Terms and Conditions

Scope

For the entire business relationship between Upcrate, represented by COLORSPAZE LTD Akropoleos 27 5282 Paralimni, Ammochostos 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

The subscription is renewed every second month until the subscription is cancelled by the user in his upcrate account or in written by either email or mail.
The subscription contract can be canceled up to the last day before the next debit date being the 1 st of January, 1 st of March, 1 st of May, 1 st of July, 1 st of September, 1 st of November and requires cancellation via the cancellation function in the user account or in text form via email or mail.

Delivery, delivery dates, partial deliveries and retention of title

Subscription boxes are sent out on the 10th of January, 10th of March, 10th of May, 10th of July, 10th of September, 10th of November. All other orders are shipped out twice per week unless otherwise specified in the offer (eg. special boxes such as Christmas or Inktober).

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 and packaging costs. Shipping costs are visible in the checkout process if applicable. 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 with the next renewal of the subscription (every 2 months).

Example of a subscription: order on April 25 th , debit on April 25 th , product ships on June 10 th , debit on August 1 st , October 1 st , 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.