The following GTC (General Terms and Conditions) apply to all orders placed via the ARKU online store. Our online store is aimed exclusively at customers who are natural or legal persons who, when concluding the contract, are acting in the exercise of their commercial or independent professional activity (entrepreneurs) or who are legal entities under public law or special funds under public law.

If the ordering entrepreneur uses conflicting or supplementary GTC, their validity is hereby objected to; they shall only become part of the contract if we have expressly agreed to them.

In addition to verifying your status as an entrepreneur or trader within the ordering process, ARKU is entitled to request evidence of your status as an entrepreneur by provision of suitable, current documents such as a trade register excerpt or business registration documentation.

The present GTC shall also apply to future business relations, without any further need of reference thereto.

The contract is concluded with ARKU Maschinenbau GmbH, Siemensstraße 11, 76532 Baden-Baden, hereinafter referred to as ARKU.

The presentation of the products in the ARKU online store does not constitute a legally binding offer, but a non-binding online catalogue.

By placing the products in the online shop, we make a binding offer on our part to enter into a contract regarding those items. You may place our products in the shopping basket without obligation and amend your entries at any time prior to submitting your binding order by using the correction facilities that are provided for this purpose and explained during the ordering process. The contract is formed by clicking on the order button [Submit Order] which indicates your acceptance of our offer concerning the goods contained in the shopping basket. Once you have sent your order you will immediately receive a confirmation via e-mail.

We will accept your offer within two days by

• issuing a declaration of acceptance in a separate e-mail or
• having the goods delivered or
• the payment transaction is carried out by the selected payment service provider.

The time of execution of the payment transaction depends on the respective selected payment method (see under "Payment").

The alternative applicable to you depends on which of the listed events occurs first.

The languages available for concluding the contract are German and English.

ARKU saves the text of the contract and forwards the order data and ARKUS GTC to you on in text form. For security reasons, the text of the contract cannot be accessed via the internet.

Shipping costs are added to the product prices listed in the ARKU online store. You can find out more about the amount of shipping costs in the offers.

We only deliver on dispatch. A self-collection of the goods is not possible.

We do not deliver to packing stations.

The delivery time is shown on the item in the online shop. The delivery time is valid from receipt of payment. If an item is not available, delivery times are available on request.

If an item is not available at in the short term, we will inform you by e-mail about the expected delivery time.

The following payment methods are available in the ARKU online shop:

You must be registered with PayPal, log in with your access data and confirm the payment instruction in order to pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"). The payment transaction is carried out by PayPal immediately after the order is placed. You will receive further instructions during the ordering process.

The invoice amount is due 14 days after receipt of the invoice and the goods by bank transfer to the bank account specified in the invoice. ARKU reserves the right to offer purchase on account only after a successful credit check.

You enter your credit card details in the order process. Your card will be charged immediately after placing the order. You will receive further instructions from your payment service provider during the booking process.

The customer only has the right to withhold payments if his counterclaims are undisputed or have been legally binding established. The customer shall only have the right to offset counterclaims from other legal relationships insofar as they are undisputed or have been legally binding established.

ARKU does not grant entrepreneurs a voluntary right of withdrawal.

ARKU retains ownership of the goods until complete settlement of all claims arising from a current business relationship with you have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; however, you assign all claims arising from this resale to ARKU in advance, irrespective of any combination of the goods subject to retention of title with a new item, in the amount of the invoice amount. ARKU accepts this assignment already now. You remain authorised to collect the claims, but ARKU may also collect these claims itself insofar as you do not meet your payment obligations.

We shall release the securities to which we are entitled at your request insofar as the realisable value of the securities exceeds the value of the outstanding claims to be secured by more than 10%.

The risks of accidental loss or accidential deterioration of the goods will transfer to you once ARKU has submitted the goods to the haulier, carrier or other contractor for forwarding to the defined person or establishment. 

Unless expressly agreed otherwise below, the statutory law on liability for defects shall apply.

The following limitations and reductions of periods of time shall not apply to claims based on damage caused by ARKU and its legal representatives or vicarious agents in the event of

• injury to life, body or health

• intentional or grossly negligent breach of duty as well as fraudulent intent

• breach of essential contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner may regularly rely

 or insofar as the scope of application of the Product Liability Act is opened.

Only ARKU's specifications shall be deemed to be an agreement on the quality of the goods. The limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk. The sale of used goods is made on the exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB (German Civil Code) remain unaffected.

Among merchants, the duty of inspection and notification of defects regulated in § 377 HGB (German Commercial Code) shall apply. If you fail to make the notification regulated therein, the goods shall be deemed to have been approved, unless the defect was not recognisable during the inspection. This does not apply if we have fraudulently concealed a defect.

For claims based on damage caused by ARKU or its legal representatives or vicarious agents, ARKU is always liable without limitation in the event of

• for injury to life, limb or health

• for guarantee commitments, where agreed

• insofar as the scope of application of the Product Liability Act is opened.

Except these cases, our civil law liability is limited to the foreseeable and direct damages at the time of contract conclusion.

In the event of a breach of material contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and compliance with which the contractual partner may regularly rely on (cardinal obligations) due to slight negligence on the part of ARKU or its legal representatives or vicarious agents, the amount of liability shall be limited to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.

Otherwise, claims for damages are excluded.

ARKU reserves the property rights and copyrights to samples, cost estimates, drawings and similar information of a tangible and intangible nature - including in electronic form. They may not be made accessible to third parties. ARKU undertakes to make information and documents designated by the buyer as confidential accessible to third parties only with the buyer's consent. ARKU undertakes to make information and documents designated by the Buyer as confidential available to third parties only with the Buyer's consent.

Insofar as software is included in the scope of delivery, the customer shall be granted a non-exclusive right to use the software supplied, including its documentation. The software is provided for use on the delivery item intended for this purpose. Use of the software on more than one system is prohibited.

The customer may only reproduce, revise, re-engineer or convert the software from the object code into the source code to the extent permitted by law (§§ 69 a ff. UrhG (German Copyright Act)). The customer undertakes not to remove manufacturer's details - in particular copyright notices - or to change them without the prior express consent of ARKU.

All other rights to the software and the documentation, including copies, shall remain with ARKU or the software supplier. The granting of sub-licences is not permitted.

The European Commission provides a platform for online dispute resolution (OS), which you can find here [https://ec.europa.eu/consumers/odr/]. ARKU is not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.

German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

The exclusive place of jurisdiction for all disputes arising from contractual relationships between ARKU and you is ARKU´s registered office. ARKU shall, however, be entitled to bring a suit against you at your principal place of business.