Terms and Conditions
General Terms and Conditions with customer information
01Scope
1.1
These General Terms and Conditions (hereinafter "T&Cs") of Upgradeyourvan GmbH (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller in respect of the goods presented in the Seller's online shop. The inclusion of the Customer's own conditions is hereby objected to, unless otherwise agreed.
1.2
A consumer within the meaning of these T&Cs is any natural person who concludes a legal transaction for purposes that are predominantly outside their trade, business or profession.
1.3
An entrepreneur within the meaning of these T&Cs is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
02Conclusion of contract
2.1
The product descriptions in the Seller's online shop do not constitute binding offers, but serve to enable the Customer to submit a binding offer.
2.2
The Customer can submit the offer via the online order form. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer by clicking the button that completes the ordering process. The Customer may also submit the offer by email, post or telephone.
2.3
The Seller may accept the Customer's offer within five days,
- by sending a written order confirmation or one in text form (fax or email), in which case receipt by the Customer is decisive, or
- by delivering the ordered goods, in which case receipt by the Customer is decisive, or
- by requesting payment from the Customer after the order has been placed.
If several alternatives are present, the contract is concluded at the time at which one of them occurs first. The period for accepting the offer begins on the day after the Customer sends the offer and ends at the end of the fifth day following. If the Seller does not accept within this period, this is deemed to be a rejection and the Customer is no longer bound.
2.4
If a payment method offered by PayPal is selected, payment processing is carried out by PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), subject to the PayPal Terms of Use, available at paypal.com, or — if the Customer has no PayPal account — under the conditions for payments without a PayPal account. The Seller hereby declares acceptance of the offer at the moment the Customer clicks the button completing the order.
2.5
If "Amazon Payments" is selected, payment processing is carried out by Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg ("Amazon"), under the Amazon Payments Europe User Agreement at payments.amazon.de. By clicking the order button, the Customer also issues a payment order to Amazon.
2.6
When submitting an offer via the online order form, the contract text is saved by the Seller and sent to the Customer in text form (e.g. email) after submission. The Seller does not make the contract text accessible beyond this. If the Customer has set up a user account before sending the order, the order data is archived and can be accessed via their password-protected user account.
2.7
Before submitting a binding order, the Customer can identify possible input errors by carefully reading the information on screen. Entries can be corrected during the electronic ordering process via the usual keyboard and mouse functions until the order button is clicked.
2.8
German and English are available for concluding the contract.
2.9
Order processing and contact are usually carried out by email and automated order processing. The Customer must ensure that the email address provided is correct so that emails sent by the Seller can be received. When using SPAM filters, the Customer must ensure that all emails sent by the Seller or commissioned third parties can be delivered.
2.10
For deliveries to Switzerland, the purchase contract is concluded between the buyer and MeinEinkauf AG, St. Gallen (CHE-331.561.017 VAT). They handle customs clearance, invoicing and delivery in Switzerland. This service is included in the purchase price and any shipping costs. For transparency, MeinEinkauf GmbH in DE-Konstanz (DE285677365) is also part of the trading chain. No additional costs arise for the buyer.
03Right of withdrawal
3.1
Pursuant to § 312g (2) No. 1 BGB, there is no right of withdrawal for contracts for the supply of goods that are not pre-fabricated and for the manufacture of which an individual selection or determination by the consumer is decisive, or which are clearly tailored to the personal needs of the consumer.
Important notice on customised products
As our products are manufactured according to your individual requirements and selection, exchanges or returns are excluded.
04Prices and payment terms
4.1
Unless otherwise stated, the prices quoted are total prices including statutory VAT. Any additional delivery, installation and shipping costs are listed separately in the respective product description.
4.2
For deliveries outside the EU, additional costs may apply (e.g. transfer fees, exchange rate fees, customs duties or import taxes) which are to be borne by the Customer. Such transfer costs may also apply if payment originates from outside the EU even when delivery is within it.
4.3
The available payment methods are communicated to the Customer in the online shop.
4.4
If advance payment by bank transfer is agreed, payment is due immediately after conclusion of the contract, unless a later due date has been agreed.
4.5
If a "PayPal" payment method is selected, processing is carried out via PayPal, which may use third-party payment service providers. If the Seller offers methods via PayPal involving advance payment (e.g. invoice or instalments), the Seller assigns the payment claim to PayPal or the commissioned service provider, who then carries out a credit check. The Seller reserves the right to refuse the selected method if the credit check is negative.
4.6
If "SOFORT" is selected, processing is via SOFORT GmbH, Theresienhöhe 12, 80339 Munich. The Customer must have an online banking account activated for "SOFORT", legitimise themselves and confirm the payment instruction. More info: klarna.com/sofort/.
4.7
If a "Stripe" payment method is selected, processing is via Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland. The individual methods offered are communicated in the online shop. More info: stripe.com.
4.8
If SEPA direct debit is selected, the invoice amount is due after issuing a SEPA mandate, but not before the pre-notification period expires. The debit is collected when the goods leave the Seller's warehouse. If not honoured due to insufficient funds or incorrect bank details, or if the Customer wrongfully objects, the Customer bears any chargeback fees if responsible.
4.9
If "PayPal Direct Debit" is selected, PayPal collects the invoice amount on behalf of the Seller after a SEPA mandate has been issued, but not before the pre-notification period expires. The same chargeback rules as in 4.8 apply.
4.10
If credit card payment via Stripe is selected, the invoice amount is due immediately upon contract conclusion. Processing is via Stripe Payments Europe Ltd. Stripe reserves the right to perform a credit check and refuse this method if negative.
