1.1 HELLMUT RUCK GmbH, Daimlerstraße 23, 75305 Neuenbuerg, Germany, registered in the Commercial Register under AG Mannheim HRB 504257 (hereinafter referred to as "We") provides all sales and deliveries of goods as well as repair and maintenance services to commercial customers in the United Kingdom (hereinafter referred to as "You") exclusively under these General Terms and Conditions (hereinafter referred to as "Terms and Conditions"). These Terms and Conditions shall not be applicable to sales to consumers. We do not accept any conflicting, deviating or supplementary terms and conditions of the customer unless we have expressly agreed to their validity in writing.
1.2 These Terms and Conditions shall apply to all your orders, whether placed via the RUCK online store, by e-mail or in person (e.g. with our sales representatives or at our training courses/events). You can only place orders in our RUCK online store once you have registered yourself in our online platform as a user.
1.3 The Terms and Conditions shall apply in its current version at the time of the conclusion of the contract, which can be viewed, downloaded and printed out within our RUCK online store; furthermore, we will also send you the Terms and Conditions upon request, at your choice by e-mail or by postal mail. Upon incoming orders in our RUCK online store, you will also receive the Terms and Conditions automatically as part of our email in which we confirm the receipt of an incoming order in our online store.
1.4 For the purposes of these Terms and Conditions and any order ‘Applicable Laws’ shall mean all applicable laws, legislation, statutory instruments, regulations and governmental guidance having binding force whether local, national or international in any relevant jurisdiction.
2.1 Our quotations and cost estimates - just like any prices displayed in our RUCK online store or in our advertising materials and manuals - are subject to change and non-binding, unless they are expressly designated as legally binding.
2.2 In our RUCK online store, you will receive an automated confirmation of receipt from us once your order is placed, which summarises the details of your order, but it does not yet constitute any acceptance in the legal sense. Your order - whether in our RUCK online store or within the framework of the other ordering channels (see above para. 1.2) - shall only become legally binding for us after we have sent you an order confirmation or invoice in text form or have complied with your order by shipping the according goods (by which the contract of sale shall be deemed concluded). If you select a payment method in our RUCK online store which requires the Customer to issue a binding payment instruction already during the ordering process (e.g. "PayPal"), the purchase contract will be (as an exception) already concluded during the ordering process with the confirmation of the Customer's payment instruction to the respective payment service provider and by clicking the button "Submit Order". Further details regarding the technical steps of the ordering process in the RUCK online store as well as information on correcting input errors can be found in the additional customer information in section B.
2.3 We provide the leasing options for certain products (e.g. as set out in the detail page of the respective article) in the RUCK online store). The according leasing contract is offered and carried out by Complete Leasing Solutions Ltd (20 Berrymoor Court, Northumberland Business Park, Cramlington, NE23 7RZ). Complete Leasing Solutions will have the necessary credit check carried out and will request the desired financing options from affiliated leasing banks on your behalf. If the outcome is positive, Complete Leasing Solutions will send you the corresponding contracts for you to sign. The general terms and conditions apply, which can be found at completeleasing.co.uk. You can find Complete Leasing Solutions's privacy policy at completeleasing.co.uk/policies/acceptable-use-policy/. If you request a leasing option when placing your order, the purchase contract is only concluded under the condition of its approval by the leasing bank: As soon as the leasing/financing application has been approved and a legally binding signed contract documents have been received by our leasing partner Complete Leasing Solutions, you will receive a separate notification of the pending delivery of goods. Your order and the resulting delivery of goods are subject to the condition that the goods are still available by then, as there may be delays regarding the review of your application and regarding the signed contract documents to be sent by you, which might result in the unavailability of the ordered goods. We therefore ask you for immediate processing of the leasing/financing documents.
3.1 Our prices are always exclusive of the statutory sales tax and the costs for packaging and shipping/freight ex Neuenbuerg/Germany. We only sign for an additional transport insurance at the explicit request of the customer and only at the customer's expense. You can find further details in our current lists for shipping, freight and packaging costs as well as our discount conditions which will be available on our website.
3.2 We offer the following payment methods: PayPal, Apple Pay, credit/debit card, and payment by invoice via Mondu bank transfer and payment by invoice and installments for limited companies via Mondu (Mondu GmbH, Alexanderstraße 36, 10179 Berlin, Germany) (for limited companies). In case of paying by PayPal or Apple Pay, the payment service provider "PayOne" (PAYONE GmbH, Lyoner Str. 9, 60528 Frankfurt am Main/Germany) will collect the purchase price for us. If you pay by credit /debit card, your credit/debit card will not be charged until the goods have been shipped; if you pay by PayPal, your PayPal account will be charged upon conclusion of the contract (see para. 2.2). For certain products, we offer leasing options in the RUCK online store (see para. 2.3).
