General Terms and Conditions

for contracts concluded via the online shop between

CUPSTORYS GmbH, Breiter Weg 40, 51702 Bergneustadt, registered in the commercial register of Cologne Local Court under HRB/B 96406, represented by its managing directors Ralf Jung, Frederic Jung, VAT identification no.: DE 321012150

and the customers specified in Clause 1 of the contract.

1 Subject matter of the contract, definitions

o The business relationship between CUPSTORYS GmbH (hereinafter ‘CUPSTORYS’) and the purchaser of so-called event cups (hereinafter ‘Customer’) is governed exclusively by the following General Terms and Conditions (hereinafter ‘GTC’). CUPSTORYS reserves the right to amend the GTC at any time. They apply in the version valid at the time of the order. The GTC can be saved on the customer's computer and/or printed out for the purpose of the online order. Deviating general terms and conditions of the customer are not recognised unless CUPSTORYS expressly agrees to their validity in writing.

o The customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be predominantly attributed to his commercial or independent professional activity (§ 13 BGB). In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity that is acting in the exercise of its commercial or independent professional activity when concluding the contract (§ 14 BGB).

2. registration and user account

• o To place orders in the online shop, the customer can register and create a user account. However, the customer can also place orders as a guest without registering. Setting up a user account is free of charge. There is no entitlement to open a user account.
• o The customer is obliged to complete all fields in the registration form truthfully and correctly.

3. ordering process and conclusion of contract

• o The customer can select products from the CUPSTORYS range in the form of customisable reusable cups. They can personalise these by sending their own cup designs (hereinafter ‘customer files’) or using the cup configurator and collect the templates created online for the production of reusable cups with motifs (hereinafter ‘event cups’) in the shopping basket. The personalisation of event cups in the shopping basket can no longer be changed. Furthermore, the customer can change the contents of the shopping basket at any time or empty the shopping basket completely.

• o The customer can view these GTC on the payment and overview page. By ticking the box, the customer confirms that they have read and accepted these GTC and the privacy policy. The customer submits a binding offer to purchase the event cups in the shopping basket by clicking the ‘Order with obligation to pay’ button. However, the offer can only be submitted and transmitted if the customer has accepted these GTC and the privacy policy and thereby included them in their offer. The customer can cancel the order process at any time until the order is completed.
• o CUPSTORYS then sends the customer an automatic confirmation of receipt by e-mail, in which the customer's order is listed again, which the customer can print out. The automatic confirmation of receipt merely documents that the customer's order has been received by CUPSTORYS and does not constitute acceptance of the offer. The contract is only concluded when CUPSTORYS issues the order confirmation, which is sent in a separate e-mail. In this e-mail or in a separate e-mail, but at the latest upon delivery of the goods, the contract text (consisting of the order, general terms and conditions and order confirmation) is sent to the customer by CUPSTORYS on a permanent data carrier (e-mail or paper printout) (contract confirmation). The text of the contract is stored and processed in compliance with the applicable data protection laws.
• o The contract language is German.

1. Delivery, availability of goods, retention of title
• o If no or no deviating delivery time is specified for the respective goods in the online shop, the delivery time within Germany is ten to twenty working days after receipt of payment. Working days are all weekdays from Monday to Friday inclusive, with the exception of public holidays.
• o If the event cup ordered by the customer is temporarily unavailable, CUPSTORYS will inform the customer of this and the changed delivery times immediately in the order confirmation. The delivery times communicated in this order confirmation replace all previously communicated delivery times. If the event cup is permanently unavailable, CUPSTORYS will refrain from issuing a declaration of acceptance. In this case, a contract is not concluded.
• o The following delivery restrictions apply: CUPSTORYS only delivers to customers who have their habitual residence (billing address) in a member state of the European Union and/or the European Economic Area and can provide a delivery address within Germany.Bis zur vollständigen Bezahlung verbleiben die bestellten Eventbecher im Eigentum von CUPSTORYS.

1. Prices, shipping or forwarding costs

o All prices stated in the online shop include the applicable statutory value added tax.

o The corresponding shipping or forwarding costs are indicated to the customer in the order form and are to be borne in full by the customer.

o The event cups are always dispatched by parcel post. The shipping risk is borne by CUPSTORYS if the customer is a consumer. Larger quantities are dispatched to commercial customers by a forwarding agent. 