05Delivery and shipping
5.1
If shipping is offered, delivery takes place within the specified delivery area to the address provided by the Customer, unless otherwise agreed. The address given in order processing is decisive.
5.2
If delivery fails for reasons the Customer is responsible for, the Customer bears the reasonable resulting costs. This does not apply to outbound shipping costs if the Customer effectively exercises the right of withdrawal. For return costs upon valid withdrawal, the provision in the Seller's withdrawal instructions applies.
5.3
If the Customer is an entrepreneur, the risk of accidental loss and deterioration passes upon handover to the carrier or designated person. If the Customer is a consumer, the risk generally only passes upon handover of the goods to the Customer or an authorised recipient.
5.4
The Seller reserves the right to withdraw from the contract in case of incorrect or improper self-supply. This applies only if non-delivery is not the Seller's fault and the Seller has concluded a specific covering transaction with the supplier with due care. The Seller will make all reasonable efforts to procure the goods. In case of unavailability, the Customer is informed immediately and the consideration refunded.
5.5
If the goods are offered for collection, the Customer can collect them within the specified business hours at the specified address. No shipping costs are charged.
06Retention of title
If the Seller makes advance payment, ownership of the delivered goods is retained until the purchase price has been paid in full.
07Liability for defects (warranty)
Unless otherwise stipulated below, the statutory provisions on liability for defects apply. For contracts for the supply of goods, the following deviates:
7.1
If the Customer is an entrepreneur,
- the Seller has the choice of the type of subsequent performance;
- for new goods, the limitation period for defects is one year from delivery;
- for used goods, rights and claims for defects are excluded;
- the limitation period does not restart if a replacement is delivered.
7.2
The above limitations do not apply
- to claims for damages or reimbursement of expenses,
- where the Seller has fraudulently concealed the defect,
- to goods used as customary for a building causing its defectiveness,
- to any obligation to provide updates for digital products in contracts with digital elements.
7.3
For entrepreneurs, statutory limitation periods for any statutory right of recourse remain unaffected.
7.4
If the Customer is a merchant under § 1 HGB, the commercial duty to inspect and give notice of defects under § 377 HGB applies. Failure to comply means the goods are deemed approved.
7.5
Consumers are requested to complain about obvious transport damage to the deliverer and inform the Seller. Failure to do so does not affect statutory or contractual claims for defects.
08Customised products
8.1
If the Seller also owes processing of goods according to specific customer requirements, the Customer must provide all necessary content (texts, images, graphics) in the formats specified by the Seller and grant the necessary usage rights. The Customer is solely responsible for procurement and rights acquisition. The Customer guarantees they have the right to use the content provided and ensures no third-party rights are infringed (in particular copyright, trademark and personality rights).
8.2
The Customer indemnifies the Seller against third-party claims arising from contractual use of the Customer's content, including necessary defence costs (court and statutory lawyer's fees). This does not apply if the infringement is not the Customer's responsibility.
8.3
The Seller reserves the right to refuse processing if the content violates legal or official prohibitions or morality, in particular unconstitutional, racist, xenophobic, discriminatory, offensive, youth-endangering or violence-glorifying content.
09Installation services
If the Seller also owes installation at the Customer's premises (and any preparatory measures like measuring), the following applies:
9.1
The Seller provides services in person or through qualified, selected personnel, and may use third parties (subcontractors). The Customer has no right to choose a specific person.
9.2
The Customer must provide the information needed completely and truthfully, unless its procurement falls within the Seller's obligations.
9.3
After contract conclusion, the Seller will arrange an appointment. The Customer ensures access to the relevant premises at the agreed time.
9.4
The risk of accidental loss and deterioration only passes upon completion of installation and handover to the Customer.
10Redemption of promotional vouchers
10.1
Vouchers issued free of charge with a defined validity period (which cannot be purchased) can only be redeemed in the Seller's online shop and only within the specified period.
10.2
Individual products may be excluded if the voucher's terms specify so.
10.3
Promotional vouchers can only be redeemed before completing the order. Subsequent offsetting is not possible.
10.4
Multiple promotional vouchers can be redeemed per order.
10.5
The order value must equal at least the voucher value. Any remaining balance will not be refunded.
10.6
If the voucher does not cover the full order, another payment method can be used for the difference.
10.7
Voucher credit is not paid out in cash and does not accrue interest.
10.8
The voucher is not refunded if the goods paid for with it are returned under the statutory right of withdrawal.
10.9
The voucher is transferable. The Seller can perform with discharging effect to the holder redeeming it, unless the Seller knows or grossly negligently fails to know of the holder's lack of authorisation.
11Applicable law
11.1
The law of the Federal Republic of Germany applies, excluding the international sale of goods. For consumers, this applies only insofar as mandatory protections of the consumer's habitual residence are not withdrawn.
11.2
This choice of law does not apply to the statutory right of withdrawal for consumers who at conclusion are not in any EU member state and whose sole residence and delivery address are outside the EU.
12Place of jurisdiction
If the Customer is a merchant, public-law legal entity, or public-law special fund based in Germany, the exclusive place of jurisdiction is the Seller's place of business. If the Customer is based outside Germany, the same applies if the contract relates to the Customer's professional or commercial activity. The Seller may, however, also bring suit at the Customer's place of business.
13Alternative dispute resolution
13.1
The EU Commission provides a platform for online dispute resolution: ec.europa.eu/consumers/odr
This platform serves as a contact point for out-of-court settlement of disputes from online purchase or service contracts involving a consumer.
13.2
The Seller is neither obliged nor willing to participate in dispute resolution before a consumer arbitration board.