§ 1 Scope
(1) The General Terms and Conditions of Uprail GmbH (hereinafter “People's Store”) apply to all contracts that a consumer or entrepreneur (hereinafter collectively “customer”) enters into with the People's Store using the website “www.Peoplesstore.de “as well as all subdomains belonging to this domain with regard to the goods and/or services presented therein. The customer's different and/or own conditions only apply if they have been expressly agreed with People's Store. The inclusion of different and/or own conditions of the customer is expressly rejected.
(2) The contractual partner is Uprail GmbH, Richard-Byrd-Str. 12, 50829 Cologne, Federal Republic of Germany. People's Store is a protected company name of Uprail GmbH and a word mark registered with the German Patent and Trademark Office under registration number 30 2008 042 494.
(3) A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that cannot primarily be attributed to their commercial or independent professional activity. An entrepreneur within the meaning of these General Terms and Conditions is any natural or legal person or partnership with legal capacity who, when concluding the legal transaction, acts in the exercise of their commercial or independent professional activity.
§ 2 Conclusion of contract
(1) The product presentations contained in the People's Store do not represent binding offers, but are intended exclusively for the customer to submit a binding offer.
(2) The customer can submit the offer using the online order form integrated in the People's Store. After placing the selected goods and/or services 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 and/or services contained in the shopping cart by clicking on the button that completes the ordering process . The customer can also submit offers to the People's Store by telephone, fax, email or post.
(3) People's Store can accept the customer's offer within five (5) 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 is.
(4) When submitting an offer via the People's Store online order form, the contract text is saved by People's Store and sent to the customer in text form (e.g. e-mail, fax or letter) after submitting their order along with these General Terms and Conditions . In addition, the contract text is archived on the People's Store website and can be accessed free of charge by the customer via his password-protected customer account by providing the relevant login details, provided that the customer has created a customer account in the People's Store online shop before sending his order.
(5) Before submitting the order via the People's Store online order form, the customer can continuously change, adapt or correct his entries using the keyboard and mouse functions. All entries made by the customer are displayed again in a confirmation window before the order is bindingly submitted and can also be changed, supplemented or corrected there again using keyboard and mouse functions.
(6) Only the German language is available for concluding the contract.
(7) Order processing and contact by the People's Store usually takes place via email and/or automated order processing. The customer will ensure that the email address he provided to process the order is correct so that emails sent by People's Store can be received at this email address. In particular, when using spam filters, the customer must ensure that all emails sent by People's Store or by third parties commissioned to process the order can be delivered.
(8) People's Store is not obliged to accept the customer's offer. People's Store will immediately inform the customer about the rejection of the offer and/or the unavailability of the ordered goods and immediately reimburse any services already provided by the seller. In these cases, People's Store reserves the right to offer the customer a replacement item that is of equal price and quality. The buyer is under no obligation to accept this offer from People's Store.
(9) People's Store does not assume any procurement risk, not even in the case of a purchase contract for generic goods. People's Store is only obliged to deliver from its stock of goods and the deliveries of goods ordered by People's Store from its suppliers. People's Store's obligation to deliver does not apply if People's Store itself is not delivered correctly and on time despite a proper congruent cover transaction and if People's Store is not responsible for the lack of availability, People's Store has informed the customer of this immediately and People's Store has not assumed a procurement risk has. If the goods are not available, People's Store will immediately refund any advance payment to the customer.
(10) The delivery time is extended appropriately in the event of circumstances affecting delivery due to force majeure. Force majeure includes strikes, lockouts, official interventions, energy and raw material shortages, transport bottlenecks for which we are not responsible, operational disruptions for which we are not responsible, e.g. B. due to fire, water and machine damage and all other hindrances that, from an objective perspective, were not culpably caused by People's Store. The start and end of such obstacles will be communicated to the customer by People's Store immediately. If the impediment to performance in the aforementioned cases lasts for a period of more than four (4) weeks after the originally applicable delivery times, the customer is entitled to withdraw from the contract. Further claims, especially for damages do not exist.
§ 3 Right of withdrawal
Consumers have a statutory right of withdrawal. Further information on the right of withdrawal can be found in the People's Store's cancellation policy. To exercise the right of withdrawal, the customer can use the withdrawal form stored in the People's Store or submit another declaration of withdrawal.
