General Terms and Conditions (GTC) – B2B / Business Customers
Table of Contents
1. Scope of Application
2. Conclusion of the Contract
3. Right of Withdrawal
4. Prices and Payment Terms
5. Delivery and Shipping Conditions
6. Retention of Title
7. Liability for Defects (Warranty)
8. Redemption of Promotional Vouchers
9. Applicable Law
10. Place of Jurisdiction
11. Code of Conduct
1) Scope of Application
1.1 These General Terms and Conditions (hereinafter “GTC”) of Pull Up Case GmbH (hereinafter “Seller”) apply to all contracts for the delivery of goods that an entrepreneur (hereinafter “Customer”) concludes with the Seller concerning the goods displayed by the Seller in its online shop. The inclusion of the Customer’s own terms and conditions is hereby rejected unless otherwise agreed.
1.2 For the purposes of these GTC, an entrepreneur is a natural person, legal entity, or partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2) Conclusion of the Contract
2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers by the Seller, but serve as an invitation for the Customer to submit a binding offer.
2.2 The Customer may submit the offer using the online order form integrated into the Seller’s online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding offer to conclude a contract for the goods contained in the shopping cart by clicking the button that completes the ordering process. The Customer may also submit the offer to the Seller by telephone or email.
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 email), in which case receipt of the order confirmation by the Customer is decisive, or by delivering the ordered goods to the Customer, in which case receipt of the goods by the Customer is decisive, or by requesting payment from the Customer after the Customer has submitted the order. If several of the aforementioned alternatives apply, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day following the day on which the Customer sends the offer and ends at the end of the fifth day following the day on which the offer was sent. If the Seller does not accept the Customer’s offer within the aforementioned period, this shall be deemed rejection of the offer, with the consequence that the Customer is no longer bound by their declaration of intent.
2.4 If a payment method offered by PayPal is selected, payment processing takes place through the payment service provider PayPal (Europe) S.à 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 using a payment method offered by PayPal that can be selected during the online ordering process, the seller hereby declares acceptance of the customer’s offer at the time the customer clicks the button that completes the ordering process.
2.5 When submitting an offer via the seller’s online order form, the seller stores the contract text after the contract has been concluded and sends it to the customer in text form (e.g. by email, fax, or letter) after the customer has submitted their order. The seller does not make the contract text accessible in any other way.
2.6 Before submitting the order bindingly 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 of improving the detection of input errors may be the browser’s zoom function, which enlarges the display on the screen. The customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that completes the ordering process.
2.7 German and English are available for the conclusion of the contract.
2.8 Order processing and communication generally take place by email and through automated order processing. The customer must ensure that the email address provided for order processing is correct, so that emails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
3) Right of Revocation
A statutory right of revocation exists only for consumers within the meaning of § 13 BGB.
As our offer is directed exclusively at businesses (§ 14 BGB), there is no right of revocation.
3.1 Consumers generally have a right of revocation.
3.2 Further information on the right of revocation is provided in the seller’s revocation instructions.
3.3 The right of revocation does not apply to consumers who, at the time the contract is concluded, are not nationals of a member state of the European Union and whose sole residence and delivery address are outside the European Union at the time the contract is concluded.
4) Prices and Payment Terms
4.1 Unless otherwise stated in the seller’s product description, the prices shown are total prices that include statutory VAT. Any additional delivery and shipping costs are specified separately in the respective product description.
4.2 In the case of deliveries to countries outside the European Union, additional costs may arise in individual cases that are beyond the seller’s control and must be borne by the customer. These include, for example, costs for transferring money through credit institutions (e.g. transfer fees, currency conversion fees) or import duties and taxes (e.g. customs duties). Such costs may also arise in connection with the transfer of money 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 available payment method(s) will be communicated to the customer in the seller’s online shop.
4.4 When selecting the payment method “PayPal Credit” (payment by installments via PayPal), the seller assigns the payment claim to PayPal. Before accepting the seller’s declaration of assignment, PayPal conducts a credit check using the customer data provided. The seller reserves the right to refuse the customer the payment method “PayPal Credit” in the event of a negative result. If PayPal approves the payment method “PayPal Credit,” the customer must pay the invoice amount to PayPal under the terms and conditions specified by the seller and communicated to the customer in the seller’s online shop. In this case, the customer may make payments only to PayPal with discharging effect. However, even in the event of the assignment of the claim, the seller remains responsible for general customer inquiries, e.g. regarding the goods, delivery time, dispatch, returns, complaints, declarations and submissions of revocation, or credits.
5) Delivery and shipping terms
5.1 If the seller offers shipment of the goods, delivery shall be made within the delivery area specified by the seller to the delivery address provided by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified during the seller’s order process shall be decisive.
