Online Shop General Terms and Conditions
pulpo GmbH, Mühlenrain 38, 79576 Weil am Rhein, Germany
dated: March 2020
All business relationships between us, pulpo GmbH, Mühlenrain 38, 79576 Weil am Rhein, Germany (hereinafter referred to as “pulpo”), and customers who use pulpo’s internet offerings including, but not limited to, pulpo’s online shop shall be subject exclusively to the General Terms and Conditions set forth below in the version applicable at the time of ordering, unless agreed upon otherwise in writing. The customer’s general terms and conditions shall apply only if approved by pulpo in writing.
2. Offerings and Formation of Purchase Agreement
The presentation of products in pulpo’s online shop shall not constitute a legally binding offer, but rather a non-binding invitation to place an order. Errors in the presentation shall be reserved. The right to customary deviations from the images and descriptions in pulpo’s brochures, price lists and catalogs and to deviations that result from legal regulations or constitute technical improvements and the right to replace parts with equivalent parts so far as they do not compromise the usability of the respective product for the contractually agreed-upon purpose shall be reserved.
The customer can add products to the virtual shopping cart with a click of the mouse. All products selected will be shown in the virtual shopping cart to enable the customer to review his/her order. By clicking the Submit Order button, the customer submits a binding offer for the formation of a purchase agreement regarding the products previously moved to the virtual shopping cart. The customer shall be bound by said offer for the duration of the period indicated in the product description. The customer’s order shall be forwarded to pulpo and the customer shall receive an electronic order confirmation by e-mail without undue delay. pulpo expressly points out that an order confirmation does not constitute acceptance of the respective order; an agreement between the customer and pulpo shall not be concluded until pulpo has sent an order confirmation by e-mail or has delivered the product(s) to the customer.
3. Product Availability and Delivery
In the online shop, the customer can see which products are available for immediate shipping or temporarily unavailable.
Delivery shall be made to the delivery address provided by the customer. Such delivery address may deviate from the billing address. Where the customer has not provided a delivery address, delivery shall be made to the billing address.
pulpo shall have the right to make partial deliveries if and when such partial delivery is useful to the customer under consideration of the contractually agreed-upon purpose intended, and does not entail any material additional effort or additional costs for the customer.
4. Transfer of Risk
If the customer is a consumer, the shipping risks shall be assumed by pulpo irrespective of the shipping method. If the customer is a businessperson, risk shall pass to the customer as soon as pulpo has handed over the products to the contracted forwarder or carrier or other delivery company appointed to execute the shipment.
5. Pricing and Shipment Costs
All prices in pulpo’s online shop are in EURO and include packaging and statutory VAT. Delivery from Weil am Rhein to the customer shall be at the customer’s expense, depending on the order value.
Shipment costs as set forth in pulpo’s terms of shipment shall be borne by the customer where applicable.
The purchase price shall become payable immediately upon placement of the order. The customer can pay by credit card, via PayPal or payment in advance. Credit cards shall be accepted as conditional payment. pulpo accepts American Express, VISA and Mastercard credit cards. If the customer opts to pay in advance, pulpo’s bank information shall be provided to the customer on pulpo’s invoice.
7. Retention of Title
pulpo reserves title of ownership in the products delivered by pulpo until the customer has paid the purchase price and, where applicable, the shipment costs in full.
8. Right of Revocation
Consumers who enter into a legal transaction for purposes which cannot be attributed predominantly to their commercial or self-employed activity shall have the right of revocation as set forth below.
Instructions Regarding the Right of Revocation
Right of Revocation
You have the right to revoke this agreement within 14 days without being required to give any reasons. Said 14-day revocation period shall commence on the date on which you or a third party appointed by you other than the carrier acquired possession of the last part of the delivery.
To exercise your right of revocation, please mail or e-mail a conclusive declaration stating your decision to revoke this purchase agreement to pulpo GmbH, Mühlenrain 38, 79576 Weil am Rhein, Germany (firstname.lastname@example.org, phone: +49-7621-1680103). You may, but are not required to, use pulpo’s revocation form attached hereto. To comply with pulpo’s terms of revocation, you must send your declaration regarding your decision to exercise your right of revocation before the revocation period expires.
If you revoke this agreement, pulpo shall reimburse you for all payments received from you including delivery costs (except additional costs incurred if you selected a delivery method other than the most economical standard method offered by pulpo) without undue delay and in any event no later than 14 days after the date on which pulpo received your declaration of revocation of this agreement. For such reimbursement, pulpo shall use the same payment method you used for paying for the product(s), unless otherwise expressly agreed with you in writing. In no case shall pulpo charge you any amounts for such reimbursement. pulpo shall have the right to withhold reimbursement until the earlier of the receipt of the product(s) by pulpo or the provision of proof by you that you returned the product(s).
You undertake to return by post or in person the product(s) to pulpo without undue delay and in any event no later than 14 days after the date on which you informed pulpo of your revocation of this agreement. You shall be deemed to have complied with such period if and when you send the product(s) before the expiry of the 14-day period. You shall bear the costs for the return shipment of the product(s). Enclose a copy of your invoice or delivery note with the package. You will be liable to pay for any loss in value of the product(s) if and when such loss in value is attributable to your handling of the product(s) in a way that is not necessary in order to inspect the quality, features and/or functionality of the product(s).
The right of revocation shall not apply to agreements regarding delivery of products which have been produced according to a customer’s specifications or have been customized unambiguously to a customer’s personal requirements.
Download: Form for Declaration of Revocation
pulpo’s liability for defects in materials shall be subject to the applicable legal regulations.
10. Dispute Resolution
Information regarding alternative resolution of disputes in consumer matters:
pulpo is not willing or obligated to participate in any dispute resolution before a consumer protection entity.
Information regarding online dispute resolution:
The EU Commission has established the Online Dispute Resolution (ODR) Platform as a point of contact for extrajudicial resolution of disputes regarding contractual obligations arising from online purchase agreements. The ODR Platform is accessible at http://ec.europa.eu/consumers/odr/.
11. Changes to these General Terms and Conditions
pulpo reserves the right to change these General Terms and Conditions at any time under consideration of a reasonable period of notice. pulpo undertakes to publish any and all changes on its website at pulpoproducts.com.
12. Data Protection
13. Final Provisions
The laws of Switzerland shall apply under exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). Mandatory provisions relating to English consumer law shall prevail for consumers domiciled in Great Britain.
The place of jurisdiction shall be the location of pulpo’s registered offices if the customer is a businessperson, publicly owned corporation, or public-law entity with special public funding. However, pulpo reserves the right to sue the customer at the location of the customer’s registered offices.