AGB
Table of Contents
1. Scope of Application
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Terms of Payment
5. Terms of Delivery and Dispatch
6. Reservation of Title
7. Liability for Defects (Warranty)
8. Redemption of Promotional Vouchers
9. Applicable Law
10. Place of Jurisdiction
11. Code of Conduct
12. Alternative Dispute Resolution
1) Scope
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Pull Up Case GmbH (hereinafter referred to as "Seller"), apply to all contracts for the delivery of goods, which a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with the Seller with regard to the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes which are predominantly neither commercial nor self-employed.
1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity which, when entering into a legal transaction, acts in the exercise of its commercial or self-employed professional activity.
2) Conclusion of contract
2.1 The product descriptions contained in the Seller's online store do not constitute binding offers on the part of the Seller, but serve for the submission of a binding offer by the Customer.
2.2 The Customer may submit the offer via the online order form integrated into the Seller's online store. In doing so, after placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the customer may also submit the offer to the seller by telephone or e-mail.
2.3 The Seller may accept the Customer's offer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive, or
- by delivering the ordered goods to the customer, in which case the receipt of the goods by the customer shall be decisive, or
- by requesting payment from the customer after the customer has placed the order.
If several of the aforementioned alternatives exist, the contract shall be concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the Customer shall no longer be bound by its declaration of intent.
2.4 If the customer chooses a payment method offered by PayPal, the payment will be processed by the payment service provider PayPal (Europe) S.Ã r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the Terms for Payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays by means of a payment method offered by PayPal that can be selected in the online ordering process, the seller already declares acceptance of the customer's offer at the time the customer clicks the button that concludes the ordering process.
2.5 When submitting an offer via the Seller's online order form, the text of the contract shall be stored by the Seller after the conclusion of the contract and transmitted to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent his order. The Seller shall not make the text of the contract accessible beyond this.
2.6 Before submitting a binding order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.
2.7 The German and English languages are available for the conclusion of the contract.
2.8 Order processing and contacting usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct, so that e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
3) Right of withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 More detailed information on the right of withdrawal can be found in the Seller's instructions on withdrawal.
3.3 The right of withdrawal does not apply to consumers who do not belong to a Member State of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.
4) Prices and terms of payment
4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices which include the statutory value added tax. Any additional delivery and shipping costs will be indicated separately in the respective product description.
4.2 In the case of deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the Seller is not responsible and which are to be borne by the Customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The payment option(s) will be communicated to the customer in the Seller's online shop.
4.4 If the payment method "PayPal Credit" (payment by instalments via PayPal) is selected, the Seller assigns its payment claim to PayPal. Before accepting the Seller's declaration of assignment, PayPal shall carry out a creditworthiness check using the transmitted customer data. The seller reserves the right to refuse the customer the payment method "PayPal Credit" in the event of a negative check result. If the payment method "PayPal Credit" is approved by PayPal, the customer must pay the invoice amount to PayPal at the conditions specified by the seller, which are communicated to him in the seller's online shop. In this case, he can only make payment to PayPal with debt-discharging effect. However, the seller shall remain responsible for general customer enquiries, e.g. regarding the goods, delivery time, dispatch, returns, complaints, revocation declarations and deliveries or credit notes, even in the event of assignment of the claim.
5) Delivery and shipping conditions
5.1 If the Seller offers to ship the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the Seller's order processing shall be decisive.
5.2 If the delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply with regard to the costs for the return shipment if the customer effectively exercises his right of revocation. In the event that the customer effectively exercises its right of revocation, the costs of returning the goods shall be governed by the provisions set out in the Seller's revocation instructions.
5.3 If the customer is acting as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer as soon as the Seller has delivered the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall in principle only pass to the customer or a person authorised to receive the goods when the goods are handed over to the customer. Notwithstanding the foregoing, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer, even in the case of consumers, as soon as the seller has delivered the goods to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment, if the customer commissions the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment to carry out the shipment and the seller has not previously named this person or institution to the customer.
5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This shall only apply in the event that the Seller is not responsible for the non-delivery and the Seller has, with due diligence, concluded a specific covering transaction with the supplier. The Seller shall make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded without delay.
5.5 Self-collection is not possible for logistical reasons.
6) Retention of title
If the Seller makes advance performance, it shall retain title to the goods delivered until the purchase price owed has been paid in full.
7) Liability for defects (warranty)
7.1 Unless otherwise stated in the following provisions, the provisions of the statutory liability for defects shall apply. In deviation from this, the following shall apply to contracts for the delivery of goods:
7.2 If the customer is acting as an entrepreneur, - the seller shall have the choice of the type of subsequent performance; - in the case of new goods, the limitation period for defects shall be one year from the delivery of the goods; - in the case of used goods, the rights and claims due to defects shall be excluded; - the limitation period shall not begin again if a replacement delivery is made within the scope of the liability for defects.
7.3 The above-mentioned limitations of liability and shortening of the limitation period shall not apply - to claims for damages and reimbursement of expenses of the customer, - in the event that the seller has fraudulently concealed the defect, - to goods which have been used in accordance with their customary use for a building and have caused its defectiveness, - to any obligation of the seller to make available the goods to the customer, - to any obligation of the seller to make available the goods to the customer. for any existing obligation of the Seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.
7.4 In addition, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse shall remain unaffected.
7.5 If the Customer acts as a merchant within the meaning of § 1 of the German Commercial Code (HGB), he shall be subject to the commercial duty of inspection and notification of defects pursuant to § 377 of the German Commercial Code (HGB). If the customer fails to comply with the notification obligations regulated therein, the goods shall be deemed to have been approved.
7.6 If the customer is acting as a consumer, he is requested to complain about delivered goods with obvious transport damage to the deliverer and to inform the seller thereof. If the customer does not comply with this, this shall have no effect on his statutory or contractual claims for defects.
8) Redemption of promotional vouchers
8.1 Vouchers that are issued free of charge by the seller as part of promotions with a specific period of validity and that cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the seller's online shop and only during the specified period.
8.2 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotional voucher.
8.3 Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
8.4 Only one promotional voucher can be redeemed per order.
8.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the Seller.
8.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller can be chosen to settle the difference.
8.7 The credit balance of a promotional voucher is neither paid out in cash nor does it earn interest.
8.8 The promotional voucher will not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the scope of his statutory right of cancellation.
8.9 The promotional voucher is only intended for use by the person named on it. Transfer of the promotional voucher to third parties is excluded. The Seller is entitled, but not obliged, to check the material eligibility of the respective voucher holder.
9) Applicable law
9.1 All legal relations between the parties shall be governed by the law of the Federal Republic of Germany, excluding the laws on the international sale of movable goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
9.2 Furthermore, this choice of law shall not apply with regard to the statutory right of withdrawal in the case of consumers who do not belong to a Member State of the European Union at the time of conclusion of the contract and whose sole residence and delivery address are outside the European Union at the time of conclusion of the contract.
10) Place of jurisdiction
If the customer is a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the place of business of the seller. If the customer has its registered office outside the territory of the Federal Republic of Germany, the Seller's registered office shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the Seller shall in any case be entitled to bring an action before the court at the Customer's place of business.
11) Code of Conduct
- The Seller has submitted to the Trusted Shops quality criteria, which can be viewed on the Internet at https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf.
12) Alternative Dispute Resolution
12.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr.
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
12.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.