Terms and Conditions for Users 

§ 1 Scope of application
1. For the business relationship between TUTAKA GmbH, Erikastraße 122, 20251 Hamburg ("TUTAKA") and the user, the following General Terms and Conditions of Business ("T&C"), in the version available on the Internet at the time of the order, shall apply exclusively. 
2. Deviating general terms and conditions of the user are not recognized unless TUTAKA expressly agrees to their validity in writing.

§ 2 Contractual partner
1. TUTAKA addresses its offer of goods and services exclusively to entrepreneurs.
2. Entrepreneurs are a natural or legal entity or a partnership with legal capacity, which acts in practice of its commercial or independent vocational activity with conclusion of a legal transaction, as well as freelancers inside, authorities, bodies of the public right and associations.
3. Natural persons acting as entrepreneurs must be 18 years of age or older.
4. Should TUTAKA become aware after the conclusion of the contract that the user is not an entrepreneur but a consumer, TUTAKA may declare its withdrawal from the contract within a reasonable period of time.

§ 3 Conclusion of contract
1. The contract between TUTAKA and the user is concluded by TUTAKA's acceptance of the user's offer in accordance with the following conditions. 
2. The services offered by TUTAKA within the framework of the online catalog constitute an invitation by TUTAKA to the user to submit an offer for the conclusion of a sales contract. The information about individual products shall enable the user to make a suitable selection.
3. The order placed by the user is an offer to TUTAKA to conclude a sales contract under the conditions stated in the order. An order can be placed by completing the digital ordering process on www.tutaka.com (shopping cart check-out) or by telephone, fax, e-mail, postal mail or online contact form by accepting an offer. 
4. After placing an order, TUTAKA will send an order confirmation of receipt of the order to the e-mail address specified in the order process. This order confirmation merely confirms the receipt of the order, it does not constitute an acceptance of the order.
5. A contract of sale is concluded with the selection of the invoice payment method by sending a separate order confirmation by e-mail from TUTAKA. When ordering with the payment method prepayment, the acceptance of the order is made by sending a proforma invoice within three working days, which contains a request for payment. 
6. The order processing and contact is usually done by e-mail and automated order processing. The ordering party must ensure that the e-mail address provided for order processing is correct so that e-mails sent by TUTAKA can be received at this address. In particular, when using SPAM filters, the ordering party must ensure that all e-mails sent by TUTAKA or third parties commissioned by TUTAKA to process the order can be delivered.
7. The text of the contract is stored on TUTAKA's internal systems. The user can view the general terms and conditions of business at any time on this page. In addition, the order data, the TUTAKA General Terms and Conditions of Business and information on any right of revocation of the user will also be sent by e-mail (order confirmation). In case of an existing user account, the user can also view her or his past orders under the menu item "My Account".

§ 4 Catalog details
1. The goods are delivered in the packaging units specified in the online catalog. We reserve the right to make technical changes and changes to the shape, color and weight unit of the packaging unit within reasonable limits within customary commercial limits.
2. Prices quoted in the catalog are net prices plus the applicable statutory value added tax, unless the price quoted in the online catalog is expressly indicated as a gross price.
3. Should a faulty price marking or a not insignificantly faulty description of the goods offered in the online catalog become apparent, TUTAKA and the user are entitled to withdraw from the contract, notwithstanding any legal right of rescission. This withdrawal must be declared by the respective party immediately after becoming aware of this reason for withdrawal.

§ 5 Reservation of deliverability
1. The delivery times and availability stated in the online catalog are partly based on the information provided by TUTAKA's suppliers and refer to working days from Monday to Friday. They are non-binding statements about the expected delivery times and availability.
2. In the event of non-availability of the goods TUTAKA will inform the customer immediately and, as far as possible, notify the customer of the new expected delivery time. In this case the customer can either accept the new delivery time or withdraw from the contract.
3. If TUTAKA is not responsible for the non-availability of the goods, TUTAKA may withdraw from the contract within a reasonable period of time after having become aware of the non-availability of the goods.
4. Alternatively TUTAKA may offer the customer the delivery of goods of a comparable type and quality instead of the original goods. If the customer does not agree to this contractual amendment within a reasonable period of time after receipt of this offer, TUTAKA may withdraw from the contract within a reasonable period of time. TUTAKA shall reimburse any payments already made without delay in the event of withdrawal.