1. Payment modalities, due date
• o The customer can choose to pay via SEPA direct debit, VISA or Master Card credit card, PayPal, bank transfer (prepayment), Giropay or Sofortüberweisung at the discretion of CUPSTORYS. All of the above payment methods are processed by an external payment service provider PAYONE GmbH. In the online payment procedure, the customer authorises the payment either by entering bank or credit card details or access data of a payment service provider: If payment is made by VISA or Master Card credit card, the customer goes through the authentication procedure of his bank and confirms the payment. If payment by PayPal is selected, the customer is redirected to the PayPal page and follows PayPal's payment instructions. In this case, the payment is executed by PayPal (Europe) S.à r.l. et Cie, S.C.A.. If payment by Giropay is selected, the customer is forwarded to the online banking system of his bank or savings bank and follows the payment instructions there. CUPSTORYS reserves the right to maintain the payment authorisation/reservation until completion of the product, for a maximum of 28 days.
• o In the case of online payment, the customer expressly authorises CUPSTORYS or PAYONE GmbH (external payment service provider) to collect the amount due as part of the order. Should the collection of the payment fail for reasons for which the customer is responsible, the customer must reimburse the chargeback costs and any bank processing fees incurred.
• o If the direct debit procedure is selected, the customer shall issue a SEPA direct debit mandate to CUPSTORYS or its authorised representative. The mandate issued is valid for the order (one-off mandate). With the dispatch confirmation, the customer receives advance notification of the creditor identification number, the mandate reference, the amount and time of the upcoming SEPA direct debit collection (pre-notification). CUPSTORYS or its authorised representative shortens the pre-notification period for the direct debit collection to 3 days. The invoice amount due is collected from the customer's account by CUPSTORYS or its authorised representative, stating the bank details and the mandate reference. The SEPA direct debit can be cancelled within 8 weeks of the debit date. The claim remains unaffected.

o Payment of the purchase price is due immediately upon conclusion of the contract.

o The customer can change the payment method stored in his user account for future orders at any time.

o For logistical reasons, CUPSTORYS reserves the right to send the invoice in electronic form. In this case, the invoice is sent by e-mail and is free of charge.

1. Right of cancellation

Consumers generally have a statutory right of cancellation when concluding a distance selling transaction, unless the goods in question are not prefabricated and their manufacture is subject to individual selection or determination by the consumer or they are clearly tailored to the personal needs of the consumer: 

Cancellation policy

Right of cancellation

You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the date of conclusion of the contract.

In order to exercise your right of cancellation, you must inform us, CUPSTORYS GmbH, Breiter Weg 40, 51702 Bergneustadt, phone: +49 2261 401 111, fax: +49 2261 401 139, e-mail: contact@cupstorys.com] of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You can use the attached sample cancellation form, but this is not mandatory.

To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.

Consequences of cancellation

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in this case, you will be charged fees for this repayment.

You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the cancellation of this contract. The deadline is met if you dispatch the goods before the period of fourteen days has expired. We may refuse to refund you until we have received the goods back or until you have provided proof that you have sent the goods back, whichever is the earlier.

You shall bear the direct costs of returning the goods. 

Sample cancellation form

(If you wish to cancel the contract, please complete and return this form).

- To [.......]

- I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following services (*)

- Ordered on (*)/received on (*)______________________________________________

- Name of the consumer(s)_______________________________________________

- Address of the consumer(s)_____________________________________________

- Signature of the consumer(s) (only for notification on paper)___________________________________________

- Date(s)

_____________

(*) Delete as appropriate.

1. Processing of customer files

o Customer files are to be transmitted as PDF files. Except in the case of data transmission or data carrier errors for which CUPSTORYS is responsible, the customer is fully liable for the correctness and completeness of this data. The customer must use state-of-the-art protection programmes against computer viruses before transmitting the customer files.

o Deliveries of any kind by the customer or by a third party engaged by the customer are only checked by CUPSTORYS to see whether they are obviously unprocessable or illegible. No further checks will be carried out.

o CUPSTORYS is authorised, but not obliged, to carry out necessary preliminary work on the customer files independently without consultation if this is in the economic interest of the customer or contributes to meeting the completion date of the order. 

