Terms & conditions

Section 1

The present General Terms and Conditions (GTC) apply to the Agreement concluded between us, the company
PULL UP CASE GmbH
Dauchingerstr. 34/1
78056 Villingen-Schwenningen, Germany
suitcase@pullupcase.com

and you via this online shop.

Section 2 – Terms of Payment

The purchase price is due immediately upon ordering

Section 3 – Reservation of Title 

The goods remain our property until payment is made in full. If you are in arrears of payment for more than 10 days, we have the right to withdraw from the Agreement and to demand return of the goods.

Section 4 – Availability of the Online Trading System

According to the current state of the art, data communication via the internet cannot be guaranteed to be without errors and/or available at any time. We are therefore not liable for the constant and uninterrupted availability of our online trading system.

Section 5 – Liability

 (1)  We are only liable for the negligent breach of obligations whose fulfillment is a prerequisite for the proper performance of the Agreement, the infringement of which jeopardizes the achievement of the purpose of the Agreement, and upon whose compliance the customer can normally rely. In this case, however, we are only liable for the foreseeable damage that is typical for such an Agreement.

 (2)  We are not liable in cases other than those listed in Paragraph 1 of this Section. These limitations on liability in this Section also apply to the personal liability of our legal representatives, salaried employees, hourly employees, other employees, representatives, and agents, insofar as they act for us in performing their activities.

 (3) The limitation and exclusions of liability under this Section do not apply in case of:

1.  Wrongful intent (including malice) and gross negligence
2.  Injury to life, body, and health
3.  Liability under the German Product Liability Act

Section 6 – Final Provisions

(1) The laws of the Federal Republic of Germany shall apply to this Agreement., excluding the UN Convention on Contracts for the International Sale of Goods, if:

(a) You have your customary place of residence in Germany, or

(b)  Your customary place of residence is in a country that is not a member of the European Union

For the case that you have your customary place of residence in a member state of the European Union, German law likewise applies, whereby binding provisions of the country in which you have your customary place of residence remain unaffected.

(2) Should individual provisions of this Agreement be or become invalid, this shall not affect the validity of the Agreement as a whole.

(3) The courts of Villingen-Schwenningen shall have jurisdiction and venue if you move your permanent residence or customary place of residence outside of the Federal Republic of Germany after concluding this Agreement, or if we are unaware of your permanent residence or customary place of residence. The provisions of Section 40 Para. 2 of the Code of Civil Procedure (ZPO) shall remain unaffected.

Reference to arbitration procedures before a consumer arbitration board.

The EU provides a platform for settling online disputes that can be found under the following link:
https://www.ec.europa.eu/consumers/odr

We are neither obligated nor willing to participate in any arbitration procedure before a consumer arbitration board.

Notice of Right to Cancel

Cancellation right

You have the right to cancel this Agreement within fourteen days without providing reasons.

The cancellation period is fourteen days from the date on which you or a third party specified by you who is not the transporter has taken possession of the goods.

In order to exercise your right of cancellation, you must inform us (PULL UP CASE GmbH, Dauchinger Str. 34/1, 78056 Villingen-Schwenningen, Germany - Telephone: +49 (0) 7720 / 95 58 720, support@pullupcase.com) using an unequivocal statement (e.g., a letter sent by mail, or e-mail) about your decision to cancel this Agreement. You can use the attached sample cancellation form, but it is not required.

 In order to comply with the deadline for cancellation, it is sufficient to send notice of exercise of the right of cancellation prior to expiration of the cancellation period.

Consequences of cancellation

If you cancel this Agreement, we must refund all payments to you that we have received from you, including delivery costs (excluding the additional costs that result from your having selected a different type of delivery than the most inexpensive standard delivery offered by us) without undue delay and no later than within fourteen days from the date on which the notice of your cancellation of this Agreement is received by us.  We will use the same means of payment for this refund that you used in the original transaction unless a different arrangement was expressly agreed upon with you; no fees will ever be charged to you due to this refund.  We can refuse the refund until we have received return of the goods or until you have provided documentation that you have sent the goods back, whichever is the earlier.

You must return or deliver the goods to us without undue delay and in all cases no later than within fourteen days from the date on which you notify us of revocation of this Agreement.  This period is complied with when you send the goods prior to expiration of the period of fourteen days.  You bear the direct costs of the return of the goods. The costs are estimated to be a maximum of EUR 250.  You only need to pay for any loss of value of the goods when this loss of value is attributable to your handling the goods in a way that was not necessary to review the characteristics, attributes, and functionality of the goods.

Sample Cancellation Form

If you wish to cancel this Agreement, then please fill out this form and return it to:

PULL UP CASE GmbH
Dauchinger Str. 34/1
D-78056 Villingen-Schwenningen
Email: suitcase@pullupcase.com
Phone: +49 (0) 7720/9558720

- I/we (*) hereby cancel the Agreement concluded by me/us (*) for the purchase of the following goods (*)/provision of the following service (*):
- Ordered on (*)/received on (*)
- Name of consumer(s)
- Address of consumer(s)
- Signature of consumer(s) (only in case of notice on paper)
- Date