3.3 You are only entitled to offset against our claims if (i) your counterclaims are legally established or undisputed, and/or (ii) you assert warranty claims from the same purchase contract.
3.4 Title to the goods shall not pass to you until we have received payment in full.
4.1 Unless expressly confirmed to you in writing, we only perform delivery (whether by fast parcel operator or freight forwarder) to addresses within the United Kingdom.
4.2 Freight forwarding goods are marked accordingly in the online store and in our catalogues/advertising materials. In your order, for those items where it is possible for kerbside or 2-person delivery, you can choose between these options. To arrange an appointment, we need the customer's telephone number and may also pass its contact details on to the respective carrier for this purpose.
4.3 We indicate in the RUCK online store whether the goods are available for immediate delivery and otherwise indicate the expected delivery period. As far as a delivery date is indicated in order confirmations, this shall only be the expected, non-binding delivery date. Delivery periods or times are only binding if they have been expressly agreed as binding in writing or have been expressly confirmed by us as binding in writing.
4.4 All our sales are subject to the reservation that we receive correct and punctual deliveries by our own suppliers and service providers. If the ordered product is not available because we were, without any fault of us, not supplied by our own suppliers with this product and/or services or components necessary for its manufacture were not provided, we may withdraw from the contract. In this case we will inform you immediately and - if available - propose the delivery of a comparable product. If no comparable product is available or if you do not want the comparable product, we will immediately reimburse you for any payments already made.
4.5 Delivery (regardless of whether goods can be sent by fast parcel operator or by freight forwarder) shall be at your risk. You shall bear the transport risk even in the exceptional case that the shipping costs are borne by us.
5.1 In the event of any material or legal defects of the goods, you shall be entitled to the statutory rights and remedies with the following exceptions in para. 5.2 and 5.3.
5.2 Within the scope of subsequent performance, the right to choose between rectification of defects and replacement shall not be yours, but ours.
5.3 The limitation period for your claims arising from defects of goods is limited to 12 months from delivery (unless we have specified a longer warranty period for the product in the offer, order confirmation and/or underlying advertisement in individual cases). The limitation period for claims arising from material defects is limited to 12 months from delivery in the case of spare parts. The above limitation periods shall also apply to contractual and non-contractual claims for damages based on a material defect of the goods. Notwithstanding the foregoing, the statutory limitation periods shall apply (a) to claims arising from injury to life, body or health, (b) to liability under statutory laws on strict product liability, (c) as far as a defect has been fraudulently concealed, (d) in the event of intentional misconduct or gross negligence, (e) as far as we have granted a guarantee, (f) for claims in supplier recourse and/or (g) insofar as it concerns a building or an item which has been used for a building in accordance with its customary manner of use and has caused its defectiveness.
5.4 The delivered goods must be carefully inspected by you immediately upon your receipt (or upon the receipt of any third party designated by you). If we do not receive a written or text-based notification of defects within seven calendar days upon your receipt, the goods shall be deemed approved by you with regard to evident defects or such other defects that would have been identifiable in case of an immediate, careful inspection. With regard to all other defects, the goods shall be deemed approved by you if the notice of defect is not received by us within seven calendar days after the time at which the defect became apparent. If you do not properly fulfil your obligations to inspect and give notice of defects, the warranty shall lapse with regard to the defect that was not notified or not notified in due time.
5.5 Notwithstanding para. 5.4, in the event of evident damages resulting from transportation, you must notify the transportation service provider or carrier of the damages directly upon receipt of the goods in a way that is documented in writing and provide us with written proof of this notification without undue delay. If it was not possible for you to make such notification when you received the goods (e.g. because you did not notice the transport damage immediately), you must inform us of this in writing or text form within 24 hours upon receiving the goods so that we can report the transport damage. If the transportation service provider or carrier is not notified by you or by us within a 24-hour period, there is a risk that it will reject all liability.
6.1 The provisions in section 2 shall apply to the commissioning of services accordingly, whereby only certain standard services may be booked via the online commissioning on the RUCK website. We do not accept returned products without prior authorisation nor where the delivery costs have not been paid.
6.2 As far as we do not specify fixed prices for certain services, remuneration for our repair services shall be based on time and material. The costs, consisting of the hourly rate and the prices for spare/wear parts, are determined according to our current price list. With your order, you approve possible costs of up to £ 350.00. If we realise during the repair work that the costs will be higher, we will consult with you as to whether the repair should be continued or whether you would like a formal cost estimate. Estimates are not fixed price quotations unless expressly stated as such by us in writing.
