Terms of Service

Conditions

§ 1 Scope, exclusion of conflicting terms and conditions of the customer

(1) Controlupp refines controllers for game consoles and sells them through their online shop at http://www.controlupp.de.

(2) These General Terms and Conditions (GTC) apply to the conclusion of a contract with regard to all types of controllers and related accessories via the online shop available at http://www.controlupp.de Controlupp.

(3) Any general terms and conditions of the customer are not part of the contract between Controlupp and the customer; conflicting or deviating terms and conditions of the customer Controlupp not apply unless their validity has been expressly agreed to.

 

§ 2 contractual partners

The customer's contractual partner is Controlupp, Einsteinstraße 4 85748 Garching near Munich, represented by its managing director Merve Sinem Özdemir; entered in the commercial register of the district court of Munich under the file number HRA 124039; Telephone: +49 176/31250040; email: controlupp.service@gmail.com; Internet: www.controlupp.de; Sales tax identification number according to § 27a sales tax law: DE29720373.

 

§ 3 Conclusion of contract

(1) The presentation of the goods in the online shop http://www.controlupp.de does not constitute a contract offer Controlupp but are only a non-binding invitation to the customer to make an offer to conclude a purchase contract (or work delivery contract).

(2) By ordering the goods selected in the online shop by clicking on the "Order with obligation to pay" button, the customer submits a binding offer to conclude a purchase contract (or contract for work and services in the case of controllers put together individually via the "configurator") about the goods selected by him and at the same time agrees to the validity of these General Terms and Conditions.

(3) The confirmation of receipt sent automatically after the order has been sent confirms receipt of the customer's order Controlupp, but does not yet accept the offer made by the customer Controlupp but. A contract only comes into being through the declaration of acceptance Controlupp which is sent with a separate e-mail (order confirmation). Controlupp can declare acceptance to the customer by email by sending an order confirmation within seven days of receipt of the customer's order; the order confirmation will be sent to the e-mail address that the customer specified during the ordering process. Gives Controlupp no order confirmation (and thus no declaration of acceptance) within this period, the customer's order was Controlupp not accepted. In this case, no contract has come about.

(4) The order via the online shop http://www.controlupp.de takes place in the following steps:

(a) First step: Selection of the desired goods

In this respect, the customer has two options: On the one hand, he can select a controller preconfigured by Controlupp from the range offered in the online shop http://www.controlupp.de by clicking on it. On the other hand, he can use the configurator contained in the online shop to individually put together a controller by clicking on the components offered there for selection (which is individually manufactured upon conclusion of the contract according to the customer's specifications selected in the configurator).

(b) Second step: Confirmation of the selection by the customer by clicking the "ADD TO CART" button; the ordered goods are then placed in the shopping cart by the online shop's electronic system.

(c) Third step: If the selected goods have been successfully placed in the shopping cart, the customer will receive the confirmation "The item has been successfully placed in the shopping cart". On the one hand, the customer then has the opportunity to check the shopping cart and, if necessary, to edit or to correct. As a third option, the customer can click on "Checkout" and will then be directed to a page where the customer data is recorded or where the customer (if he is already registered) can register.     

(d) If the customer has clicked on "Checkout", the course of the further order process depends on whether the customer concerned is already a customer or whether he is a new customer. If the customer in question is already a customer, he can call up the stored customer data. If the customer is not registered, however, he can enter the required information and save it for future orders.

(e) The contract data (customer data, divided into "billing address" and "delivery address" as well as the data regarding the ordered goods and the total price to be paid for them, stating the shipping costs and any additional costs) are then displayed to the customer. Here the customer has the opportunity to check the data and correct the customer data and the shopping cart. The customer also has the option of selecting the payment type from the payment methods offered there by clicking on it. Further down the page, the customer has the option of reading and downloading these GTCs and saving them permanently by clicking on them. By sending the order with the "Buy" button, the customer sends to Controlupp a binding offer and the customer also confirms the terms and conditions and the data protection guidelines at the same time. Takes Checkupp this binding offer, the contract is closed.

