Terms and conditions

Standard Business Terms and Customer Information

I. Standard Business Terms

§ 1 Basic provisions

(1) The following business terms are applicable to contracts, which you conclude with us as a supplier (Uphustles Ecommerce) via the https://uphustles.com/ website or by other means of distance communication. Unless otherwise agreed upon, the inclusion, if necessary, of your own conditions is ruled out.

(2) According to the following rules, a consumer is any natural person who completes a legal transaction that, by a large margin, cannot be ascribed to either his professional or independent business activities. Every individual who engages in a legal transaction as part of his or her/its autonomous professional or commercial activity is referred to as a "businessman," including natural persons, entities with legal capacity, and partnerships with legal responsibility.

§ 2 Conclusion of the contract

(1) The subject of the Agreement is the provision of services in the area of Shopify Shop creation and/or Facebook Marketing. The scope of services results from the service package you have booked and the service description provided for this purpose on our website and in the respective offer.

(2) As soon as you place the respective service offer on our website, we will submit a binding offer to you to conclude a contract via the online ordering system under the terms and conditions specified in the respective offer description.

(3) The contract is concluded via the online ordering system as follows:

After selecting the services intended for booking and entering your personal data, the payment method is selected. Finally, the order data is displayed to you as an order overview.

If you use a Sofortzahl system (e.g. PayPal / PayPal Express, Sofortüberweisung, Google Pay, Apple Pay) as your payment method, you will either be directed to the order overview page in our online store or to the website of the provider of the Sofortzahl system.

If you are redirected to the respective Sofortzahl system, please make the appropriate selection or enter your data there. Finally, on the website of the provider of the instant payment system or after you have been redirected back to our online store, the order data is displayed as an order overview.

Before submitting the order, you have the opportunity to check the information in the order overview again, to change it (also using the "back" function of the Internet browser) or to cancel the order.

By submitting the order via the corresponding button, you declare the acceptance of the offer in a legally binding manner, whereby the contract is concluded.

(4) You are not bound by your enquiries regarding the creation of an offer that have been conveyed to us. We supply you with a textual and binding offer (e.g. via e-mail), which you can accept within a period of 5 days (unless otherwise specified in the respective quote).

(5) The execution of the order and the sending of all the details necessitated by the conclusion of the contract take place via e-mail, in a partially-automated manner. Consequently, you have to ensure that the e-mail address that you have deposited with us is the correct one, and that the receipt of the respective e-mails is guaranteed. In particular, you have to ensure that the respective e-mails are not blocked by a SPAM filter.

§ 3 Service provision

(1) We owe the individual services resulting from the service description in the respective offer. We provide these to the best of our knowledge and belief, either personally or through third parties.

(2) The services shall be rendered on the agreed dates or within the agreed periods (in the case of agreed advance payment, however, only after the date of your payment order).

If no specific date or period has been agreed, the service will be rendered within 4 - 7 business days after the conclusion of the contract (in case of agreed advance payment only after the date of your payment instruction).

(3) You are obligated to cooperate if we need to be provided with further information in order to provide the service or if a specific cooperation action on your part is required.

(4) Insofar as an individual design according to customer requirements is agreed upon, you shall provide us with the suitable information, texts or files required for the individual design via the online ordering system, with your inquiry or by e-mail at the latest immediately after conclusion of the contract. Our possible specifications regarding file formats must be observed.

(5) You undertake not to transmit any data within the scope of your cooperation, the content of which infringes the rights of third parties (in particular copyrights, rights to a name, trademark rights) or violates existing laws. You expressly indemnify us from all claims of third parties asserted in this context. This also applies to the costs of legal representation required in this context.

(6) Unless otherwise agreed, we shall not check the correctness of the content of your transmitted data and shall not be liable for errors.

(7) Insofar as agreed for individual design, you will receive a correction template from us, which you must check immediately. If you agree with the draft, you shall release the correction template for execution by countersigning it in text form (e.g. e-mail).

Execution without your approval will not take place.

You are responsible for checking the proofreading template for correctness and completeness and for informing us of any errors. We do not assume any liability for unobjected errors.

§ 4 Right of retention

You can only exercise a right of retention if the situation in question involves claims arising from the same contractual relationship

§ 5 Choice of law

(1) United Kingdom law shall apply. This choice of law only applies to customers if it does not result in the revocation of the protection guaranteed by the mandatory provisions of the law of the country in which the respective customer’s usual place of residence is located (benefit-of-the-doubt principle).

(2) The provisions of the UN Convention on Contracts for the International Sale of Goods are explicitly inapplicable.

Customer Information

1.. Information regarding the conclusion of the contract

The technical steps associated with the conclusion of the contract, the contract conclusion itself and the correction options are executed in accordance to the regulations "Conclusion of the contract" in our Standard Business Terms (part I).

2.. Contractual language, saving the text of the contract

3.1. Contract language shall be English.

3.2. The complete text of the contract is not saved with us. Before the order is sent via the online shopping system, the contract data can be printed out or electronically saved using the browser’s print function. After the order is received by us, the order data, the legally-mandated details related to distance selling contracts and the Standard Business Terms are re-sent to you via e-mail.

3.3 You will be sent all contractual information within the framework of a binding offer in written form, via E-mail for example, for quotation requests outside of the online shopping system, which can be printed out or saved electronically in a secure manner.

3. Main features of the services

The key features of the services can be found in the respective quote.

4.  Prices and payment arrangements

4.1. The prices mentioned in the respective offers represent total prices. They include all the price components, including all the incidental taxes.

4.2. You must also bear the costs arising from money transfers in cases in which the payment is initiated outside of the European Union.

4.3. You can use the following payment methods, unless otherwise specified in the ordering process or in the respective quote:

-Prepayment via transfer
-  Payment via credit card
-  Payment via PayPal (also SEPA direct debit, credit card, possibly invoice, possibly instalment purchase)
-  Payment via PayPal Express
-  Payment via Sofortüberweisung [immediate transfer] (via Klarna)
-  Payment via Giropay
-  Payment via Google Pay
-  Payment via Apple Pay

4.4. Unless otherwise agreed, the payment claims arising from the contract that has been concluded become payable immediately. If payment is made using a credit card, your credit card account is debited in conjunction with the conclusion of the contract.

Contact Us

Uphustles Authorized dealer

Company no : 162885868
Street : Sepulveda Boulevard
City : Los Angeles
Country: United States

Phone : +1 (916) 302-1859