6.3 If you send a product to us and receive a cost estimate from us for the requested repair without subsequently placing a repair order, or if it turns out during this inspection or in the course of our subsequent services that the product to be repaired/maintained is not repairable or that the repair costs are higher than the new purchase price, we may charge for the previous activities on a time and material basis, limited to a maximum of £ 85.00. The minimum charge shall be £ 50.00.
6.4 For periodic maintenance, we offer services at fixed fee rates. These fixed fee rates cover the currently defined scope of maintenance services, including those wear parts that are to be replaced in accordance with RUCK maintenance recommendations as part of regular maintenance. Other wear parts or replacement parts as well as repairs are not included; should these become necessary during maintenance, para. 6.3 shall apply, whereby the customer shall be consulted in advance if additional costs exceed £ 100.00 (i.e., in addition to the maintenance flat rate).
6.5 We recommend only to send us products in accordance with our information sheet on instructions for incoming and outgoing shipments, in particular only thoroughly cleaned and disinfected products for repair/maintenance, and with all filters removed from the devices. If products are received in a dirty, contaminated condition, we have to clean and disinfect them, for which we will charge a fixed rate of £ 50.00.
6.6 With regard to payment of services, the regulations in section 3 shall apply accordingly, whereby we may make the return of your repaired/maintained product dependent on full payment of our remuneration. We will dispose of the replaced wearing parts or defective parts; if you wish to send them to us instead, you must inform us of this when placing the repair/maintenance order, whereby we may charge you a reasonable flat-rate packaging/processing fee of up to £ 60.00 for sending them and reimburse any additional shipping costs.
6.7 Customers can request loan equipment (including lights, cases) from us, which they will receive for a fee of £ 105.00 for the duration of the service requested (e.g. maintenance/repair). For customers who have taken out CarePlus or who receive loan equipment under warranty, the loan equipment is free of charge. Customers undertake to (i) send us the product to be repaired/maintained within 3 working days of receiving the loan equipment and (ii) return the loan equipment to us within 3 working days of receiving their product back after maintenance/repair has been carried out.
6.8 In addition, we may terminate the loan agreement at any time with 10 calendar days' notice, in which case the goods must be returned by the end of the loan agreement at the latest. If, despite legally effective termination, the goods are not received by us within the notice period, we may charge a late fee of an additional £ 50.00 from the 15th calendar day and a further £ 100.00 from the 25th calendar day (calculated in each case after expiry of the deadline). If the delay exceeds 30 calendar days, the customer will be invoiced for the full current value of the loaned equipment. Claims for damages in the event of late return remain unaffected, whereby the late fee will be offset. The same applies in the event of non-return, in which case we may claim the current value of the loaned equipment as compensation.
6.9 We may also claim the late fee in accordance with para. 6.8 in the following cases if we have previously sent the customer a reminder with a deadline of at least 10 calendar days for returning the loaned equipment: (a) if customers have not returned the product to be serviced/repaired or the loan equipment to be returned in good time, contrary to Section 6.7, (b) if customers have cancelled the repair/maintenance order, (c) if, for other reasons, no order was placed or the maintenance/repair was not completed and we have requested the customer to return the loan device, (d) if customers do not approve a cost estimate sent by us, and/or (e) if customers customers have not paid the service fee on time despite it being due.
6.10 The return must be made in the packaging provided by us with all accompanying documents provided by us. We reserve the right to claim compensation for damage or incomplete returns.
6.11 The costs for shipping/transport shall be borne by the customer. All amounts stated in section 6 are exclusive of VAT and VAT will be added as far as the underlying services are subject to statutory VAT.
7.1 We offer all customers, regardless of whether they are consumers or commercial customers, an additional optional right to return for convenience as set out in section 7. It is limited to return purchases within fourteen days upon receipt of the goods. If you want to use this possibility, you must within fourteen days upon receipt of the goods (i) register your returns within our RUCK online service and returns portal and/or (ii) return the goods to us. You meet this deadline by sending the goods in a timely manner or to register your return in our RUCK service and returns portal under "Returns & Complaints". You can return the goods or we will at your request provide you free of charge with a return label. In the event of a return, we will refund the purchase price, but not the costs for the initial delivery.
7.2 Goods without or only with damaged original packaging shall be excluded from the optional right of return for convenience. Further statutory rights, e.g. warranty claims for defective goods, shall remain unaffected by this optional right of return for convenience.