1. Production-specific features and warranty for material defects
• o The statutory warranty rights apply. The warranty period for event cups supplied by CUPSTORYS to entrepreneurs is twelve months. An additional guarantee only exists if this was expressly stated in the order confirmation.
• o CUPSTORYS cannot guarantee the customer an error-free service for customer files that have not been transmitted in accordance with the provisions of Section 7.
• o For production reasons, there may be slight deviations between the product preview generated online and the event cups produced. These cannot be objected to by the customer. This applies in particular to minor colour deviations, minor streaking and minor print distortions.
• o CUPSTORYS guarantees that the images on the event cups have the same format as the preview products created online, regardless of whether the personalisation was carried out using customer files or the cup configurator. 

1. Limitation of liability

o Claims for damages and reimbursement of expenses by the customer (hereinafter ‘claims for damages’), irrespective of their legal basis, are excluded.

o The above limitation of liability in clause 10.1 shall not apply:

o to claims for reimbursement of expenses pursuant to Sections 439 (3) sentence 1 and 445a (1) BGB;

o in the case of liability under the Product Liability Act;

o in cases of wilful intent or gross negligence;

o in the event of culpable injury to life, limb or health;

o in the event of culpable breach of essential contractual obligations, i.e. obligations whose fulfilment is essential for the proper execution of the contract and on whose compliance the customer regularly relies and may rely. However, CUPSTORYS' liability for breach of material contractual obligations is limited to compensation for foreseeable damage typical of the contract, unless there is intent or gross negligence or liability for injury to life, limb or health or under the Product Liability Act.

 Insofar as the liability of CUPSTORYS is limited in accordance with this clause 10, this also applies to the personal liability of employees, auxiliary persons and legal representatives of CUPSTORYS.

 A change in the burden of proof to the detriment of the customer is not associated with the above provisions. 

1. Data protection

o Within the scope of this contract, CUPSTORYS collects, processes and uses the customer's personal data in compliance with the statutory provisions. CUPSTORYS may also use other service providers to fulfil customer orders, whereby CUPSTORYS must ensure that only any personal and image data provided by the customer that is required for complete processing by the respective service provider is passed on to process the orders. With regard to further regulations concerning data protection and the rights of data subjects, reference is made to the separate data protection declaration [https://cupstorys.com/)], which can be saved and/or printed out by the customer.

o The customer warrants that it complies with all applicable data protection laws and that it has obtained all consents required by applicable law with regard to personal data that the customer transfers to CUPSTORYS or makes available to CUPSTORYS for processing in the context of the fulfilment of its order by CUPSTORYS in accordance with these GTC. The customer shall indemnify CUPSTORYS in respect of all costs, claims, liabilities and demands incurred by CUPSTORYS in respect of any breach of this warranty.