(f) Receipt of the order will be made by Controlupp confirmed by an automatically generated confirmation of receipt by e-mail. This does not constitute acceptance of the offer (see above).

(g) Explained Controlupp to the customer within seven days of receipt of the customer's order by accepting the offer by sending an order confirmation, the contract is concluded; otherwise the customer's offer is deemed to have been rejected and the contract has not come about. In the case of the conclusion of the contract, the contract according to § 2 comes with it Controlupp conditions.

(h) If the offer is accepted or the contract is concluded, saves Controlupp the customer data and the data about the ordered goods (contract data); Controlupp sends the customer the contract data and these GTC with the order confirmation by e-mail in text form so that the customer can print and/or save them. The customer can view and save these terms and conditions at any time at http://www.controlupp.de/agbs. For security reasons, the contract data can no longer be accessed via the Internet after the offer has been sent.

 

§ 4 of Controlupp offered products, performance time

(1) Controlupp refines controllers for game consoles and accessories and sells them. In the online shop www.controlupp.de, the customer has the choice between from Controlupp already preconfigured controllers and those that he configures himself using the so-called configurator.

 

(2) The customer knows and agrees that the finishing is carried out in such a way that Controlupp a commercially available standard controller (this is an original controller of the model/manufacturer selected by the customer) is used as the basis and its external design, as can be seen from the respective offer in the online shop, is changed, as well as those specified in the online shop or via the configurator makes selected technical modifications to the controller (e.g. installing so-called "paddles"). Due to the conversion taking place in this respect, it is necessary to examine the functionality of the controller before sending it to the customer and to test it for this purpose. Therefore it can with the of Controlupp refined and delivered controllers show minor signs of wear and tear.

 

(3) Preconfigured controllers are provided by Controlupp sent to the customer within thirty days of the order confirmation being sent. Controllers configured by the customer himself via the configurator are Controlupp sent to the customer within thirty days of the order confirmation being sent.

 

§ 5 No sale to commercial customers, sale/shipping only in the EU and Switzerland

(1) The online shop of Controlupp The products offered are only sold to consumers and entrepreneurs as end consumers. The commercial resale of these products is not permitted. Controlupp therefore reserves the right not to accept contract offers that appear to be made for the purpose of commercial resale of the goods.

(2) Sales and shipping are only made to customers in the European Union and Switzerland.

§ 6 Prices, payment, due date

(1) The prices quoted are in euros and include statutory sales tax. In addition, there are any shipping costs (which may vary depending on the delivery country/location and scope of delivery) and other costs in individual cases (e.g. Costs for cash on delivery), which are shown separately during the ordering process.

(2) The payment methods displayed during the ordering process are available to the customer. Additionally reserves Controlupp before, temporarily (e.g. for a campaign) or permanently to offer other payment methods (in particular the payment method "cash on delivery"); such an additional payment method is (only) available to the customer as a payment method if and as long as it is offered as a payment method in the shop at www.controlupp.de and is clickable. In this respect, as a precautionary measure, the following is pointed out: When paying by cash on delivery, the cash on delivery amount is generally charged on delivery. paid in cash to the deliverer, whereby the deliverer charges the customer a cash on delivery fee, which is shown separately during the ordering process.

(3) Data entered for payment processing will be processed by Controlupp or. PayPal stored for this purpose and transmitted to the responsible for the payment processing (e.g. credit card company, bank). Controlupp will delete any data stored in this respect immediately after the cancellation period has expired. For the handling of the data at PayPal and their data protection principles see e.g.:

      https://www.paypal.com/de/webapps/mpp/ua/privacy-full?locale.x=de_DE.

 

§ 7 Retention of title

The delivered goods remain the property of until full payment has been made Controlupp.

 

§ 8 Special features of controllers from the configurator

(1) For controllers that the customer uses on the online site www.controlupp.de put together individually using the configurator, the following special rules apply:

(2) The customer has various options in the configurator to configure the selected controller.