7.3 The optional right of return for convenience shall in particular not apply to goods (i) which are not prefabricated, but according to your choices were individually manufactured, tailor made or personalised, (ii) if the goods were originally sealed for hygienic reasons and the seal has been removed or damaged after delivery, (iii) if the goods have been inseparably mixed with other goods after delivery, (iv) and also not in the case of the delivery of sound or video recordings or computer software in a sealed package, if the seal has been removed or damaged after delivery. The optional right of return for convenience shall also not apply in the case of digital reproduction models and service contracts. Furthermore, there is no right of return in cases where the customer is unable to fully utilise the functional scope of an item, for example due to a lack of or inadequate reception conditions that make an online connection impossible.
7.4 Please avoid any damage and contamination and please return the goods to us in the original packaging with all accessories and with all packaging components. Use protective outer packaging. If you do not have the original transportation packaging or container, please use suitable packaging to provide adequate protection against transport damage in order to avoid claims for damages due to inadequate packaging. Please note that the above modalities are mandatory prerequisites, if you want to make use of the optional right of return for convenience.
7.5 After we have received your returned goods, we will examine them and, if the aforementioned modalities are complied with, we will refund the purchase price to the bank account or payment method used for the purchase.
8.1 For certain RUCK products, such as the Nova Pro foot care device or the MOON treatment chair/couch, we offer a CarePlus contract (hereinafter referred to as “CarePlus”). Customers receive included maintenance by RUCK customer service through CarePlus, loan equipment during repairs or maintenance, as well as a long-term guarantee with free repair by RUCK customer service (in guarantee cases according to clause 8.4). Additionally, the respective shipping costs for maintenance and repairs are covered. The contractual details are regulated in this clause 8. Furthermore, the extent and content of services as well as the applicable scope are set out in the product description of the respective products in the RUCK online shop or in our catalogs/advertising materials. Claims arising from statutory warranty (material defects or defects of title) shall remain unaffected by CarePlus.
8.2 CarePlus is available to customers with a delivery address in the United Kingdom. A prerequisite for utilizing the benefits of CarePlus is that a CarePlus contract exists at the time of service request and at the time of damage. If you did not purchase the RUCK product directly from us but from one of our distribution/trading partners, you can still conclude a CarePlus contract with us. For this purpose, the according seller will forward the customer and device data to RUCK for registration. To conclude CarePlus, you need a RUCK online account. If you do not yet have a RUCK online account, you can register on our website at any time. You can conclude CarePlus up to 6 months after purchase (see clause 8.8). RUCK informs you about this option as soon as the data from your seller is available. With online registration, the device data is accessible for you for service purposes at any time.
8.3 We offer CarePlus contracts at our own discretion with different fixed terms (e.g. 36 and 72 months). For different term options, you can freely choose between them when ordering. The term begins exactly with the shipping date of the product (in case of purchase from us) or with the conclusion of the CarePlus contract (see Clause 2), whichever is later. These are non-renewable and non-terminable fixed terms, whereby the statutory right to immediate termination for good cause shall remain unaffected.
8.4 With CarePlus, we guarantee you that the respective RUCK product (including spare parts) will be free from material and workmanship defects for the period of the CarePlus contract you have chosen. We will remedy any defects at our expense either (at our discretion) by repair or delivery of new or refurbished parts. The guarantee does not cover (i) normal wear and tear parts that are subject to replacement in the course of periodical maintenance (e.g., tension mechanisms, ball bearings, suction hoses, filters), (ii) damages/defects resulting from avoidable misuse if the operating instructions would have been followed, (iii) damages/defects or signs of wear caused by improper use, (iv) damages/defects resulting from repairs or other interventions by unauthorized parties, e.g., by installing unauthorized accessories, (v) devices/products where the serial number has been removed or made illegible, and (vi) devices/products where the maintenance intervals have not been adhered to by the customer. If guarantee claims are made and it is found during the inspection of the product that there is no defect and/or no legitimate guarantee claim does for one of the aforementioned reasons, we may charge an expense fee of £ 85.00, except in cases, in which the customer can prove that even with exercising due care it was not recognizable under the circumstances that the guarantee claim did not exist.
