Terms and Conditions

Scope

For the entire business relationship between Upcrate, represented by COLORSPAZE LTD, Makariou 57, Flat/Office 1, 7100 Aradippou, Larnaca, CYPRUS, phone: +49 177 543 39 13, service time: weekdays from 12 to 13 o'clock, e-mail: info@upcrate.art (hereinafter also referred to as "Upcrate", "Provider" or "we") and the customer (hereinafter referred to as "Customer"), the following terms and conditions (hereinafter also referred to as "GTC") of the Provider shall apply exclusively.

Upcrate sells products exclusively to consumers within the meaning of § 13 of the German Civil Code (BGB).

All agreements concluded between the customer and the supplier regarding the delivery of goods result in particular from these General Terms and Conditions, our written order confirmation and our declaration of acceptance. Conflicting, deviating or supplementary general terms and conditions of the customer are not recognized.

Contract conclusion and non-binding information

All information about our goods and prices are non-binding.By completing and confirming the order form provided by the supplier, the customer can make a binding offer to conclude a contract for the continued delivery of goods.

All customer information in the ordering process must be current and truthful. The customer password may not be disclosed to third parties and must be kept inaccessible to unauthorized persons. Any loss or disclosure must be reported to the provider in text form without delay. The customer is liable for misuse, for example in the case of orders with his customer password by third parties in accordance with the statutory provisions.

The provider immediately confirms the customer’s access to the order form electronically. The provider can accept this offer either expressly by sending a binding declaration of acceptance or by sending the ordered goods or debiting the purchase price. Until this time, the provider can refuse acceptance at any time without stating reasons. Only with the acceptance of the offer by the provider a contract between the customer and the provider is effectively closed.

Contract period, termination and contract renewal

With the offer variants (monthly, 3 months, 6 months or 12 months) the subscription runs first over the minimum use period booked by the user. Thereafter, the subscription will be extended for renewal periods of the same duration if it is not terminated in time by the user or upcrate. The notice period is three weeks to the end of each month of the last box and requires notice of the termination function in the user account or the text form.

Delivery, delivery dates, partial deliveries and retention of title

The provider reserves the right to deliver only after full payment by the customer. There is no entitlement to prior delivery. The provider is entitled at any time to partial delivery and partial performance, if this is reasonable for the customer.

In the event that we do not make use of our right of retention and arrange for the delivery before full payment, we reserve the ownership of the purchased item until full payment of the purchase price.

Prices, shipping costs, due date, payment, set-off and retention

All prices include the applicable value added tax, packaging costs and shipping costs. The recipient is responsible for paying any import sales tax and customs duties. For subscriptions, the purchase price claim will be debited on the day of the order. Thereafter, a recurrent charge will be made depending on the term of the subscription. The term is selectable between monthly, quarterly, semi-annual and annual.

Example of a monthly subscription: order on April 25, debit on April 25, recurring debit on May 25, June 25, etc.

Example of a quarterly subscription: order on April 25, debit on April 25, recurring debit on July 25, October 25, etc.

Example of a semiannual subscription: order on April 25, debit on April 25, recurring debit on October 25, April 25 of the following year, etc.

Example of an annual subscription: order on April 25, debit on April 25, recurring debit on April 25 of the following year, etc.

For the payment, the customer only has the payment terms agreed and specified in the order.

The customer is only entitled to offset if his counterclaims have been legally established or are undisputed by the provider. The customer is only authorized to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.

If, when collecting amounts due via a SEPA direct debit mandate, your account is not covered, we will charge EUR 9.00 incl. VAT for this failed payment. The same applies to contested SEPA direct debit payments that are unfounded. In this case, we only pass on the service fees of our service provider to you without any surcharge.

Discount codes of any kind (such as percentage or fixed amount, among others) for subscriptions can only be used for the first payment. For recurring debits, the regular, non-discounted amount will be debited. This does not affect the cancellation of the subscription.

Rights in case of defects and damages

Insofar as the delivered goods do not have the quality agreed between the supplier and the customer, or if they are not suitable for the purposes stipulated in the contract or their general use, or if they do not have the characteristics which the customer could expect after our public statements, then so the provider commits to supplementary performance. This does not apply if the provider is entitled to refuse subsequent performance due to the statutory provisions. The customer must grant the supplier a reasonable period for supplementary performance.

The supplementary performance is carried out at the customer’s option by removing the defect or delivering new goods. The customer is not entitled during the period for subsequent performance to reduce the purchase price or to withdraw from the contract. If the provider has tried the supplementary performance twice in vain, then this is considered as failed. If the supplementary performance has failed, the customer is entitled, at his discretion, to reduce the purchase price or to withdraw from the contract.

The customer can only assert claims for damages due to a defect in accordance with the following paragraphs if the supplementary performance has failed.

The European Commission provides a platform for online dispute resolution (OS). The platform can be found at https://ec.europa.eu/consumers/odr

Applicable law

German law applies to the exclusion of the UN purchase law.

Jurisdiction

In accordance with the European Community Regulation No. 44/2001 (EC), a consumer's action against the Upcrate Contractual Partner may be brought either before the courts of the Member State where the Contractual Partner has its registered office or before the court of the place where the consumer is domiciled (the so-called consumer's place of jurisdiction).

Cancellation

The legal right of withdrawal applies.

Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:

The European Commission provides an online dispute resolution (OS) platform available at https://ec.europa.eu/consumers/odr.
We are not obligated and unwilling to participate in a dispute settlement procedure before a consumer arbitration board.

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