(3) Note: There is no right of withdrawal for controllers that the customer puts together individually on the online site www.controlupp.de using the configurator (cf. see the regulation in § 9 paragraph 3 of these terms and conditions).

 

§ 9 Consumer's right of withdrawal

(1) If the customer is a natural person who concludes a legal transaction for a purpose that cannot be attributed primarily to their commercial or independent professional activity (consumer), the customer has a right of withdrawal in accordance with § 312g i. V. m. § 355 BGB.

(2) Right of withdrawal:

Right of withdrawal

 

right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

 

The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods or Has.

 

In order to exercise your right of withdrawal, you must inform us (Controlupp, Einsteinstraße 4 85748 Garching near Munich, represented by the managing director Merve Sinem Özdemir, phone: +49 176 31250040 email: controlupp.service@gmail.com) by means of a clear statement (e.g. a letter sent by post or e-mail) of your decision to withdraw from this contract. You can use the attached sample revocation form for this, but this is not mandatory.

 

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

 

Consequences of revocation

If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (except for the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.

 

You have the goods immediately and in any case at the latest within fourteen days from the day on which you inform us about the cancellation of this contract Controlupp, Einsteinstrasse 4 85748 Garching near Munich to be returned or handed over. The deadline is met if you send back the goods before the period of fourteen days has expired.

 

You bear the direct costs of returning the goods.

 

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

 

End of revocation

 

Sample withdrawal form

 

(If you want to revoke the contract, please fill out this form and send it back.)


-          An:        Controlupp
                           Einsteinstraße 4
                           85748 Garching near Munich
                           E-Mail: controlupp.service@gmail.com

-          I/we (*) hereby revoke the contract concluded by me/us (*) regarding the purchase
           of the following goods (*)/the provision of the following service (*)

                       ________________________________________________________________________

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

- Name of consumer(s) ________________________________________________

- Address of consumer(s) ________________________________________________


-          Signature of the consumer(s) (only in the case of notification on paper)

                       ____________________________

-          Datum ______________________

(*) Delete where not applicable.

 

Terms and Conditions - Gift Vouchers

§ 1 Scope, exclusion of conflicting terms and conditions of the customer
(1) Controlupp, Einsteinstrasse 4 85748 Garching near Munich (also below Controlupp called) refines controllers for game consoles and sells the controllers and the corresponding accessories as well as gift vouchers via their online shop at http://www.controlupp.de.
(2) These General Terms and Conditions apply to the purchase and redemption of Controlupp issued gift vouchers (GTC gift vouchers) via the online shop available at http://www.controlupp.de Controlupp. In addition, the following apply to the purchase and redemption of gift vouchers from Controlupp also the general terms and conditions (GTC) of Controlupp, which are available at https://www.controlupp.de/agbs. Insofar as these GTC gift vouchers contain provisions that conflict with the GTC of Controlupp, these GTC gift vouchers take precedence.
(3) These GTC gift vouchers do not apply to promotional vouchers.
(4) Any general terms and conditions of the customer are not part of the contract between Controlupp and the customer; conflicting or derogating from these GTC gift vouchers and/or the GTC of Controlupp deviating conditions of the customer Controlupp not apply unless their validity has been expressly agreed to.

 

§ 2 contractual partners
The customer's contractual partner is Controlupp, Einsteinstraße 4, 85748 Garching near Munich, registered at the District Court of Munich under the registration number HRA 124039.