8.5 CarePlus covers the costs for the regular maintenance of the respective products recommended by RUCK customer service. The included maintenance services vary depending on the product type and term:
Foot care devices:
> For a term of 36 months: Maintenance Plus after 36 months
> For a term of 48 months: Regular Maintenance and Maintenance Plus
> For a term of 72 months: In addition, a final Maintenance Plus will be covered after 72 months
Treatment chair/couches:
> For a term of 48 months: Two maintenances including travel costs
> For a term of 72 months: Three maintenances including travel costs
CarePlus includes the costs for the regular maintenance services recommended by RUCK for the respective product, including those wear and tear parts that need to be replaced as part of regular maintenance according to RUCK’s maintenance recommendations. Other wear and tear parts or spare parts as well as repairs are not included; if their necessity arises during maintenance, para. 6.3 applies. Observing the maintenance recommendations is also a prerequisite for CarePlus guarantee claims. It is the customer’s responsibility to order these maintenance services from the RUCK customer service within the respective maintenance interval (to be ordered in the online return and service portal at hellmut-ruck.uk/support/after-sales/).
8.6 During maintenance and repairs, customers receive loan equipment from us free of charge as part of CarePlus. The rules in clause 6 shall apply accordingly in case of late, incomplete, or damaged returns.
8.7 We cover the costs of shipping and returning the product/loan equipment within the United Kingdom for all maintenance and repair services included in CarePlus. We provide you with a shipping label via email for the shipment (whereas any subsequent reimbursement for the shipment is not possible).
8.8 Payment for the CarePlus contract shall be made in monthly rates, currently only possible through the SEPA direct debit procedure, why a SEPA direct debit mandate during the ordering process is mandatory. Only then can the order be processed. The monthly amount is due at the beginning of each contract month in advance.
8.9 We also offer the possibility to conclude a CarePlus contract retroactively within 6 months from the purchase date, whereby the term is reduced by the period already elapsed since the purchase date, and the proportional amount for the elapsed period is added evenly over the remaining months.
8.10 If the customer is in default of payment, we reserve the right to block the CarePlus contract and the resulting claims for services in the system, as well as, subject to the statutory prerequisites, the right to reimbursement for unpaid CarePlus services and to immediate termination for good cause.
8.11 Our price information is generally exclusive of statutory VAT. Additional discount conditions do not apply to CarePlus contract prices. Customers are only entitled to offset our claims if (i) the counterclaims of the customer are legally established or undisputed, and/or (ii) warranty claims from the same CarePlus contract are asserted.
8.12 The services from CarePlus are non-transferable and can only be used by third parties upon the sale of the respective RUCK product.
9.1 We shall only be liable for damages and reimbursement of expenses, irrespective of the legal grounds (subject to para. 9.2), for damages arising from the breach of substantial contractual obligations (obligations the fulfilment of which is a prerequisite for the proper performance of the contract and the adherence to which the customer regularly relies on and may rely on) and in such cases only for compensation for the foreseeable, typically occurring damage.
9.2 The limitations of liability in para. 9.1 do not apply in the cases set out in para. 5.3 (a) to (g). In such cases, the statutory liability provisions shall apply.
10.1 For the purposes of this clause 10 ‘Intellectual Property Rights’ means copyright, moral rights, patents, rights in inventions, rights in confidential information, know-how, trade secrets, trade marks, service marks, trade names, design rights, rights in get-up, database rights, rights in data and databases, data exclusivity rights, approvals, utility models, domain names, business names, rights in computer software, the right to sue for infringement, unfair competition and passing off, and all similar rights of whatever nature wherever in the world arising and, in each case: (i) whether registered or not, (ii) including any applications to protect or register such rights, (iii) including all renewals and extensions of such rights or applications, (iv) whether vested, contingent or future and (v) wherever existing.
10.2 Except as set out in this clause 10 no Intellectual Property Rights of either party are transferred or licensed as a result of these Terms and Conditions or any order. Any mandatory rights to use our Intellectual Property and/or fair use regulations under Applicable Laws shall remain unaffected.
10.3 Regarding our software-products or products with included or embedded software, we grant only a non-exclusive licence to the exent necessary to use such software and/or product for the intended purpose of such software and/or product. You may not examine, reverse-engineer, decompile and/or modify the software, unless you exercising your mandatory rights under Applicable Laws allows you to do so.
11.1 In the case of HELLMUT RUCK branded goods (i.e. products marked with HELLMUT RUCK's own brands RUCK®, peclavus and PeclaSANUS, possibly in combination with other brands of HELLMUT RUCK GmbH), the following restrictions shall apply to the commercial resale: geographical restrictions in para. 11.2 to 11.4, restrictions regarding commercial only-goods in para. 11.5, qualitative requirements for online resale in para. 11.6 and the prohibition of resale via third-party platforms in para. 11.7.
