General Terms and Conditions (GTC) – B2B / Business Customers
Table of Contents
1. Scope
2. Conclusion of 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
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 concluded by an entrepreneur (hereinafter "Customer") with the Seller regarding goods displayed in the Seller's online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
2) Conclusion of Contract
2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve for the Customer to submit a binding offer.
2.2 The Customer can submit the offer via the online order form integrated into the Seller's online shop. 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 concerning the goods contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the Customer can also submit the offer to the Seller by phone or email.
2.3 The Seller can 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), whereby the receipt of the order confirmation by the Customer is decisive, or - by delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or - by asking the Customer to pay after the Customer has placed their order. If several of the aforementioned alternatives exist, 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 after the Customer sends the offer and ends with the expiry 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 is considered a rejection of the offer, with the consequence that the Customer is no longer bound by his declaration of intent.
2.4 If a payment method offered by PayPal is selected, payment processing is handled by 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 user agreement, viewable at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full, or – if the Customer does not have a PayPal account – subject to the conditions for payments without a PayPal account, viewable at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays using a PayPal payment method selectable during the online ordering process, the Seller hereby declares acceptance of the Customer's offer at the moment the Customer clicks the button that concludes the ordering process.
2.5 When an offer is submitted via the Seller's online order form, the contract text is stored by the Seller after the contract is concluded and transmitted to the Customer in text form (e.g., email, fax, or letter) after the Customer's order has been sent. The Seller does not make the contract text accessible beyond this.
2.6 Before the binding submission of an 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 browser's magnification function, which enlarges the display on the screen. The Customer can correct their entries within the electronic ordering process using the usual keyboard and mouse functions until they click 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 contact usually take place via email and automated order processing. The Customer must ensure that the email address provided by them 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 for order processing can be delivered.
3) Right of Withdrawal
A statutory right of withdrawal exists only for consumers within the meaning of § 13 BGB (German Civil Code).
Since our offer is exclusively directed at entrepreneurs (§ 14 BGB), there is no right of withdrawal.
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the Seller's cancellation policy.
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 of concluding the contract and whose sole residence and delivery address at the time of concluding the contract are outside the European Union.
4) Prices and Payment Terms
4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices that include statutory value-added tax. Any additional delivery and shipping costs incurred are specified separately in the respective product description.
4.2 For deliveries to countries outside the European Union, further 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 money transfer 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 with regard to money transfer 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" (installment payment via PayPal) is selected, the Seller assigns its payment claim to PayPal. Before accepting the Seller's declaration of assignment, PayPal conducts a credit check using the transmitted customer data. The Seller reserves the right to refuse the Customer the "PayPal Credit" payment method in the event of a negative check result. If the "PayPal Credit" payment method is approved by PayPal, the Customer must pay the invoice amount to PayPal under the conditions stipulated 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, even in the event of the assignment of claims, the Seller remains responsible for general customer inquiries, e.g., regarding goods, delivery time, shipment, returns, complaints, cancellation declarations and shipments, or credit notes.
5) Delivery and Shipping Conditions
5.1 If the Seller offers shipping of the goods, delivery will be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. The delivery address specified in the Seller's order processing is decisive for the transaction.
5.2 If the 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. This does not apply to the costs for the outward shipment if the Customer effectively exercises their right of withdrawal. For return costs, the provisions made in the Seller's cancellation policy apply if the Customer effectively exercises their right of withdrawal.
5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has delivered the item to the forwarding agent, the carrier or the person or institution otherwise 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 only when the goods are handed over to the Customer or a person authorized to receive them. Deviating from this, 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 delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment, if the Customer has commissioned the forwarding agent, the carrier or the person or institution otherwise designated 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 only applies if the non-delivery is not attributable to the Seller and the Seller has concluded a concrete covering transaction with the supplier with due diligence. The Seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the Customer will be informed immediately and the consideration will be refunded immediately.
5.5 Self-collection is not possible for logistical reasons.
6) Retention of Title
If the Seller performs in advance, he retains title to the delivered goods 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 statutory liability for defects apply. Deviating from this, the following applies to contracts for the delivery of goods:
7.2 If the Customer acts as an entrepreneur, - the Seller has the choice of the type of supplementary 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 recommence if a replacement delivery is made within the scope of liability for defects.
7.3 The limitations of liability and reductions of deadlines regulated above do not apply - to claims for damages and reimbursement of expenses by the customer, - in the event that the seller has fraudulently concealed the defect, - to goods that have been used for a building in accordance with their usual use and have caused its 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 entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remain unaffected.
7.5 If the Customer is a merchant within the meaning of § 1 HGB (German Commercial Code), he is subject to the commercial duty to examine and give notice of defects in accordance with § 377 HGB. If the Customer fails to comply with the notification obligations regulated therein, the goods are deemed to have been approved.
7.6 If the Customer is a consumer, he is requested to complain about goods delivered with obvious transport damage to the deliverer and to inform the Seller thereof. If the Customer fails to do so, this has no effect on his statutory or contractual claims for defects.
8) Redemption of Promotional Vouchers
8.1 Vouchers issued free of charge by the Seller as part of promotional campaigns with a specific validity period and which cannot be purchased by the Customer (hereinafter "Promotional Vouchers") can only be redeemed in the Seller's online shop and only within the specified period.
8.2 Individual products may be excluded from the voucher promotion if such a restriction results from the content of the promotional voucher.
8.3 Promotional vouchers can only be redeemed before the order process is completed. Subsequent crediting 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 of a promotional voucher is neither paid out in cash nor does it accrue interest.
8.8 The promotional voucher will not be refunded if the customer returns goods paid for wholly or partially with the promotional voucher within the scope of their statutory right of withdrawal.
8.9 The promotional voucher is intended only 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 verify the material entitlement of the respective voucher holder.
9) Applicable Law
9.1 All legal relationships between the parties are governed by the laws of the Federal Republic of Germany, excluding the laws on the international sale of movable goods. For consumers, this choice of law applies only insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
9.2 Furthermore, this choice of law does not apply with regard to the statutory right of withdrawal for consumers who do not belong to a Member State of the European Union at the time of concluding the contract and whose sole residence and delivery address at the time of concluding the contract are outside the European Union.
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 is the Seller's business location. If the Customer has its registered office outside the territory of the Federal Republic of Germany, the Seller's business location is 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 aforementioned cases, however, the Seller is in any case entitled to appeal to the court at the Customer's registered office.
11) Code of Conduct
- The Seller has submitted to 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 exclusively directed at entrepreneurs within the meaning of § 14 BGB. Contracts with consumers are not concluded.
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