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Terms of use Wuplo

1. General

We - First Mile Delivery Solutions GmbH (registered with the commercial register of the local court of Charlottenburg (Berlin) under HRB 227784 B, Address: Uhlandstraße 14, 10623 Berlin, Germany) - provide you as a user with our platform Wuplo (hereinafter referred to as "platform") and the contents and services offered therein on the basis of these Terms of Use.

For the use of the platform these general terms of use apply exclusively. Deviating conditions do not apply without our explicit objection.

The platform offers the delivery service of food, beverages and related household goods as well as deposit pick up, recycling ("Delivery Service"), which are provided by manufacturers and suppliers (hereinafter "Partners") of First Mile Delivery Solutions GmbH, except of the deposit pick up and recycling, which are provided by First Mile Delivery Solutions GmbH itself.

These terms of use apply to consumers. It is a service directed to the end consumer. It is expressly not aimed at large customers who resell the goods or intend to do so. We reserve the right to refuse deliveries if you are a wholesale customer, e.g. if you have ordered non-household quantities.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.

An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.

We do not sell to entrepreneurs or legal entities, but only to natural persons. Therefore we will not accept orders from entrepreneurs or legal entities until further notice.

You can use the delivery service if it is offered for your postal code, which you select.


2. Scope of services

Wuplo is a digital platform for the delivery of food from various partners of First Mile Delivery Solutions GmbH, which we offer through the platform.

Wuplo allows you to collect and order various food products from different partners at First Mile Delivery Solution GmbH. We buy the products from our partners and sell them to you.

On Wuplo you can select food from different partners and have it delivered to you. Here you are largely free in the design of the scope of delivery and the timing of delivery.

Wuplo is updated by us at regular intervals. We reserve ourselves to change the services offered with Wuplo or to offer deviating services. We do not take over responsibility for the adjusted contents (legality, correctness and completeness).

You have the option of having us recycle packaging materials from previous orders delivered by us, as well as any bottles you may have. These (together - "recycling") can be returned by handing them to our courier when your next order is delivered. When you return recycling, your in-system bonus account is credited with bonus points, each equal to a eurocent. These bonus points can then be used to partially pay for your next order - no more than 20% of the order value. Bonus points expire after 12 months have passed since a user’s last order, if not used. We will keep you informed in our app and on our website about further options on earning and spending bonus points. Bonus points cannot be refunded in cash to the customer.


3. Conclusion of a contract

The contract for the use of Wuplo is concluded with the installation of the app. When installing the app, the conditions of the operators of the Apple App Store or the Google Play Store apply in addition to these terms of use. The contract for the user of Wuplo may also be concluded by registering on our website www.wuplo.com.

By using the delivery service, no purchase contract is concluded between you and us. The purchase contract is concluded by clicking on "Order with obligation to pay" at the end of the shopping cart compiled by you. The online display of the article selection on the platform therefore does not constitute an offer to conclude a purchase contract, but is to be regarded as an invitation to submit an offer by you. The placement of the goods in the shopping cart alone is completely non-binding for you and does not obligate you to purchase the selected items. A return of non-defective items and/or a refund of the purchase price in this regard are excluded after the execution of the purchase contract, i.e. with delivery.

We present the goods on the platform in compliance with the relevant legal requirements. We receive the product-specific information from the respective partner and provide this information in the online store. However, you should check this information at the time of delivery of the goods.

We do not guarantee delivery of ordered goods in case we find that at the time of the order being assembled, goods in stock are not of sufficient quality. In this rare case, the order will be delivered without these goods,and you will not be charged for them.


4. Registration

Before you can use Wuplo, you must register. For this you enter your name, your e-mail address, telephone number and a valid password. You will then receive an e-mail with a confirmation link, which you click to confirm your entries. By doing so, you also confirm that the personal information you provided during registration is true and correct. After that we will activate your access and you can use Wuplo with your access data.

During the registration you must be at least 16 years old. Please note, however, that we do not sell alcoholic beverages, such as spirits and food containing them, to persons under the age of 18.

If you do not confirm your entries via the confirmation link, your access data will be automatically deleted after 48 hours.

There is no legal claim to the use of Wuplo. We are entitled to refuse registration without giving reasons.


5. Delivery

We deliver the items you have selected to your door. When placing your order, you can choose whether you would like the goods to be delivered personally or whether we can deliver the goods to your door. lf you request a personal delivery, we will only deliver the goods to you or an adult representative. lf we do not meet you or a representative of legal age, we will try to contact you by telephone using the telephone number you provided during registration. lf we do not reach you and cannot arrange a delivery date, we will cancel the order at your expense.

lf we meet you on site, we will type the code displayed in your app into our reader, which will act as a delivery confirmation.

lf we do not meet you on site and you have given us permission to park the goods, we will photograph the goods parked on your doorstep and send you the photographic proof. The delivery is then deemed to have been made.