5.2 If delivery of the goods fails for reasons attributable to the customer, the customer shall bear the reasonable costs incurred by the seller as a result. With regard to the cost of shipment to the customer, this does not apply if the customer effectively exercises their right of withdrawal. In the event that the customer effectively exercises their right of withdrawal, the provision in the seller’s withdrawal instructions regarding return shipping costs shall apply.
5.3 If the customer acts as a business, the risk of accidental loss and accidental deterioration of the sold goods passes to the customer as soon as the seller has handed the goods over to the forwarding agent, carrier, or other person or institution designated to carry out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally passes to the customer only when the goods are handed over to the customer or a person authorized to receive them. By way of derogation, even for consumers, the risk of accidental loss and accidental deterioration of the sold goods passes to the customer as soon as the seller has handed the goods over to the forwarding agent, carrier, or other person or institution designated to carry out the shipment, if the customer has commissioned the forwarding agent, carrier, or other person or institution designated to carry out the shipment and the seller had 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-supply. This applies only if the failure to deliver is not the seller’s responsibility and the seller has concluded a specific covering transaction with the supplier with due diligence. The seller will make all reasonable efforts to procure the goods. If the goods are unavailable or only partially available, the customer will be informed immediately and any consideration paid will be refunded without delay.
5.5 Pickup is not possible for logistical reasons.
6) Retention of title
If the seller makes advance delivery, they retain ownership of the delivered goods until the purchase price owed has been paid in full.
7) Liability for defects (warranty)
7.1 Unless otherwise provided in the following provisions, the statutory provisions on liability for defects shall apply. By way of derogation, the following applies to contracts for the supply of goods:
7.2 If the customer acts as a business, - the seller has the choice of the type of subsequent performance; - for new goods, the limitation period for defects is one year from delivery of the goods; - for used goods, rights and claims due to defects are excluded; - the limitation period does not restart if replacement delivery is made as part of liability for defects.
7.3 The above limitations of liability and reductions of time limits do not apply - to the customer's claims for damages and reimbursement of expenses, - in the event that the seller fraudulently concealed the defect, - to goods that have been used for a building in accordance with their customary manner of use and have caused the building's defectiveness, - to any existing obligation of the seller to provide updates for digital products, in contracts for the supply of goods with digital elements.
7.4 In addition, for businesses, the statutory limitation periods for any existing statutory right of recourse remain unaffected.
7.5 If the customer acts as a merchant within the meaning of § 1 HGB, they are subject to the commercial duty to inspect and give notice of defects pursuant to § 377 HGB. If the customer fails to comply with the notification obligations specified therein, the goods shall be deemed approved.
7.6 If the customer acts as a consumer, they are requested to report goods delivered with obvious transport damage to the delivery agent and inform the seller accordingly. Failure to do so has no effect whatsoever on their statutory or contractual claims for defects.
8) Redeeming promotional vouchers
8.1 Vouchers issued free of charge by the seller as part of promotional campaigns for a specified validity period and which cannot be purchased by the customer (hereinafter "promotional vouchers") may 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 such a restriction follows from the content of the promotional voucher.
8.3 Promotional vouchers may only be redeemed before the order process is completed. Subsequent offsetting is not possible.
8.4 Only one promotional voucher may 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 insufficient to cover the order, one of the other payment methods offered by the seller may be selected to pay the difference.
8.7 The balance of a promotional voucher will neither be paid out in cash nor accrue interest.
8.8 The promotional voucher will not be refunded if the customer returns goods paid for in whole or in part with the promotional voucher under their statutory right of withdrawal.
8.9 The promotional voucher is intended solely for use by the person named on it. The promotional voucher may not be transferred to third parties. The seller is entitled, but not obliged, to verify the substantive eligibility of the respective voucher holder.
9) Applicable Law
9.1 All legal relationships between the parties shall be governed by the law of the Federal Republic of Germany, excluding the laws governing the international sale of movable goods. For consumers, this choice of law shall apply only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has their habitual residence.
9.2 Furthermore, this choice of law does not apply with regard to the statutory right of withdrawal for consumers who, at the time the contract is concluded, do not belong to a member state of the European Union and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.
10) Place of Jurisdiction
If the customer acts as a commercial business, a legal entity under public law, or a special fund under public law domiciled within the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the seller's registered office. If the customer is domiciled 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 activities. In the aforementioned cases, however, the seller shall in any event be entitled to bring an action before the court at the customer's registered office.
11) Code of Conduct
- The seller has agreed to comply with the Trusted Shops quality criteria, which can be viewed online at https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf .
Note: This offer is intended exclusively for entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB). Contracts with consumers are not concluded.
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