§ 4 Payment, due date, late payment
(1) Unless otherwise stated in the product description of People's Store, the prices stated are total prices which include the statutory sales tax at the rate applicable in the Federal Republic of Germany. Additional delivery and shipping costs are stated separately in the respective product description.
(2) The payment options specified in the People's Store are available to the customer. Payment for the goods can be made in advance, cash on delivery, PayPal, on account or by direct debit. Payment for goods by cash on delivery is only possible when shipping within the Federal Republic of Germany. People's Store reserves the right to accept or exclude certain payment methods in individual cases.
(3) If payment is made in advance, payment is due immediately after conclusion of the contract and must be paid by the customer immediately.
(4) When paying cash on delivery, the customer undertakes to pay the purchase price upon delivery of the goods.
(5) If you select the payment method “delivery on account”, the purchase price is due after delivery and invoicing. In this case, the purchase price must be paid without deductions within fourteen (14) days of receipt of the invoice, unless otherwise agreed. People's Store reserves the right to carry out a credit check if the payment method “delivery on account” is selected and to reject this payment method if the credit check is negative.
(6) When “purchasing by direct debit”, the purchase price is due immediately for payment by direct debit from the checking account specified in the ordering process at the credit institution specified there. The advance information regarding the collection of the direct debit will be sent to the customer by email at least one day before the due date to the email address provided by the customer during the ordering process. If the checking account does not have the required funds, the credit institution holding the account has no obligation to redeem it. Partial redemptions will not be made using direct debit. By specifying the checking account, the customer confirms that People's Store is authorized to make direct debits via the corresponding checking account and that the checking account will have the required funds at the due date. Chargebacks involve a lot of effort and costs for People's Store. In the event of a return direct debit (due to insufficient funds in the current account, due to the expiry of the current account or an unjustified objection by the account holder), the customer authorizes People's Store to submit the direct debit again for the payment obligation due in each case. In such a case, the customer is obliged to bear the costs resulting from the return debit. Further demands are reserved. The customer reserves the right to provide proof that the return debit resulted in lower or no costs. In view of the effort and costs involved in return direct debits, People's Store asks the customer not to object to the direct debit in the event of a revocation or withdrawal from the contract, a return or a complaint. In such a case, after consultation with People's Store, the payment will be reversed by transferring the corresponding amount back or by crediting it.
(7) If you select the payment method “PayPal”, payment is processed via the payment service provider PayPal (Europe) SARL et Cie, SCA, 22 – 24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal Terms of Use, which can be viewed at https: //www.paypal.com/de/webapps/mpp/ua/useragreement-full. The prerequisite for the payment method “PayPal” is that the customer has a PayPal account.
§ 5 Delivery
(1) People's Store uses the logistics service provider DHL to deliver goods.
(2) Delivery takes place by sending the purchased item to the delivery address specified by the customer. If you select the payment method “PayPal”, People's Store can also send the purchased item to the delivery address provided by the customer with PayPal at the time of payment. The delivery time for deliveries to Germany and Austria is 3 – 5 working days. The deadline for delivery begins on the day after the payment order is issued to the transferring credit institution if payment is made in advance or on the day after the contract is concluded for other payment methods and ends at the end of the last day of the deadline. If the last day of the deadline falls on a Saturday, Sunday or a public holiday recognized by the state at the place of delivery, such a day will be replaced by the next working day.
(3) If the transport company returns the shipped goods to People's Store because delivery to the delivery address specified by the customer was not possible, the customer will bear the costs for the unsuccessful shipping. This does not apply if the customer is not responsible for the circumstances that led to the impossibility of delivery of the delivery item or if he was temporarily prevented from accepting the service offered, unless People's Store provided him with the service within had announced a reasonable time in advance.
(4) If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold is transferred to the customer at the time that People's Store delivers the purchased item to the freight forwarder, the freight carrier or the person otherwise designated to carry out the shipment extradited person or institution. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the purchased item generally only passes when the purchased item is handed over to the customer or to a person authorized to receive it. This applies regardless of whether shipping is insured or not.
(5) The shipping costs per order and delivery address are €6.00 regardless of the order value. For deliveries to shipping addresses outside the Federal Republic of Germany, the prices resulting from the delivery and shipping information apply.
