Conditions

  • 1 General
  1. All contracts concluded with DITUPA GmbH (hereinafter: we) are based on the following conditions. They are a legally binding part of the contract for all our business transactions and are bindingly accepted by the buyer upon placing the order. No verbal side agreements have been made.
  2. The place of performance and exclusive jurisdiction for all current and future claims and liabilities arising from business relationships for us and contracting parties who are merchants, legal entities under public law or special funds under public law is our registered office. German law applies.
  3. If one of the provisions is or becomes legally invalid in whole or in part, the remaining provisions shall not be affected.

  • 2 Offer and conclusion of contract
  1. All offers are always subject to change. References to information and images in catalogues and price lists are for illustrative purposes only and do not oblige us to deliver items that are true to the image or dimensions. The decisive factor is the usual and standardised quality of the item. If the buyer is not a consumer, guarantees must be confirmed by us in writing to be effective. Public statements made by other manufacturers regarding the quality of a purchased item are not binding on us towards a buyer who is not a consumer, unless these details are confirmed by us in writing.
  2. Our product presentations on the Internet do not constitute an offer to conclude a contract, but merely represent an invitation to submit an application.
  3. The buyer makes a binding contractual offer by successfully completing the ordering process provided in our online shop. The order is placed in the following steps:
  1. Selection of the desired goods or digital goods
  2. Adding the products by clicking on the corresponding button (e.g. “Add to cart”, “Add to shopping bag” or similar)
  3. checking the goods in the shopping cart
  4. Call up the order overview by clicking on the corresponding button (e.g. “Continue to checkout”, “Continue to payment”, “To order overview” or similar).
  5. Entering/checking address and contact details, selecting the payment method, confirming the terms and conditions and cancellation policy
  6. Completion of the order by clicking the button “Buy now”, which represents the binding order

The order confirmation sent by us represents acceptance of the buyer's offer. The contract between us and the buyer is concluded upon receipt of the order confirmation.


  • 3 Subject matter of the contract and essential characteristics of the products
  1. In our online shop, the subject of the contract is
  1. The sale of goods. The specific goods offered can be found on our product pages.
  2. The sale of digital goods, e.g. software and media downloads. The specific digital goods offered can be found on our article pages.
  1. The essential characteristics of the goods and digital goods are based on the item description.
  2. The restrictions stated in the product description or otherwise arising from the circumstances apply to the sale of digital goods. Unless otherwise agreed in writing, the subject matter of the contract is only the private and commercial use of the products without the right to resell or sublicense.

  • 4 Delivery, delivery delays and acceptance
  1. Delivery times are non-binding unless otherwise agreed in writing. Partial deliveries are permitted. Special circumstances, e.g. force majeure, strikes, etc. extend the delivery time appropriately and entitle us to withdraw from the contract in whole or in part if the buyer is an entrepreneur. If such disruptions lead to a delay in performance of more than four months, the buyer can withdraw from the contract. Other rights of withdrawal remain unaffected.
  2. The risk of loss or damage to goods ordered by a business passes to the buyer upon dispatch, even if partial deliveries are made or freight-free delivery has been agreed. Insurance is only provided upon express request and is at the buyer's expense. In the absence of specific instructions from us, the choice of means and routes of transport is made without guaranteeing the cheapest and fastest shipping. Failure to comply with delivery deadlines does not release the buyer from the obligation to accept the goods.
  3. If we demand compensation for damages due to the buyer's unjustified refusal to accept the goods, this shall amount to 15% of the respective purchase price. The amount of damages shall be higher or lower if we can prove that the damage was greater or the buyer can prove that the damage was less.
  4. For custom-made products, we reserve the right to deliver more or less than 10% of the ordered quantity.

  • 5 Payment, late payment and offsetting
  1. Payment claims are due immediately unless we offer purchase on account.
  2. When purchasing on account, payment must be made within 30 days of the invoice date without deduction to the account specified to the buyer. Payment must be made within the deadline so that the amount required to settle the invoice is available to us by the due date at the latest.
  3. Representatives or other employees are not authorized to collect payments. Payments to these persons do not release you from your payment obligation to us, unless they have authorization to accept payments.
  4. If partial payments have been agreed, the entire remaining debt – regardless of the due date – becomes due for payment immediately if
  1. The buyer, who is not an entrepreneur, defaults in whole or in part on at least two consecutive instalments and the amount for which he is in default amounts to at least 1/10 of the purchase price or
  2. The buyer, who is an entrepreneur, is 14 days late with an instalment, has stopped making payments or insolvency proceedings have been opened against his assets.
  1. If the buyer is in default of payment, we are entitled to demand payment of all outstanding invoices from the business relationship, cancelling agreed due dates and with a payment period of 10 days.
  2. Offsetting against purchase price claims is only permitted with undisputed or legally established claims. The assertion of retention rights and other rights to refuse performance is excluded unless they arise from the same contractual relationship.

