of cancellation / right of return (for commercial buyers)
For commercial buyers there is in principle no right of return or of cancellation. In the event of incorrect deliveries, goods may be sent back only by agreement with us. In the event of incorrect deliveries, telephone orders are excluded from return as there may have been an error in the transmission of messages. Non-paid return shipments to which we have not given our written consent shall not be accepted and shall return at the sender’s expense. In the case of return of incorrectly ordered goods, we charge a processing fee amounting to 10% of the value of the goods.
Notices of defects and guarantees
The buyer is required to examine the goods and report any defects in writing immediately, within 8 working days of receipt. Defects in part of the goods delivered do not entitle the buyer to complain about the entire consignment. Hidden defects must likewise be notified in writing immediately, at the latest 8 working days after discovery. Small deviations – that are customary in the trade or technically unavoidable – in quality, colour, weight or similar do not provide justification for the notification of defects. Unjustified notices of defects may be used by the conditional seller as a reason for demanding from the buyer the reimbursement of costs it has incurred. If the complaints are justified, then CUCOS Retail Systems GmbH shall, after examining the goods, provide subsequent improvement or a full substitute at its own discretion. The buyer may demand cancellation of the contract if there is a failure to provide subsequent improvement or a substitute delivery and in the event that the seller, with no good reason, refuses to rectify the faults or provide compensation or falls behind with this and the buyer has set it an appropriate grace period which has expired unsuccessfully. Liability for defects does not relate to natural wear and tear, to damage that results after the transfer of risk as a result of incorrect or negligent handling, excessive use or other influences which are not the responsibility of CUCOS Retail Systems GmbH. Losses or damage through transport must be complained about by the recipient to the carrier, even if damage to the packaging is not visible. The conditional seller excludes liability for damage resulting from the use of electronic devices, software and similar articles.
Compensation and statute of limitations
The customer has a right to compensation or reimbursement of expenses in the following cases only: injury to life, limb or health; damage caused by intentional or grossly negligent acts; breach of a key contractual obligation whose fulfilment is what actually enables the contract to be executed correctly and with whose compliance the contracting party may place regular trust in (“cardinal obligation”); damage compensation claims arising from the law on product liability; claims in the event of malicious withholding of a defect or issue of a guarantee of quality.
Liability is restricted to foreseeable, typically occurring damage provided that CUCOS Retail Systems GmbH cannot be accused of intentionally breaching the contract, that no key contractual obligation (“cardinal obligation”) is infringed and that no claim is asserted for compensation for damages in place of performance. Further claims for damages or reimbursement of expenses against CUCOS Retail Systems GmbH are hereby excluded, irrespective of the legal grounds.
Copyrights for drawings and documents
We reserve our proprietary rights and copyrights to quotations, drawings, samples and other documents. They may not be made accessible to third parties without our consent. The ordering party shall assume liability for us not infringing any rights of third parties (in particular proprietary rights, copyrights and reproduction rights) when carrying out the order. CUCOS Retail Systems GmbH may display its name in a suitable way in its products.
Payment of the purchase price shall as a general principle be made with our payment deadlines of 10 days 2% early payment discount, 30 days net. Improper deductions such as an excessive early payment discount, payment discount outside of the discount period, packaging, postage or other deductions to which we have not given our agreement shall remain as outstanding items and shall be claimed. First-time customers receive the goods cash on delivery with 2% early payment discount. If the customer defaults on payment, reminder charges of €5/reminder (with the exception of the first reminder) plus postage costs and also interest for late payment in accordance with the statutory regulations shall apply. Once the payment deadline set with the 3rd reminder has elapsed, our claim can be passed to a debt collection company. At the same time, further deliveries will be made solely cash on delivery including the cash on delivery fee. If, in the event of default on payment, a debt collection company is engaged by CUCOS Retail Systems GmbH to collect the debt, then the buyer must bear the costs arising from this engagement. For agreed payment in instalments, the following applies: if the debtor falls two weeks into arrears with the payment of an instalment, then the whole remaining sum still outstanding becomes payable immediately.
We have saved your address in our computer system. Please let us know of any changes to your address. If you do not consent to us saving your data, we shall initiate its immediate deactivation. Orders of below €10 net cannot be processed. With an order value of below €30, a small quantity surcharge of €5 shall apply. With customers under 18 years old, the signature of the parent or guardian is required. With custom-made products we are in principle entitled to make production-related over- and underdeliveries of up to 10 %; individual tolerances apply to some products. The above terms and conditions of business are binding in all circumstances and cannot be altered through the publication of your own terms and conditions of purchase. Should individual provisions of these general terms and conditions be or become wholly or partially invalid in law, the validity of the remaining provisions is unaffected. All legal relationships between the customer and us are subject to the law of the Federal Republic of Germany, especially the BGB, in particular §§ 305 et seq. of the BGB (General Terms and Conditions) and the HGB [German Commercial Code]. The place of jurisdiction is Soest.
All publications and our web pages are protected by copyright. All rights reserved. The use of texts, photos and/or drawings – also in excerpts and/or in amended form – is a breach of copyright and therefore punishable by law if written consent has not been obtained from CUCOS Retail Systems GmbH.
This applies in particular to duplication, translation and/or use in data processing systems.
The relevant protection provisions apply to all registered patents, utility models, design patents and brand names, even if they are not identified as such.
Colour accuracy of all the illustrations cannot be guaranteed.
Last updated: March 2017