11.2 You may only actively resell the HELLMUT RUCK branded goods with delivery to addresses within the United Kingdom. EU/EEA countries are reserved by us exclusively or for our wholesalers/distributors or are already designated/licensed for an exclusive distribution. Prohibited "active" resale shall mean the active approach of customers without delivery addresses in the United Kingdom, e.g. through targeted visits or targeted letter, e-mail or online advertising outside the United Kingdom (active approach of customers specifically in other countries, e.g. through personalised direct advertising, price comparison portals, retargeting/tracking, banner advertising and search engine marketing such as Google Ads. This also includes the case where an online shop or its promotion (including metatags and other search engine optimisation) is maintained for resale in a language other than English or under a country code top-level domain other than .uk.
11.3 If we provide you with imagery (e.g. product pictures) for your advertising activities, you may only use it on websites that are only targeted to customers within the United Kingdom.
11.4 You must desist from reselling goods to delivery addresses outside the United Kingdom, if the delivery of goods would violate Applicable Laws regarding the import and marketability of these products, in particular, for example, regarding the labelling of the product packaging in the national language and/or customs regulations. For this reason, you must also especially desist from reselling to any customers with delivery addresses outside the United Kingdom, the EU/EEA and Switzerland, as our products imported to the United Kingdom and their accompanying documentation and manuals are not set out for customers outside these countries.
11.5 The resale to consumers of all products that are designated as "commercial only" or "not for resale" in the RUCK online store and/or in order forms is not permitted. The products are designed exclusively for commercial use, e.g. due to the limited instructions for use and the large commercial sizes, so that products may be used incorrectly or the shelf life may be exceeded in the course of use by a private consumer, which might lead to risks regarding consumer health, product safety and quality.
11.6 As these are high-quality, prestigious and consultation-intensive products from the health sector and regulated cosmetics and in order to maintain the high quality of the product presentation and customer consultation as well as to maintain the good reputation of our brands and branded products, we only allow you to resell our HELLMUT RUCK branded goods online (i) if you also operate a stationary point of sale (e.g. pharmacy, qualified retailer, medical practice or cosmetic studio) and present and keep available for immediate delivery the RUCK product range there to an at least comparable extent as your online sales (an exclusively online resale of HELLMUT RUCK branded goods is not permitted); (ii) if the prestige, the high-class image, the quality and seriousness of the product presentation and customer consultation as well as the good medical reputation of our brands and branded products are not being compromised by your online activities, (iii) if the item descriptions and advertising texts in your online shop are accurate in terms of content and are sufficient to enable the buyer to find the right product for him/her based on the information provided by you.
11.7 We do not allow you to resell HELLMUT RUCK branded goods online through third party platforms (such as Amazon, eBay, etc.) because selling through such channels will seriously harm the brand image of RUCK trademarks. Buyers may doubt the high medical quality and efficacy and associate RUCK brands and branded products with everyday drugstore products if the products are available on such third party platforms.
12.1 If any provision of these Terms and Conditions or any order (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of these Terms and Conditions and any order shall not be affected.
12.2 No failure delay or omission by us in exercising any right, power or remedy provided by law or under any order or these Terms and Conditions shall operate as a waiver of that right, power or remedy, nor shall it preclude or restrict any future exercise of that or any other right, power or remedy.
12.3 No single or partial exercise of any right, power or remedy provided by law or under any order or these Terms and Conditions by us shall prevent any future exercise of it or the exercise of any other right, power or remedy by us.
12.4 If there is a conflict between the terms contained in these Terms and Conditions and the terms of any quotation, order confirmation, schedule, appendix or annex to any quotation or order confirmation issued by us, the terms of that offer, order, schedule, appendix or annex shall prevail to the extent of the conflict.
12.5 All contractual relations between you and us as well as these Terms and Conditions shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and the non-mandatory rules on international conflicts of laws.
12.6 If you are a merchant in the legal sense or if you have no general place of jurisdiction within Germany, the courts competent for the place of our headquarters shall have exclusive jurisdiction for all disputes arising from the contractual relationship between you and us. However, we may, at our own discretion, also take legal action at your general place of jurisdiction.
HELLMUT RUCK GmbH
Daimlerstraße 23
DE-75305 Neuenbürg
E-Mail address: contact@hellmut-ruck.uk
Company registered in: Mannheim
Registration number: HRB 504257
UK VAT registration no.: 445 9960 47
Director:
Mr. Simeon Ruck
The respective current Terms and Conditions for Sale and Delivery of Goods of HELLMUT RUCK GmbH (UK-Version) shall apply.