Deliveries shall only take place within the territory of the Federal Republic of Germany.

In the case of loose goods, we will, as far as possible, compile the quantity requested by you, although minor deviations in quantity cannot be ruled out. Loose goods are goods which are advertised/offered unpacked according to weight/volume/length or area and are weighed out individually for the customer, so that the final price to be paid by you - based on the stated basic price in euros per 100 ml or 100 g or in euros per 1 kg / 1 L /- 1 m2 or 1 m3 - relates to the quantity actually weighed out.

The above applies accordingly to goods that are advertised/offered packaged by weight/volume/length or area.

We reserve the right to limit certain goods to household quantities and thus to restrict the individual supply offer.

We offer delivery times that you can select depending on the availability of the delivery service. The minimum delivery time is 15 minutes, then you can select delivery times every 5 or 10 minutes. We cannot guarantee delivery dates in advance, but in 99% of cases the delivery will be made according to your specifications. The fastest possible delivery time is displayed after you have entered the delivery address. However, this can only be an approximate value, which may vary depending on the volume of traffic. In the event of delays, we will inform you by in-app message or SMS.

We do not guarantee that the delivery service will be available at every delivery location you choose.


6. Minimum order value; Delivery fee; Payment

No minimum order value is established.

The cost of delivery is calculated for each order individually, ranges from 0 to 5 Euros and is shown to you before the order is placed for a particular delivery time.

The amount of the delivery charge will be shown to you before you place your binding order, as well as the delivery time corridor in which no delivery charge applies.

All prices stated on the platform are inclusive of VAT and show the price at the time of the order by you.

You have the following payment options with us:

Debit and Credit Cards:

We accept the following debit and credit cards:

- VISA
- MasterCard

We process payments in the following way:

1. When you enter your debit or credit card details, we make a test charge to your card of 1 euro, which is then returned.
2. The details of this test payment are then used by our payments/acquiring service provider in the future to charge your entered bank card. We do not ourselves store your card details.
3. When an order is confirmed by you, we temporarily block the amount necessary on your debit or credit card, by issuing an instruction to our payments/acquiring service provider. If the order value changes during the order assembly process, for example if a certain product becomes unavailable, then we will release the blocked amount on your bank card, and a correct amount will be blocked.
4. Final payment is charged to your card during the time period between the order starting to be assembled and the order being delivered. In some cases, we may charge your bank card after the order is delivered.
5. If the order contains weighted goods (such as fruit, vegetables), the total order value may vary by up to 5% from what was initially indicated in the shopping cart. The final order value is calculated after the order is assembled, based on the exact weight of products. You will see the final order value in the invoice you receive.

PayPal:

lf you pay via PayPal, the debit will usually take place on the same day and will be processed via PayPal (Europe) S.a r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, registered in the Commercial Register R.C.S. Luxembourg under number B 118 349. lf you pay via PayPal, you authorise us to collect the payments to be made by you on the due date from your PayPal account to be named by you. We would like to point out that you may incur costs in accordance with the PayPal terms of use when using the PayPal payment service. The costs incurred will be displayed when you select the payment methods.

We will send you an invoice to the e-mail address you have provided, which will list the goods you have ordered individually and the total price.


7. Confidentiality of access data

The access data is intended exclusively for your personal use. You are obliged to keep your access data, especially the password, secret at all times and to prevent unauthorised use of Wuplo by third parties. lf you have knowledge of a misuse of the access data or even if there is only the suspicion, you must inform us about it immediately. In case of misuse or suspected misuse, we are entitled to block your access immediately. You are liable for all consequences of third-party use if you are responsible for the misuse of your access data. In particular, you are responsible for the misuse if the unauthorised use of the access data was made possible by you, even if only negligently.


8. Withdrawal of access authorisation and termination

In the event of violations of these terms of use, in particular through incorrect information during registration, unauthorized disclosure of access data and / or misuse of Wuplo, we reserve the right to temporarily or permanently block your access without giving reasons and / or access with immediate effect or to finally withdraw it with a period of time at its discretion and to terminate the contractual relationship extraordinarily and without notice. In these cases, a new registration is only possible with our express consent.

The registration can be cancelled in writing at any time and the contract for the use of Wuplo can be terminated by a simple declaration in text form or by deleting your profile at Wuplo.


9. External providers

lf and as far as on or about Wuplo goods or service offers of third enterprises are integrated, the contracts come about about the purchase of such achievements exclusively with the respective supplier.


