Terms & Conditions

General terms and conditions with customer information

1. Scope of Application
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Terms of Payment
5. Delivery and Shipping Costs
6. Retention of Title
7. Liability for Defects
8. Liability
9. Redemption of Promotional Vouchers
10. 10.Applicable Law
11. 11.Place of Jurisdiction
12. 12.Information on Online Dispute Resolution

1. Scope

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of "Upright Songs GmbH" (hereinafter referred to as "Seller") apply to all contracts concluded between a consumer or entrepreneur (hereinafter referred to as "Customer") and the Seller regarding the goods offered by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity.

1.3 An entrepreneur is a natural or legal person or a legally capable partnership that, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity.

2. Conclusion of the contract

2.1 The presentation of goods, especially in the online shop, does not yet constitute a binding offer fr om the seller.

2.2 First, the customer places the selected goods in the shopping cart. In the next step, the ordering process begins, during which all necessary data for order processing is collected. At the end of the ordering process, a summary of the order and contract details appears. Only after confirming these order and contract details by clicking the button that completes the ordering process does the c ustomer submit a binding offer to purchase the goods contained in the shopping cart.

2.3 The seller accepts the customer's offer through the following possible alternatives:

- Sending a written order confirmation or an order confirmation in text form (fax or email) or - Requesting payment from the customer after placing the order or - Delivering the ordered goods

The decisive factor for the time of acceptance is the first alternative that has occurred.

The period for accepting the offer begins on the day after the customer sends the offer and ends at the close of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this constitutes a rejection of the offer. The customer is then no longer bound by their declaration of intent.

2.4 If the customer selects "direct debit" or "bank transfer" as the payment method during the ordering process, the seller may also accept the customer's offer by collecting the total price from the custo mer's bank account within five days, whereby the decisive factor is the date on which the customer's account is debited. Clause 2.3 applies accordingly.

2.5 If the customer selects "PayPal" or "PayPal Express" as the payment method for their purchase, they submit their offer by clicking the button that completes the order process. If the customer simultaneously issues a payment order to PayPal by clicking this button, the seller, notwithstanding the above provisions, declares acceptance of the customer's offer at the time the payment order is issued.

2.6 The seller stores the contract text of each contract concluded between the seller and the customer. The contract text is stored on the seller's internal systems. The customer can view the General Terms and Conditions at any time on this page. The order details, the cancellation policy, and the General Terms and Conditions are sent to the customer by email. After completion of the order, the contract text is accessible to the customer free of charge via their customer login, provided they have created a customer account.

2.7 All entered information is displayed before clicking the order button and can be viewed by the customer before submitting the order. Corrections can be made by using the browser's back button or standard mouse and keyboard functions. Additionally, if available, the customer has access to correction buttons, which are labeled accordingly.

2.8 The contract language is German.

2.9 It is the customer's responsibility to provide a correct email address for contact and order processing, and to set the filter functions so that emails relating to this order can be delivered.

3. Right of withdrawal

3.1 If the customer is a consumer, he or she is generally entitled to a right of withdrawal.

3.2 The seller's cancellation policy applies to the right of withdrawal.

3.3 Consumers who are not citizens of a Member State of the European Union at the time of conclusion of the contract and whose sole residence and delivery address are outside the European Union at the time of conclusion of the contract are not entitled to a right of withdrawal.

4. Prices and Payment Terms

4.1 The prices shown are final prices including statutory VAT, unless otherwise agreed. Any additional shipping costs will be indicated in the product description.

4.2 The customer can select the payment methods available in the online shop.

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

4.4 When paying via "PayPal", payment processing is handled by PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg. PayPal's terms of use apply. These can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.

4.5 When paying with a payment method from Klarna (where offered: purchase on account, installment purchase, direct debit, credit card), payment processing is handled by Klarna BANK AB (publ) (https://www.klarna.com/de, Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna").

When paying by credit card, your credit card account will be charged immediately after completing the purchase. For payments by direct debit, you grant Klarna a SEPA direct debit mandate upon placing your order. Klarna will inform you of the debit date (pre-notification). By submitting the direct debit mandate, Klarna instructs your bank to initiate the payment transaction. The payment transaction is processed automatically, and your account is debited. The debit occurs after the goods have been shipped.

For payment processing via Klarna, Klarna's terms and conditions and privacy policy apply in addition to these terms and conditions. Further information on the seller's Klarna payment methods and Klarna's terms and conditions can be found in the seller's payment information.

When paying with "Sofortüberweisung" (instant bank transfer), payment processing is handled by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). To use this payment method, you need an online banking account with PIN/TAN authentication, which you can use to authenticate yourself during the payment process and confirm the payment instruction to " SOFORT".

Payment is processed immediately by "SOFORT" after completion of the payment transaction and your bank account will be debited. Further information about the "SOFORT" payment method ca n be found online at https://www.klarna.com/sofort/.