 

§ 3 Purchase of gift vouchers
(1) Gift vouchers are purchased via the online shop Controlupp, if these can be accessed at http://www.controlupp.de.
(2) Gift vouchers can be purchased with the following spending values: €25, €50, €100, €150, €200. The purchase price for the gift vouchers corresponds to the respective issue value. (The purchase of a €50 voucher therefore costs €50.00). Gift vouchers cannot be paid for with vouchers (neither using gift vouchers nor using campaign vouchers or discounts), but only against prepayment. Shipping costs are not calculated when purchasing a voucher.
(3) Gift vouchers are purchased by selecting the relevant voucher with the desired issue value in the online shop and placing it in the shopping cart. The order for the gift voucher is sent by clicking the "Buy" button. By clicking the "Buy" button, the customer submits a binding offer; accepts Controlupp this, the contract is concluded.
(4) The receipt of the order is from Controlupp confirmed by an automatically generated confirmation of receipt by e-mail containing the voucher code. The confirmation of receipt does not yet represent acceptance of the offer and the transmitted voucher code has not yet been activated. The activation takes place only after the offer has been accepted and payment of the purchase price for the gift voucher has been received Controlupp. Only then can the voucher be redeemed.
(5) Explained Controlupp to the customer within seven days of receipt of the customer's order by accepting the offer by sending an order confirmation by e-mail, the contract is concluded upon receipt of the confirmation by the customer, the voucher code is activated from this moment and it is sent to the customer also sends a voucher card by post, which shows the voucher value, date of issue and voucher code.
(6) Explained Controlupp If the customer does not accept the offer within seven days of receipt of the customer's order, the customer's offer is deemed to have been rejected and no contract for the purchase of a gift voucher has been concluded.

 

§ 4 Redemption of gift vouchers
(1) Gift vouchers and remaining balances of gift vouchers can be redeemed until the end of the second year after the year of the gift voucher purchase ("expiry date"); after the second year following the year of the gift card purchase are no longer redeemable and expire. If there are any remaining credits when redeeming gift vouchers, they will be credited to the relevant gift voucher account under the same code by the expiry date; after the expiry date they expire.
(2) Gift vouchers can only be redeemed at www.controlupp.de for products that are approved for purchase with a voucher. Gift certificates cannot be redeemed on other websites. Gift vouchers cannot be redeemed for the purchase of additional gift vouchers. Gift vouchers cannot be paid out in cash, topped up, offset against outstanding receivables or transferred to a customer account.
(3) Gift vouchers are redeemed as follows: The customer/gift voucher holder selects from the online shop available at www.controlupp.de Controlupp the goods he wants and puts them in the shopping cart. He follows in § 3 of the terms and conditions Controlupp described ordering process. During the ordering process, the customer/gift voucher holder must enter and confirm the gift code under "Gift card or discount code". Clicking the "Buy" button completes the ordering process. Any credit on the order voucher will be deducted from the purchase price. If the value of the voucher is not sufficient for the order, the customer/gift voucher holder is responsible for the difference with another one from Controlupp approved payment method or by entering additional gift vouchers on the same page.

 

§ 5 No redeemability of gift vouchers
Gift vouchers can no longer be redeemed (neither by the buyer nor by third parties) if of the purchase contract for the voucher, a revocation, a withdrawal and/or a challenge has been declared with legal effect. In these cases, the buyer of the gift voucher receives the purchase price for the gift voucher if and to the extent that he accepts it Controlupp has paid, this reimbursed (for the revocation cf. below the regulation § 6 paragraph 2). The same applies if the purchase contract for the voucher is canceled and/or reversed for another reason; In these two cases, whether and the amount of a purchase price refund is based on the relevant agreement in the cancellation agreement or the agreements between the purchaser of the voucher and Controlupp for reversal.

 

§ 6 Consumer's Right of Withdrawal
(1) If the customer is a natural person who concludes a legal transaction for a purpose that cannot be attributed primarily to their commercial or independent professional activity (consumer), the customer is entitled to both of the voucher purchase as well as regarding the purchase of goods a right of withdrawal according to § 312g i. V. m. § 355 BGB.
(2) Right of withdrawal:
 
Right of withdrawal
right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods or Has.
In order to exercise your right of withdrawal, you must inform us (Controlupp, Einsteinstraße 4 85748 Garching near Munich, represented by the managing director Merve Sinem Özdemir, phone: +49 176 31250040 email: controlupp.service@gmail.com) by means of a clear statement (e.g. a letter sent by post or e-mail) of your decision to withdraw from this contract. You can use the attached sample revocation form for this, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
 
Consequences of revocation
If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (except for the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You have the goods immediately and in any case at the latest within fourteen days from the day on which you inform us about the cancellation of this contract Controlupp, Einsteinstrasse 4 85748 Garching near Munich, to be returned or handed over. The deadline is met if you send back the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
 
End of revocation
 
 
Sample withdrawal form
 
 

(If you want to revoke the contract, please fill out this form and send it back.)