§ 6 Delivery conditions and transfer of risk
1. TUTAKA forwards some of the orders placed by the customer to its suppliers. Deliveries are partly sent to the customer by the supplier. This marketplace-like characteristic of TUTAKA means that partial deliveries are inherent in the system.
2. The ordering party agrees to partial deliveries unless it can prove that the partial delivery is not of economic interest to it.
3. Deliveries are made to the following countries: Germany (DE), Austria (AT)
4. In individual cases, deliveries are also made to other countries of the European Union and to Switzerland. For further information please contact TUTAKA Customer Service.
5. In individual cases there is the possibility of self-collection. TUTAKA’s Customer Service can provide information on this.
6. The delivery bill is posted with the goods. Invoices will be issued separately by mail or in electronic form.
7. TUTAKA also reserves the right not to execute orders which serve the purpose of a customer acting as a trader (e.g. Amazon, ebay) and using TUTAKA to supply end customers for logistical purposes.
8. In the case of goods delivered by a forwarding agent, delivery shall be "free kerbside", i.e. to the public kerbside nearest to the delivery address, unless otherwise stated in the shipping information on the product page or in the offer and unless otherwise agreed.
9. If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by TUTAKA.
10. The risk of accidental loss or accidental deterioration of the goods shall pass to the customer upon dispatch to the customer, at the latest upon leaving the factory/warehouse. This applies regardless of who dispatches the goods and whether the goods are dispatched from the place of performance or who bears the freight costs.
11. The customer guarantees the complete and correct indication of the delivery address. Should additional shipping costs arise if the delivery address is not complete and correct, these costs will be borne by the customer.
12. The customer undertakes to note potential damage on the shipping documents (e.g. delivery receipt, delivery bill, proof of delivery) when accepting a delivery with externally recognizable transport damage and to have it confirmed in writing by the parcel deliverer or the driver.
13. Should the damage not be visible on the outside of the package, the customer is obliged to report the damage to TUTAKA immediately, but at the latest within five working days after delivery of the ordered items, in order to be able to assert any claims against the supplier, the parcel service or the shipping company.

§ 7 Prices and shipping costs
1. All prices which are stated on the website www.tutaka.com or in written offers are subject to the applicable statutory value added tax. All prices can only be viewed after registration and activation. Any additional delivery and shipping costs that may be incurred will be indicated separately in the respective product description.
2. The corresponding shipping and additional costs are indicated to the user in the shopping cart view. Products marked free of shipping costs are only shipped within Germany and Austria without shipping costs. For deliveries to foreign countries (except Austria) shipping costs are always incurred.
3. Additional shipping costs will be charged for island deliveries. This applies to shipping to the following islands: Fährinsel, Föhr, Sylt, Norderney, Pellworm, Amrum, Juist, Hallig Hooge, Langeoog, Baltrum, Langeneß, Spiekeroog, Borkum, Hallig Gröde, Wangerooge, Helgoland, Hiddensee.
4. TUTAKA points out as a precautionary measure that additional costs may be incurred if an obstacle, such as steps, must be overcome between the actual unloading point and the actual installation site of the goods upon delivery to the delivery address. In such cases, the customer* must contact TUTAKA Customer Service prior to completion of the order process in order to coordinate the delivery and clarify the actual costs incurred. If the customer fails to do so, he/she shall bear the additional costs actually incurred for delivery.

§ 8 Terms of payment
1. For payments in the TUTAKA online store the customer can use the following payment methods: Prepayment or purchase on account. We reserve the right not to offer individual payment methods or to refer to another payment method for each order.
2. If the payment method "prepayment" is chosen, the customer will be sent a separate email with the payment amount and our bank details or a proforma invoice. Upon receipt of this information, the customer undertakes to pay the amount due within seven working days to TUTAKA's business account. As soon as we have received the full payment amount on our account, the order will be initiated.
3. If the payment method "invoice" is chosen, the customer will receive an invoice by email after the delivery has been made. For a problem-free allocation of the payment the indication of the customer and invoice number is elementary. Unless otherwise specified and confirmed by us in writing, the invoice is due for payment immediately upon receipt. We reserve the right to change the chosen payment method to prepayment.
4. If the invoice amount exceeds the amount of € 5.000, half of the invoice amount is due as down payment.
5. TUTAKA checks the creditworthiness of its customers by default when contracts are concluded and, in the case of existing customers, if there is a justified interest. For this purpose we work together with Abacus Pro Service GmbH, from whom we receive the necessary data. For this purpose we transmit the name and contact data of our customers to Abacus Pro Service GmbH. The information according to Art. 14 of the EU data protection basic regulation about the data processing at Abacus Pro Service GmbH can be found here.
6. Interest on arrears will be charged in the amount of 8.00 percent above the respective base interest rate p. a. Per reminder EUR 10.00 reminder fee will be charged. We reserve the right to assert higher damages caused by delay.
7. The bank details of TUTAKA GmbH are Account holder: TUTAKA GmbH, IBAN: DE49 1101 0100 2488 7692 06, BIC: SOBKDEBBXXX, Institute: solarisBank AG / Penta Bank
8. The customer has the right to offset only if his counterclaims have been legally established or are undisputed. The customer is only authorized to exercise a right of retention if his counterclaim is based on the same contractual relationship.
9. TUTAKA reserves the right of ownership of all goods delivered by TUTAKA or its suppliers to the customer until full payment of the goods delivered.

