General terms and conditions of business

§ 1 GENERAL

(1) For all business relationships between the company utoppa GmbH (hereinafter referred to as “utoppa”), acting under its own name and under the name “Utoppa”, and its customers, the following General Terms and Conditions (hereinafter referred to as “GTC”) apply exclusively and regardless of the type of order (telephone, fax, e-mail, online shop).

(2) Customers within the meaning of the General Terms and Conditions are both consumers and entrepreneurs. A consumer is any natural person who concludes a legal transaction for purposes that cannot be attributed predominantly to their commercial or independent professional activity, Section 13 of the German Civil Code (BGB). An entrepreneur is a natural or legal person or a partnership with legal capacity that, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity, Section 14 of the German Civil Code (BGB).

(3) utoppa does not recognize any terms and conditions that conflict with or deviate from these General Terms and Conditions, unless utoppa has expressly agreed to their validity in writing before or upon conclusion of the contract. These General Terms and Conditions also apply if utoppa carries out the delivery without reservation despite knowing that the customer's terms and conditions conflict with or deviate from these General Terms and Conditions.

§ 2 OFFER AND CONCLUSION OF CONTRACT

(1) The presentation of the products in the online shop does not constitute a legally binding offer, but only a non-binding presentation of the content of the goods (invitatio ad offerendum).

(2) By clicking the "Buy Now" button, the customer places a binding order for the goods in the shopping cart. Before sending the order, utoppa enables the customer to check the order for accuracy, in particular price and quantity, and to correct it if necessary. After sending the order, the customer receives either an order confirmation (= confirmation of receipt of the order), which does not yet mean acceptance of the purchase offer by utoppa, or an order confirmation (= acceptance of the offer), which allows the contract to be concluded. The contract is concluded with the order confirmation or, alternatively, with the delivery of the goods or voucher to the customer.

(3) The customer must ensure that the email address provided by him for order processing is correct so that emails sent by utoppa can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by utoppa or by third parties commissioned by utoppa to process the order can be delivered.

(4) The following languages ​​are available for the conclusion of the contract: German.

(5) The contract text is saved by utoppa and the order data and the general terms and conditions are sent to the customer by email. Attention is drawn to the customer's data protection. The data protection declaration can be found on this website under the heading "Data protection". The customer can no longer view the contract text online after completing the order.

(6) utoppa reserves the right not to provide the promised service if it turns out after the contract has been concluded that the goods are currently unavailable, even though a corresponding binding transaction has been concluded. In such a case, the customer will be informed immediately. Any consideration already provided will be reimbursed immediately. Further claims against utoppa are excluded.

(7) By submitting his order, the customer confirms that he has reached the legally required minimum age for the delivery of the ordered items and that the information regarding his name and address is correct.

(8) If the purchase contract concerns alcoholic beverages, the customer must ensure that he or an authorized adult person is allowed to receive the goods. By sending his order, the customer also declares that he has reached the legal minimum age required for the sale of alcoholic beverages. In particular, when delivering alcoholic beverages, an age check of the person receiving the goods will be carried out in case of doubt. If the person receiving the goods cannot identify themselves and there are doubts as to whether they have reached the minimum age, utoppa is entitled to refuse delivery. According to Section 9 of the Youth Protection Act, the legal minimum age for the sale and sale of beer, wine, sparkling wine or mixtures of beer, wine or sparkling wine with non-alcoholic beverages is 16 years. When selling or selling other alcoholic beverages, the legal minimum age is 18 years.

§ 3 RIGHT OF WITHDRAWAL FOR CONSUMERS

Consumers generally have a legal right of cancellation. Further information on the right of cancellation can be found in utoppa's cancellation policy, which can be found on this website under the heading "Cancellation" and also at the end of these terms and conditions.

§ 4 DELIVERY CONDITIONS

(1) Delivery within the Federal Republic of Germany and outside Germany is carried out by the service providers DHL, DPD or, in the case of refrigerated goods, by DPD Express at the prices set by those providers. utoppa will provide information on prices for larger deliveries upon customer request.

(2) If the customer is an entrepreneur, delivery is at the customer's risk. This also applies to partial deliveries. If the customer is a consumer within the meaning of Section 13 of the German Civil Code (BGB), the risk of accidental loss and accidental deterioration of the goods sold only passes to the customer when the goods are handed over to the customer. Handover is deemed to have occurred if the customer is in default of acceptance.

(3) Obstacles to performance that are not attributable to the risk area of ​​one of the contracting parties release the contracting parties from their mutual performance obligations for the duration of the disruption and the extent of its effect. Obstacles to performance include strikes and lockouts, force majeure, unrest, acts of war or terrorism, official measures and other unforeseeable, unavoidable and serious events. These events are equivalent to unforeseeable events for which utoppa is not responsible (e.g. delays in delivery by suppliers, shortages of raw materials or energy, significant operational disruptions, for example due to the destruction of the entire company or important departments or due to the failure of essential production facilities) if they make delivery unreasonably difficult for utoppa or temporarily impossible.

In the event of an exemption from the obligation to perform, each contracting party is obliged to inform the other party immediately and to keep the effects for the other contracting party as low as possible within reasonable limits.

If the service becomes permanently impossible, the customer is entitled to the statutory claims resulting from the impossibility.

(4) The delivery of the goods is partly carried out by post and to the delivery address provided by the customer. The delivery address provided by the customer is decisive when processing the transaction. If the transport company returns the shipped goods to utoppa because delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstances that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless utoppa had announced the service to him a reasonable time in advance.

(5) The goods must be inspected for transport damage immediately after receipt by the customer or his representative, provided that the customer is a merchant within the meaning of the German Commercial Code (HGB). The customer, who is a merchant within the meaning of the German Commercial Code (HGB), must obtain written confirmation of any transport and packaging damage from the transport company upon receipt of the goods and report this.

§ 5 PRICES AND PAYMENT CONDITIONS

(1) The customer can select the payment methods available in the online shop.

(2) In case of advance payment by bank transfer, payment is due immediately after conclusion of the contract, unless otherwise agreed.

(3) In the case of delivery on account, the payment amount must be paid within 10 days of receipt of the goods without deduction of a discount, unless otherwise agreed. The statutory provisions regarding the consequences of late payment apply.

(4) When paying via PayPal, the customer logs into their PayPal account. They are then free to make the payment by direct debit, credit card, online transfer (via giropay) or debit from their PayPal account. In order to make a payment by credit card or direct debit, this function must have been activated in the customer's PayPal account beforehand. More information about the PayPal payment system can be found at http://www.paypal.de/de .

(5) After expiry of a grace period of two weeks, utoppa may refuse further performance of the contract

(6) If the customer is a company, the payment deadline is 14 days after the invoice is issued. utoppa GmbH remains the owner of the goods until the invoice amount has been paid.

(7) In case of late payment, the reminder costs and collection fees must be borne by the buyer.