  • 6 Warranty and Liability
  1. After collection or delivery, the goods must be checked immediately for correctness, completeness and integrity and defects must be reported to us - if the buyer is not a consumer within two days. Hidden defects must be reported within one week of discovery. If further defects or damage arise due to failure to report this, the warranty is excluded. The warranty is excluded for used items, custom-made items, goods for performance enhancement and items that were not installed by us or an authorized workshop. In the latter case, a current installation manual and invoice from the authorized workshop must be presented.
  2. Transport damage or shortages must be certified on the consignment note by the railway, otherwise by the driver or the persons involved in unloading, stating their names and addresses.
  3. If a defect is proven to have occurred, we will determine whether we will deliver a replacement or make improvements, unless the buyer is a consumer. In the case of subsequent performance for a buyer who is not a consumer, we will not bear any costs that arise because the item requiring subsequent performance was brought to a location other than the buyer's commercial premises, unless this corresponds to the intended use of the item. The warranty period for the buyer who is not a consumer is one year from delivery of the item. If the delivery item has to be sent to the delivery plant to check for defects, the subsequent delivery will be made subject to the delivery plant confirming the defectiveness of the delivery item. In such a case, the replacement delivery will only be made against invoice.
  4. The buyer cannot demand compensation instead of performance. We are liable for personal injuries caused by simple negligence and for property damage that typically occurs and is foreseeable for us and results from the violation of essential contractual obligations. In addition, liability is limited to property damage caused by us through gross negligence or intent. If the damage is covered by insurance taken out by the buyer for the relevant damage event, we are only liable for any associated disadvantages for the buyer, e.g. higher insurance premiums or interest disadvantages until the damage is settled by the insurance company.
  5. The delivery note must be enclosed with all deliveries or returns. The buyer shall bear any costs arising from an unjustified complaint of defects.
  6. Obligation to provide information in accordance with Section 36 of the Consumer Dispute Settlement Principles: We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
  7. Not permitted under the German Road Traffic Act.
  • 7 Retention of title
  1. We retain title to the delivery items until all payments from the respective delivery contract have been received. If the buyer is an entrepreneur, the retention of title also applies to the claims (including all balance claims from current accounts and current invoices) that we have against the buyer from ongoing business relationships. Goods to which we have (co-)ownership are hereinafter referred to as reserved goods.
  2. The connection, processing, transformation and the like of the delivery items are always carried out for us as the manufacturer, but without any obligation for us. The buyer then receives a right of expectancy to the reserved item in the amount of our ownership share. However, if our (co-)ownership expires as a result, it is agreed that the buyer's (co-)ownership of the unified item will pass to us in proportion to its value (invoice value).
  3. The buyer may only sell or process goods subject to retention of title in the normal course of business. If the retention of title expires for reasons other than those stated in Section 6 Paragraph 2, in particular through resale, the buyer hereby assigns to us his claims arising from this as security, regardless of whether he sells the goods together with other services or to one or more buyers. The buyer immediately informs us of any agreed prohibitions on assignment. At our request, he will inform the third-party debtors of the assignment, provide us with all information required to assert our rights and hand over all documents to us.
  4. The buyer is obliged to treat the reserved goods with care, to bear any costs incurred and to store them free of charge. He may not pledge them, assign them as security or dispose of them in any similar way. We must be informed immediately of any such impairment. The buyer, who is an entrepreneur, is obliged to insure the reserved goods against the risk of fire and theft at his own expense and to prove this to us upon request by presenting an insurance certificate.
  5. If the buyer defaults on payment or fails to meet his obligations under the retention of title, we may demand the delivery item from the buyer and, after giving written notice with a reasonable period of time, make the best possible use of it by selling it privately, taking the proceeds from the sale into account against the purchase price.
  6. If we demand the delivery item to be returned, the buyer is obliged to return the delivery item to us immediately, excluding any rights of retention - unless they are based on the delivery contract. In the event of default in payment, the buyer hereby irrevocably authorizes us to collect the reserved goods immediately and to enter his business and storage premises unhindered for this purpose.
  7. The buyer bears all costs of taking back and disposing of the delivery item. The disposal costs amount to 10% of the disposal proceeds including VAT without proof. They can be set higher or lower if we can prove higher costs or the buyer can prove lower costs. The proceeds will be credited to the buyer after deducting the costs and other claims related to the contract.
  8. If the buyer does not treat the item in accordance with his obligations under the retention of title or does not comply with his obligation to provide information, it is unreasonable for us to maintain the contract. In this case, we can - if necessary after setting a deadline - withdraw from the contract and demand compensation instead of performance.