§ 9 Warranty
1. The warranty period for products delivered by TUTAKA is twelve months. In addition, the provisions of §§ 373ff HGB (German Commercial Code) shall apply. In particular, the customer is subject to the duty of examination and notification of defects in accordance with § 377 HGB:

- TUTAKA has the choice of the type of subsequent performance;
- The limitation period for defects in new goods shall be one year from delivery of the goods;
- Rights and claims due to defects are generally excluded for used goods;
2. The limitation period does not start again if a replacement delivery is made within the scope of the liability for defects. the limitations of liability and the shortening of time limits regulated in the above paragraphs do not apply

- for items which have been used for a building in accordance with their usual use and have caused its defectiveness,
- for claims for damages and reimbursement of expenses of the customer, and
- in the event that the seller has fraudulently concealed the defect.
3. Furthermore, the statutory limitation periods for the right of recourse according to § 445b BGB remain unaffected.

§ 10 Contract language
1. The language available for the conclusion of the contract is German. In case of any discrepancies between the English and the German version hereof, the German version shall prevail.

§ 11 Liability
1. TUTAKA shall be liable for all contractual, quasi-contractual and statutory claims, including tortious claims for damages and reimbursement of expenses as follows
 2. TUTAKA shall be liable without limitation for any legal reason

- in case of intent or gross negligence,
- in case of intentional or negligent injury to life, body or health,
- on the basis of a guarantee promise, unless otherwise regulated in this regard,
- due to mandatory liability such as under the Product Liability Act.
3. If TUTAKA negligently violates an essential contractual obligation, the liability is limited to the foreseeable damage typical for this type of contract, unless unlimited liability is provided for in the above paragraph. Essential contractual obligations are obligations which the contract imposes on TUTAKA in order to achieve the purpose of the contract, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the customer may regularly rely.
4. Any other liability on the part of TUTAKA is excluded.
5. The above liability provisions shall also apply with regard to the liability of TUTAKA's legal representatives.

§ 12 Prohibited use
1. The users of tutaka.com are prohibited to use the contents of the site and the databases published on it in any form. This applies in particular to decompiling, reproduction, editing, copying, distribution and making available to the public, translation, and the granting of rights of use.
2. Furthermore, it is forbidden for users to monitor the contents of the site tutaka.com by robots, spiders or other automatic or manual ways and means.
3. The site tutaka.com may only be used to send serious requests. In particular, it may not be abused to send unsolicited messages, such as advertising messages.
4. Users must not direct or place any content or programs in the system which could cause a system malfunction or damage. Users must also refrain from using devices that contain malicious content or programs.

§ 13 Data protection notice
see www.tutaka.com/datenschutz

§ 14 Final provisions
1. Contracts between TUTAKA and the customer shall be governed by the laws of the Federal Republic of Germany, excluding its conflict of laws provisions and excluding the UN Convention on Contracts for the International Sale of Goods.
2. The place of jurisdiction for all disputes arising from contractual relationships between the customer and TUTAKA is the registered office of TUTAKA, Hamburg.
3. Unless otherwise stated in the order confirmation, the place of performance shall be our registered office: Erikastraße 122, 20251 Hamburg, registered with the Hamburg District Court, HRB 161117
4. Should one or more provisions of these GTC be or become invalid or void in whole or in part, or should these T&C contain a loophole, the validity of the provisions of these T&C shall otherwise remain unaffected.

 

TUTAKA GmbH
Marketplace for Sustainable Hospitality
Erikastrasse 122
20251 Hamburg
Deutschland
Tax-ID: DE328329621
Registry court: Amtsgericht Hamburg
Registriernumber: HRB 161117

Managing Directors: Franziska Altenrath, Alexandra Herget

Effective: 14.08.2020