If you send cash on delivery, an additional €3.00 will be charged. For cash on delivery orders, People's Store will contact the customer in writing or by telephone before shipping the purchased item.
(6) Goods that cannot be sent by normal post due to their weight, volume or nature (bulky goods) can only be delivered within the Federal Republic of Germany. Bulky goods cannot be delivered to packing stations.
For bulky goods, People's Store charges the shipping costs actually incurred as shipping costs. When ordering bulky goods, the customer must provide a telephone number at which People's Store and/or the freight forwarder responsible for shipping the purchased item can reach the customer during the day between 9 a.m. and 6 p.m. in order to coordinate an exact delivery date.
§ 6 Retention of title
(1) People's Store reserves ownership of the goods delivered to consumers until the price has been paid in full.
(2) People's Store reserves ownership of the delivered goods towards entrepreneurs until all claims arising from the ongoing business relationship have been settled in full.
(3) If the customer acts as an entrepreneur, he is entitled to resell the reserved goods in the normal course of business. The customer assigns all resulting claims against third parties to People's Store in advance in the amount of the respective invoice value (including VAT). The assignment applies regardless of whether the reserved goods were resold without or after processing. The customer remains authorized to collect the claims even after the assignment. People's Store will not collect the claims as long as the customer meets his payment obligations, does not default on payments and no application for the opening of insolvency proceedings has been filed.
§ 7 Prices
(1) The prices stated for the purchased item are euro prices. The price stated includes the statutory VAT at the rate applicable in the Federal Republic of Germany. Delivery and shipping costs are not included in the stated price. The delivery and shipping costs are added to the stated price for the purchased item.
(2) The price resulting from the purchase contract applies.
(3) When the website “www.Peoplesstore.de” is updated, all previous prices and other information about the purchased item become invalid, provided that there is no effective purchase contract between People's Store and the customer at this point in time. Only the prices and the description of the purchased item at the time the contract is concluded apply.
§ 8 Liability for defects
(1) The statutory liability for defects applies to consumers.
(2) In contracts between People's Store and entrepreneurs
- an insignificant defect generally does not give rise to claims for liability for defects;
- People's Store has the choice of the type of supplementary performance
- for new goods, the limitation period for defects is one year from the transfer of risk;
- In the case of used goods, rights and claims due to defects are fundamentally excluded
- the statute of limitations does not begin again if a replacement delivery is made within the scope of liability for defects.
As far as the customer is a merchant i. S.d. § 1 HGB, the provisions of the Commercial Code apply, including the commercial obligation to investigate and give notice of complaints in accordance with § 377 HGB. If the obligation to inspect and report complaints is not properly fulfilled, the goods are deemed to have been approved.
§ 9 Applicable law, place of jurisdiction
(1) The law of the Federal Republic of Germany applies to all legal transactions and legal relationships between People's Store and the customers.
(2) The UN Convention on Contracts for the International Sale of Goods (CISG) and other intergovernmental agreements, even after their adoption into German law, do not apply. In the case of contracts with consumers, this choice of law only applies to the extent that the protection granted by mandatory legal provisions of the law of the country in which the customer has his habitual residence is not withdrawn from the customer.
(3) For contracts with entrepreneurs, the place of jurisdiction for all legal disputes regarding these terms and conditions and for contracts concluded under them, including bill of exchange and check lawsuits, is the place of business of People's Store in Cologne. People's Store is also entitled to sue at the customer's registered office.
§ 10 Changes to the General Terms and Conditions
(1) In ongoing business relationships, People's Store is entitled to change these General Terms and Conditions to the extent that this is necessary to eliminate equivalence disorders or to adapt to changed legal or technical framework conditions. People's Store will inform the customer of any changes to the General Terms and Conditions by sending a version of the General Terms and Conditions that apply from then on. The change will become a binding part of the contract for all subsequent contracts with the customer if the customer does not object to the inclusion of the new General Terms and Conditions in the contractual relationship with People's Store in written or text form within six (6) weeks of receipt of the change notification.
§ 11 Severability clause
(1) Should individual provisions of this contract, including these General Terms and Conditions, be or become wholly or partially invalid or should the contract contain an unforeseen gap, the effectiveness of the contract and the remaining regulations remains unaffected. The respective statutory provisions apply in place of the ineffective or missing regulation.