1. Copyright, personal and industrial property rights, criminal law
• o The customer is solely responsible for the content of the transferred customer files and the authorisation to transfer and use the customer files for the execution of the customer's orders by CUPSTORYS as well as the contractual use of the customer files by CUPSTORYS and the use of the event cups created on the basis of the customer files. He must ensure that he holds the necessary copyright, trademark, design, company, general and special personal and other rights for all customer files transferred to CUPSTORYS and for the use commissioned; this also applies in particular to motifs that contain personal data (including portraits and other images) of third parties. All consequences arising from any infringement of these rights shall be borne solely by the customer in the event of non-compliance with the above obligations. The customer is obliged to indemnify CUPSTORYS against all justified claims asserted against third parties due to the infringement of their rights as a result of the processing, reproduction and utilisation of the transferred customer files in accordance with the order placed.
• o By transmitting content in the customer files transferred to CUPSTORYS, the customer grants CUPSTORYS and its affiliated companies the worldwide, non-exclusive, free right to use this content for the fulfilment of the customer's orders by CUPSTORYS and the contractual use of the customer files by CUPSTORYS. The right is granted for the duration of the contractual relationship; if statutory retention obligations exist, the customer files can be stored for this period and must then be deleted.
• o The customer warrants that the contents of the transferred image files do not violate applicable criminal law prohibitions, in particular the provisions on the distribution of child pornography (§§ 184 ff. StGB). Should CUPSTORYS become aware of any offences against this assurance, CUPSTORYS is entitled to immediately involve the responsible law enforcement authorities. In this case, the contract is null and void.
• o In particular, CUPSTORYS will not process any of the customer's content and apply it to event cups, post it on the Internet, offer it, provide access to it or advertise content that violates the provisions of the German Criminal Code or the Narcotics Act, Medicines Act or Weapons Act or that
• o constitute propaganda material within the meaning of Section 86 of the German Criminal Code, the content of which is directed against the free democratic basic order or the idea of international understanding,
• o use symbols of unconstitutional organisations within the meaning of Section 86a of the Criminal Code,
• o incite hatred against sections of the population or against a national, racial, religious or ethnic group, incite violence or arbitrary measures against them or attack the human dignity of others by insulting, maliciously denigrating or defaming sections of the population or a group referred to above,
• o deny or trivialise an act of the kind described in Section 6 (1) and Section 7 (1) of the International Criminal Code committed under the rule of National Socialism in a way that is likely to disturb the public peace,
• o depict cruel and otherwise inhuman acts of violence against human beings in a way that glorifies or trivialises such acts of violence or depicts the cruelty or inhumanity of the act in a way that violates human dignity; this also applies to virtual depictions,
• o serve as an instruction to commit an unlawful act referred to in Section 126(1) of the German Criminal Code,
• o glorify war,
• o violate human dignity, in particular by depicting people who are dying or are or have been exposed to severe physical or mental suffering, whereby an actual event is depicted without there being a legitimate interest in this particular form of depiction or reporting; consent is irrelevant,
• o depict children or adolescents in unnaturally sexualised postures; this also applies to virtual depictions,
• o are pornographic and depict violence, the sexual abuse of children or adolescents or sexual acts of humans with animals; this also applies to virtual representations, or
• o are included in Parts B and D of the list pursuant to Section 18 of the JuSchG or are wholly or essentially identical in content to a work included in this list (absolute prohibition within the meaning of Section 4 (1) JMStV). 

1. Reference advertising

For companies only:

The customer agrees that after completion of a non-returned delivery, the company name and, if applicable, the company logo may be used for reference advertising purposes, in particular on the CUPSTORYS website. The customer has the option to object to the reference advertising at any time, subject to a reasonable implementation period for CUPSTORYS.

14. Electronic invoicing

Invoices may be sent by post or e-mail, at our discretion. The customer agrees to receive invoices electronically. Electronic invoices shall be sent to the customer by e-mail in PDF format to the e-mail address provided by the customer for the purpose of receipt. The customer undertakes to create the technical prerequisites for being able to retrieve the invoice as agreed. The customer shall notify us immediately of any change to the e-mail address specified for electronic invoicing. In the event of an incorrect or culpably omitted notification of the change of the designated e-mail address, the customer shall reimburse the loss incurred as a result of the determination of the address. The electronic invoice shall be deemed to have been received upon receipt of the e-mail to which the electronic invoice is attached. The customer can revoke their consent to the electronic invoice dispatch in writing at any time.

15. Final provisions, dispute resolution

• The law of the Federal Republic of Germany applies to contracts between CUPSTORYS and the customer, excluding the UN Convention on Contracts for the International Sale of Goods. The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular of the country in which the customer as a consumer has his habitual residence, remain unaffected.
• The law of the Federal Republic of Germany applies to contracts between CUPSTORYS and the customer, excluding the UN Convention on Contracts for the International Sale of Goods. The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular of the country in which the customer as a consumer has his habitual residence, remain unaffected.
• If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and CUPSTORYS is the place where CUPSTORYS has its registered office.
•  The EU Commission provides a platform for out-of-court dispute resolution. This gives consumers the opportunity to initially resolve disputes in connection with their online order without the involvement of a court. The dispute resolution platform can be found at the external link https://ec.europa.eu/consumers/odr/ Nevertheless, CUPSTORYS endeavours to find an amicable solution in the event of differences of opinion with customers. The responsible consumer arbitration board is: Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e.V., Straßburgerstr. 8, 77694 Kehl, https://www.verbraucher-schlichter.de. However, CUPSTORYS declares that it is neither willing nor obliged to participate in dispute resolution proceedings.