10. Data protection; protection of minors

We are committed to respecting and protecting the privacy of Wuplo users, which we need to fulfil our obligations under these terms of use. We process users’ personal data, taking in account provisions of our privacy policy and General Data Protection Regulations.

We only supply alcoholic beverages, such as spirits, to persons who are at least 18 years old. Beer, wine and the like to persons who are at least 16 years old. This complies with the provisions of the Youth Protection Act. We reserve the right to check the age when handing over the goods. By placing an order on the platform, you accept these terms of delivery and at the same time declare that you are at least 16 or 18 years old. lnsofar as persons who are not of age place orders stating false facts and/or without the approval of their responsible adult with custody or power of representation, we hereby revoke these contracts as a precautionary measure in accordance with § 111 BGB (German Civil Code).

lf the delivery cannot be handed over as a result of the age verification at the front door, you must bear the additional costs for returning the order.


11. Liability

We are liable for damages, which were caused intentionally or grossly negligently, which are the consequence of the non-existence of a guaranteed condition of the achievement object of Wuplo and the platform, which are based on a culpable injury of substantial contract obligations (so-called cardinal obligations), which are the consequence of a culpable injury of the health, the body or the life or for which a liability is provided after the product liability law, according to the legal regulations. Cardinal obligations are those contractual obligations the fulfilment of which is essential for the proper performance of the contract and the observance of which the contractual partner may regularly rely on, and the breach of which on the other hand jeopardises the achievement of the purpose of the contract.

In the event of a breach of a cardinal obligation, liability - insofar as the damage is only due to slight negligence and does not affect life, limb or health - shall be limited to such damage as must typically and foreseeably be expected to occur within the scope of the provision of services such as the contractual services. In all other respects, liability - irrespective of the legal grounds - both on our part and on the part of our vicarious agents and assistants is excluded.


12. Copyright

The Platform and the content and services offered therein are works protected by copyright and/or other intellectual property rights and are our property. The rights of use granted are limited exclusively to the provision and use of the platform and the content and services offered therein within the scope of and in accordance with the provisions of these Terms of Use.

In this respect, we grant a simple and non-transferable right, revocable at any time and limited to the duration of the contractual use, to use the platform and the content and services offered therein for our own non-commercial purposes.

Unless further use is expressly permitted in these Terms of Use or enabled by a corresponding functionality (for example a download button), the content and services offered may only be accessed and displayed on the devices used by you. Any use for or in connection with commercial purposes is prohibited.

Especially the design of Wuplo and the platform as weil as the contained texts, graphics, layouts, pictures, videos and databases are protected by copyright. The offer of Wuplo may not be interpreted in such a way that thereby tacitly, by forfeiture or in any other way a licence is granted to a copyright or other protective right.


13. Amendment of the terms of use

We reserve the right to change the terms of use at any time and without giving reasons. You will be informed of the new terms of use directly when you access the platform. The new terms of use are deemed to be agreed as soon as you have agreed to them at this point. lf you object to them, either party has the right to terminate the contract of use with immediate effect.

You may not, however, modify the Terms of Use in any way that would limit the content or scope of Wuplo's existing core features to your detriment or introduce any new obligations not previously included in the Terms of Use.


14. Final provisions

These Terms of Use are governed exclusively by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.

You can access, save and print the current terms of use at any time via the platform. We also save the terms of use and provide them to you by e-mail upon request.

Since 09.01.2016, Regulation (EU) Number 524/2013 (ODR Regulation) has been in force on online dispute resolution in consumer matters. The EU Commission has set up an internet platform ("ODR platform") for the settlement of disputes between entrepreneurs and consumers. The ODR platform can be accessed at ec.europa.eu/consumers/odr.

Should individual clauses of these Terms of Use be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The omitted provision shall be replaced by a legally permissible provision that comes as close as possible to it in economic terms. The same shall apply in the event of a loophole


Wuplo Refund Policy

First Mile Delivery Solutions GmbH (Wuplo, the service) strives to deliver products of the highest quality to every customers. In the unfortunate event that a customer is not satisfied with a product's quality, our customer support staff will help deal with this.

We will issue refunds for all defective products, in accordance with our AGB and German law. Furthermore, so that our customers get the best possible service, we will carefully review every customer complaint, and may issue refunds where we feel we didn't deliver our promised level of service.


Wuplo Cancellation Policy

First Mile Delivery Solutions GmbH (Wuplo, the service) allows customers to place orders up to 2 days ahead of the planned delivery date. The possibility of placing an order with a specific delivery date is shown in the mobile application and website, after a customer has logged in. Orders which have been placed can be cancelled up to 10 minutes prior to the planned delivery time, at which point the "cancel order" option will no longer be available in the mobile application and website.