4.6 When paying via "SOFORT," payment processing is handled by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich, Germany (hereinafter "SOFORT"). To use this payment method, the customer needs an online banking account with PIN/TAN authentication enabled for participation in "SOFORT." This account allows the customer to authenticate themselves during the payment process and confirm the payment instruction to "SOFORT." The payment is processed by " SOFORT" immediately after completion of the payment process, and the customer's bank account is debited. Further information on the "SOFORT" payment method can be found online at https://www.klarna.com/sofort/.

4.7 If delivery is made to a non-EU country, the customer may be required to pay additional customs duties, taxes, or fees to the relevant customs or tax authorities or credit institutions in that country. The customer is advised to inquire about the details with the relevant institutions or authorities before placing an order.

5. Delivery and shipping costs

5.1 Goods will be delivered to the delivery address provided by the customer. However, if payment is made via PayPal, the delivery address provided by the customer to PayPal at the time of payment will apply.

The delivery address on file is decisive.

5.2 If the seller incurs additional costs due to the provision of an incorrect delivery address or recipient, or other circumstances that render delivery impossible, these costs shall be borne by the customer, unless the customer is not responsible for the incorrect information or the impossibility of delivery. The same applies if the customer was temporarily prevented from accepting delivery, unless the seller had given the customer reasonable prior notice of the delivery. This provision does not apply to the costs of the initial shipment if the customer has effectively exercised their right of withdrawal. In this case, the statutory regulations or the regulations stipulated by the seller shall apply.

5.3 Self-collection is not offered.
5.4 Vouchers will be provided to the customer in the following form:

- via email - via download - by post

6. Retention of title

If the seller makes advance payment, the goods remain the property of the seller until the purchase price has been paid in full.

7. Liability for Defects

7.1 The provisions of statutory liability for defects apply with regard to warranty, unless otherwise agreed.

7.2 The customer is requested to report any delivered goods with obvious transport damage to the delivery person and to inform the seller accordingly. Failure to do so will not affect the customer's statutory or contractual warranty rights.

8. Liability

The seller's liability for all contractual, quasi-contractual, statutory, and tortious claims for damages and reimbursement of expenses is determined as follows:

8.1 The seller is fully liable only for damages resulting from intentional or grossly negligent conduct. In cases of injury to life, body and health and breach of essential contractual obligations

(cardinal obligations), the seller is liable even in cases of slight negligence.

A fundamental contractual obligation is one whose fulfillment is essential for the proper execution of the contract and on whose compliance the contractual partner regularly relies and may rely.

The seller is liable as above, also on the basis of a warranty promise, unless otherwise stipulated. This also applies to indirect consequential damages, such as lost profits, and to mandatory liability.

such as under the Product Liability Act.

8.2 Liability is limited – except in cases of intentional or grossly negligent conduct, or in cases of injury to life, body or health, or breach of essential contractual obligations (cardinal obligations) – to damages typically foreseeable at the time of conclusion of the contract and, in all other respects, to the amount of typical average damages. This also applies to indirect consequential damages, such as lost profits.

8.3 Furthermore, the seller's liability is excluded.

8.4 The above liability provisions shall also apply mutatis mutandis to the benefit of the seller's employees and agents.

9. Redeeming promotional vouchers

9.1 Vouchers that the seller issues free of charge as part of (promotional) campaigns with a specific validity period and that the customer cannot purchase ("promotional vouchers") are redeemable only in the seller's online shop and only within the period specified by the seller.

9.2 Individual products may be excluded from the voucher promotion. Any s pecific restrictions can be found on the promotional voucher.

9.3 Promotional vouchers can only be redeemed before completing the order process. Subsequent crediting is not possible.

9.4 Only one promotional voucher can be redeemed per order. It is not possible to redeem multiple promotional vouchers in a single order.

9.5 The order value must be at least equal to the value of the promotional voucher. Any remaining balance will not be refunded by the seller.

9.6 If the value of a promotional voucher is insufficient to pay for the respective order, one of the other payment methods offered can be used to pay the difference.

9.7 The balance of a promotional voucher will neither be paid out nor accrue interest.

9.8 The promotional voucher will also not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of his statutory right of withdrawal.

9.9 The promotional voucher is non-transferable and may only be redeemed by the person named on it. Transfer of the gift voucher to third parties is prohibited. The seller has the right, but not the obligation, to verify the voucher holder's eligibility.

10. Applicable Law

10.1 The law of the Federal Republic of Germany shall apply, excluding the laws on the international sale of goods.

The statutory provisions regarding the restriction of the choice of law and the applicability of mandatory provisions, in particular those of the state in which the customer, as a consumer, has his habitual residence, remain unaffected.

untouched.

10.2 This choice of law shall not apply with regard to the statutory right of withdrawal for consumers if, at the time of conclusion of the contract, they are not resident in a Member State of the European Union and their sole residence and delivery address at the time of conclusion of the contract are outside the European Union.

11. Place of jurisdiction

If the customer is a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of business.

If the customer is domiciled outside the territory of the Federal Republic of Germany, the seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract, provided that this contract or claims arising from this contract can be attributed to the customer's professional or commercial activities.

Nevertheless, in the aforementioned cases the seller is also entitled to appeal to the court at the customer's place of business.

12. Information on online dispute resolution

We are neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.