The respective current Terms and Conditions for Delivery for Sale and Delivery of Goods of HELLMUT RUCK GmbH (UK-Version) shall apply.
The essential characteristics of our goods and services are set out in the respective product descriptions within the RUCK UK Online Store.
The respective current Terms and Conditions for Sale and Delivery of Goods of HELLMUT RUCK GmbH (UK-Version) shall apply.
> The contract language is generally German. In the United Kingdom, it is also possible to conclude the contract in English.
> The complete text of the contract is not saved by us. Before sending the order, the contract data can be printed out using the browser's print function or saved electronically. After we have received your order, the order data, the information required by law for distance selling contracts and, if you are a consumer, the General Terms and Conditions, will be sent to you again by e-mail.
The respective current Terms and Conditions for Sale and Delivery of Goods of HELLMUT RUCK GmbH (UK-Version) shall apply.
The respective shipping costs can be found in our overview of currently applicable shipping conditions and costs.
> The customer logs in to the RUCK UK Online Store with the access data known to them or by creating a new user account.
> The customer adds the item(s) to the shopping cart by clicking on "Add to basket"
> The customer starts the ordering process by clicking on "Check out". This takes them to the overview of their order. There the customer can choose the payment method and the delivery terms as well as the order quantity and adjust or delete them if necessary.
> At the end of the ordering process, the customer can view our General Terms and Conditions and our Privacy Policy. The customer may finalise his/her order by clicking the "Submit Order" Button that the order shall be placed in a legally binding way with an obligation to pay the according purchase price.
> The Customer will receive an e-mail from RUCK confirming receipt of their order (automatic confirmation of receipt). The customer has the option respectively as recommended to save and/or print this confirmation.
> In the event that the customer selects a payment method for which he/she makes an advance payment (e.g. PayPal, Apple Pay, credit/debit card, payment by invoice), he/she will receive an order confirmation with information about his/her payment method.
> Once RUCK has accepted the order, the Customer receives the goods including an invoice (or in certain cases an additional order confirmation).
> Customers can book CarePlus in two order process variants either directly with or within six months of purchasing the device or treatment chair/couch.
> In the first option, the customer can either opt for one of three different terms or against CarePlus on the product detail page for appliances or recliners.
> If CarePlus is selected, it is displayed as an additional item in the shopping basket and can be removed from there.
> If the customer starts the order process by selecting ‘Checkout’, CarePlus is also displayed here as an additional item.
> Alternatively, the customer can also add or remove CarePlus in the checkout.
> The checkout is divided into 2 steps:
> In the first checkout, all products with prices are displayed in the shopping basket, whereby the CarePlus price is not included in the total amount. The customer confirms the general terms and conditions for deliveries and services, the privacy policy and the statutory customer information. The first checkout is completed by clicking ‘order with obligation to pay’. The customer then proceeds to the second checkout.
> CarePlus is finalised separately in the second checkout. CarePlus items can be removed here. The second checkout is also finalised with ‘order with obligation to pay’.
> Customer receives the option or recommendation to print order confirmation.
> After completing each checkout, the customer receives an order confirmation (automatic confirmation of receipt) from RUCK by e-mail.
> Customer receives the invoice/order confirmation.
> In the second option, the customer can find CarePlus information for each device or treatment chair/couch (already completed, completion possible, completion not possible) in the list of devices and treatment chairs/couches purchased online or offline (24 months in the past). CarePlus can be selected here for the corresponding products.
> By clicking on ‘Complete now’, the customer is taken to the second checkout described above and the subsequent process of order, receipt and order confirmation.
During the ordering process in the RUCK UK Online Store, it is possible to correct the data entered or to stop the ordering process at any time as long as the "Submit order" button (that the order shall be placed in a legally binding way with an obligation to pay the according purchase price) has not been pressed. If an order is to be cancelled during the ordering process, it is sufficient to close the browser window, leave the page or click on another category within the RUCK UK Online Store. Please note, that after cancelling the order process, the selected items remain in the shopping cart (as long as the shopping cart cookie is stored on the customer's computer) and can be deleted there separately anytime. In case of any later purchases, the data should therefore be checked closely before the final order is placed.
1. The customer may choose between a door to door delivery or a kerbside delivery. Other than that, the choice of the transport route and service providers is at RUCK's discretion. Items that can only be delivered by freight forwarding are marked accordingly in our catalogues and online shop.
2. Shipping shall be at the expense and risk of the customer. The customer shall bear the transport risk even in the exceptional case that the shipping costs are borne by RUCK.