-          An:        Controlupp
                           Einsteinstraße 4
                           85748 Garching near Munich
                           E-Mail: controlupp.service@gmail.com

-          I/we (*) hereby revoke the contract concluded by me/us (*) regarding the purchase
           of the following goods (*)/the provision of the following service (*)

                       ________________________________________________________________________

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

- Name of consumer(s) ________________________________________________

- Address of consumer(s) ________________________________________________


-          Signature of the consumer(s) (only in the case of notification on paper)

                       ____________________________

-          Datum ______________________

(*) Delete where not applicable.

 

(3) A revocation of a gift voucher purchase is only permissible as long as the gift voucher has not yet been redeemed; this also applies if the gift voucher is only partially redeemed. If the purchaser of the gift voucher would like to retain/reserve the option of revocation until the end of the revocation period, it is his responsibility to ensure that the gift voucher is not redeemed by him or any third party before the revocation period has expired.
(4) We would like to point out that, if you are a consumer, of the goods that you buy via the online shop www.controlupp.de, even if the payment is made in whole or in part by redeeming a gift voucher. Further details on the right of withdrawal and its exercise can be found above under paragraph 2 and in the General Terms and Conditions of Controlupp; if the revocation is legally effective, the amount used by the gift voucher to pay for the goods whose purchase has been revoked will be credited back to the gift voucher after the goods purchased have been returned; the period of limitation of the right to redeem the voucher is neither inhibited nor extended by the revocation of the purchase of goods, it rather remains unchanged.
Please note how in detail the terms and conditions of Controlupp stated that you have no right of withdrawal for contracts for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer. This applies in particular to the purchase of controllers that you can purchase from the online shop Controlupp put together a usable configurator for themselves.
(5) In the event of an effective cancellation of the entire order, the customer will be reimbursed in full for the flat-rate shipping costs. If part of an order is revoked, the flat-rate shipping fee will only be reimbursed if shipping costs were actually incurred for the revoked goods. The customer will be shown at the time of the order which goods are subject to shipping costs. Shipping costs will not be reimbursed insofar as they have been incurred by the customer because he opted for a different type of delivery than that of Controlupp offered cheapest standard delivery.
 
§ 7 Liability
(1) Customer claims for damages are excluded. Excluded from this are claims for damages by the customer from injury to life, limb, health, as well as liability for other damages that are based on an intentional or grossly negligent breach of duty by Controlupp, its legal representatives or vicarious agents. Furthermore, liability for the breach of obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the customer can regularly rely, remains unaffected. Liable in the case of slightly negligent violation of these contractual obligations Controlupp only for the contractually typical, foreseeable damage, unless it is a matter of claims for damages by the customer resulting from injury to life, limb or health.
(2) Paragraph 1 also applies in favor of the legal representatives and vicarious agents of Controlupp, if claims are asserted directly against them.
(3) The provisions of the Product Liability Act and the Federal Data Protection Act remain unaffected.

 

§ 8 Claims for Defects
For the of Controlupp The statutory rights to liability for defects apply to the vouchers offered.

 

§ 9 Final Provisions
(1) These General Terms and Conditions are subject to the law of the Federal Republic of Germany to the exclusion of the UN Sales Convention.
(2) 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 is Munich.
(3) The contract remains binding in its remaining parts even if individual points are legally ineffective. The statutory provisions shall take the place of the ineffective points, if any.
(4) The German language is available for the conclusion of the contract.
(5) Controlupp has not submitted to any codes of conduct.