3. If RUCK takes over the shipping for the Customer, the following provisions shall apply in addition: The risk of accidental damage or accidental loss of the sold goods shall pass to the customer as soon as the goods have been handed over by RUCK to the transportation service provider, carrier, or post mail provider, that carries out the transport, at the latest, when the goods leave RUCK's premises. If the goods are ready for dispatch and the customer has been notified of readiness for dispatch, but if dispatch or acceptance is delayed for reasons for which the customer is responsible, the risk shall already pass to the customer upon receipt of the notification of readiness for dispatch.
4. For shipments of goods up to 31.5 kg, RUCK may charge a flat fee for packaging and shipping of £ 16.50. Within promotional periods, specifically indicated by RUCK, this this flat-fee will not be charged for orders placed via the RUCK UK Online Store. Furthermore, for orders with a net invoice amount of £ 200.00 or more, delivery is free of shipping and packaging costs.
For goods that require to be sent by freight forwarding (e.g. palletised goods) we offer kerbside delivery or door-to-door delivery as alternatives. The costs for a kerbside delivery in the United Kingdom are £ 250.00 and for door to door delivery £ 500.00.
Door to door delivery service (at the aforesaid fee) includes the disposal of packaging and in case of foot care and cosmetic equipment also the installation and instruction. Installation of other products, such as furniture (e.g. RUCK reception counters, RUCK hygiene counters, cosmetic furniture, etc.) or hygiene technology (which regularly requires professional instruction and installation by RUCK or the manufacturer), is not included in the Door to door delivery service.
5. RUCK provides the shipping in customary packaging. Except in the case of the door to door delivery service, RUCK has no obligation to take back any transport packaging or any other packaging materials that has been used in accordance with the applicable legal recycling and waste regulations; the Customer is obliged to dispose of these packaging materials at its own expense.
6. All amounts stated are exclusive of VAT and VAT will be added as far as the underlying services are subject to statutory VAT.
1.1 Discounts and discount campaigns on the part of RUCK, enable customers to purchase RUCK products at reduced prices. RUCK generally offers the discount options described in para.1.2 (exhibition/event discounts, discount vouchers, student discounts, clinic project discounts). RUCK grants discounts only on discountable items as labeled in the RUCK UK Online Store.
1.2 Discounts and discount campaigns are only valid for the respective agreed or designated periods. With the exception of clinic project discounts, all other discounts and discount promotions cannot be combined with each other regarding one purchase or service order.
1.3 Discounts will not be granted on e.g. books, services and voucher cards. Further not discountable items are labelled in the RUCK UK Online Store accordingly.
1.4 Discounts and discount promotions are not transferable to third parties. Third parties
also include e.g. family members, employers, employees or friends.
2.1 Exhibition/event discounts (usually set out as voucher codes) are granted to customers who visit us in person at a RUCK exhibition/event stand during an exhibition/event in the United Kingdom. With proof of the exhibition/event visit (e.g. admission ticket, exhibition/event order form), the exhibition/event discount can still be claimed by the customer up to 10 days after the end of the exhibition/event. Exhibition/event discounts are limited to RUCK customers with place of business in the United Kingdom.
2.2 When redeeming discount vouchers, the amount contained on the discount voucher will be deducted from the invoice amount. The amount will be set out in the invoice e.g. in GBP or percent. Discount vouchers can only be redeemed within the applicable scope and time period stipulated in each discount voucher (e.g. RUCK UK Online Store).
2.3 Student discounts of 10% are granted to customers who are in an ongoing training or education programme to become a Podiatrist, or Foot Health Practitioner. RUCK may reserve the right to grant the student discount only upon presentation of a written proof of the ongoing training or education programme. The student discount will be granted for a time period including the training or education programme and 12 months after the end of the training. Student discounts may be combined with exhibition/event discounts.
2.4 Lecturers of podiatry, or foot health practice will receive a discount of 10% if they have submitted written proof (confirmation) from their school to RUCK before placing an order. This proof will be valid for 12 months and teachers must re-submit such proof to RUCK annually to apply the discount to future orders.
2.5 The clinic project discount is applicable to eligible articles from product groups 10, 11, 12, 32, 37. The clinic project discount can be combined with all other RUCK discounts and is considered subordinate as the last discount. I.e. if another, priority RUCK discount is applied, then the amount discounted by the priority RUCK discount is the assessment basis for the calculation of the clinic project discount. With this discount, customers with an order value of £10,000 or more receive a discount of up to 10%. The amount of the discount depends on the respective order value and is divided into the following scales:
from £10,000 - 3%
from £15,000 - 6%
from £25,000 - 8%
from £50,000 - 10%