Conditions

preamble

 

Pulu GmbH in 82515 Wolfratshausen (hereinafter referred to as "Pulu") offers a platform to water sports schools (hereinafter referred to as "partners"). The main function/task of the platform is to provide partners with an internet portal through which they can offer their services to third parties (hereinafter referred to as "end customers") directly or indirectly.

 

Pulu offers the partner the opportunity to offer and sell products to end customers on the platform in their own name and on their own account. In this case, a contractual relationship exists between Pulu and the partner and between the partner and the end customer. The end customer concludes the actual purchase contract directly with the partner. Consequently, Pulu does not act as the seller of the products; in this case, the seller of the products is exclusively the partner. Pulu acts exclusively as an independent intermediary between the partner and the end customer.

 

1. Registration

 

1.1 Pulu offers the end customer the opportunity to find out about and book products on the marketplace. The partner operates a water sports school and sells services directly to the end customer after mediation by Pulu and makes them available to the end customer.

 

1.2 A prerequisite for using the platform is a Pulu partner account (hereinafter referred to as “partner account”).

 

1.3 When registering, the partner must provide truthful and complete information regarding all required information. This applies in particular to information regarding identity, address, telephone number, email address and tax number. If certain qualifications are required or legally prescribed for the services offered, these must also be provided truthfully and completely by the partner. Should the aforementioned information change during the term of the user agreement, the partner must update the data stored with Pulu immediately.

 

1.4 Registration as a partner is reserved only for legal entities, partnerships and natural persons with unlimited legal capacity who act as entrepreneurs within the meaning of Section 14 Paragraph 1 of the German Civil Code (BGB).

 

 

2. access data

 

2.1 After successfully activating his partner account, the partner chooses a secure password. The partner is obliged to keep his password and any other access data for using the marketplace strictly confidential and to carefully secure access to his partner account.

 

2.2 The partner must immediately notify Pulu of any use of his partner account by unauthorized persons so that Pulu can take appropriate measures to stop the unauthorized use. If the partner is responsible for the unauthorized use and Pulu has suffered damage as a result, the partner is obliged to compensate Pulu for this damage.

 

2.3 The partner account can only be transferred to third parties with the express consent of Pulu.

2.4 Official communication between Pulu and the partner takes place in text form, via the email address stored in the partner account

 

 

3. Service description

 

3.1 The partner can also use the marketplace to sell products in its own name and on its own account. In this case, Pulu only assumes an "intermediary role" between the end customer and the partner. Consequently, the partner acts exclusively as the seller of the service to the end customer and is therefore also responsible for providing the service as part of the purchase.

 

3.2 The partner may only offer services for which the partner can provide a date. The partner undertakes to inform Pulu immediately if a service is fully booked or if the date cannot be kept.

 

3.3 The Partner undertakes to inform Pulu about changes to its privacy policy, its cancellation conditions, general terms and conditions and the imprint, provided that these are issued by Pulu in offers.

 

4. Purchase contract and order transmission

 

4.1 The presentation of the products on the platform does not constitute a binding offer from the partner to Pulu nor a binding offer from Pulu to the end customer to conclude a purchase contract. The presentation is merely an invitation to end customers to make a binding offer to Pulu.

 

4.2 By submitting the order on the platform, the end customer makes a binding offer to Pulu to conclude a purchase contract for the products contained in the shopping cart. Pulu, in turn, makes a purchase offer to the partner by transferring the end customer's order to the partner's booking system.

 

4.3 To communicate with the end customer in the context of the booking (e.g. order confirmation), Pulu provides the partner with an alias email address that ensures that Pulu is informed about the booking status of the order. Pulu reserves the right to make test purchases.

 

4.4 The partner is obliged to check the booking data for accuracy (date, price, etc.). The partner accepts the order by clicking on the "Accept" button in the partner area of the platform or by sending a corresponding confirmation email to Pulu via the alias email address. If the partner refuses to accept the order (e.g. in the partner area of the platform), the offer is deemed to have been rejected by the partner, so that no purchase contract is concluded between Pulu and the partner. The partner undertakes to accept the offer or refuse the order promptly, within one working day at the latest. If the partner has not processed the order within one working day, Pulu will charge a processing fee of EUR 5.00. This fee only applies if the order is transmitted from Pulu to the partner by email and is not charged if Pulu enters the order directly into the booking system.

 

4.5 After accepting the booking, the partner undertakes to provide the service to the end customer in the manner and quantity described on the agreed/specified date and at the total cost to Pulu. Any failure or non-fulfillment must be communicated to the end customer and Pulu immediately (e.g. via the alias email address). The partner assigns all claims for compensation for the failure to Pulu.

 

4.6 Pulu may charge a processing fee for each failure for which the Partner is responsible (this does not apply to weather-related failures) of a maximum of 10% of the booking value.

 

4.7 Pulu may charge processing fees for refunds of bookings that have already been invoiced, e.g. in the event of cancellation by the partner, in the amount of the fee according to Section 8.4.

 

5. Right of withdrawal

 

5.1 The end customer's timely cancellation of the contract with Pulu and/or the partner is equivalent to the timely cancellation of the contract by Pulu with the partner. If the cancellation is received by Pulu, Pulu will report the end customer's cancellation to the partner immediately, but no later than within 3 working days of receipt of the cancellation. The cancellation period is deemed to have been observed within the 3 working days, even if the initial cancellation period has already expired.

 

5.2 If the end customer exercises his statutory right of withdrawal in case 1, the partner grants Pulu the right to also withdraw from the purchase agreement with the partner (see section 5.3), even if the period for the end customer to exercise his statutory right of withdrawal has already expired. If this occurs, the partner is obliged to reimburse Pulu for the total price already paid (including shipping costs, payment method surcharge, etc.) less any compensation for deterioration of the product or use made of it. Pulu is entitled to offset these reimbursements against future credits to the partner.

5.3 The end customer's timely cancellation of the contract with Pulu and/or the partner is equivalent to the timely cancellation of the contract by Pulu with the partner. If the cancellation is received by Pulu, Pulu will report the end customer's cancellation to the partner immediately, but no later than within 3 working days of receipt of the cancellation. The cancellation period is deemed to have been observed within the 3 working days, even if the initial cancellation period has already expired.

 

6. claim

 

6.1 Pulu's warranty rights are governed by the general statutory provisions, unless otherwise specified. If in case 1 an end customer makes warranty or guarantee claims against Pulu, Pulu will use the partner to meet these claims. The partner agrees to provide any warranty or guarantee services asserted against Pulu to Pulu's end customers without restriction within the framework and scope of the respective statutory provisions, as if these end customers were the partner's end customers. Pulu and the partner work together to clarify and process the claims as best as possible, taking into account that Pulu, as an intermediary, has no direct influence on product selection, quality, remedy of defects and subsequent fulfillment options.

 

7. compensation

 

If a service offered on the platform is successfully arranged, Pulu acts as a payment provider. The end customer's payments, minus the commission fees agreed with Pulu, are paid into the partner's PayPal account after the cancellation period has expired. Invoices for completed bookings are issued monthly for the previous month.

 

 

8. Intellectual property

8.1 The partner grants Pulu a free, non-exclusive, spatially unlimited right of use, in particular to logos, brands, product images, product videos and/or written or graphic representations. Pulu will not change the brand and/or logo in such a way that the form no longer corresponds to that provided by the partner, with the exception of adjusting the size of the brand and/or logo, but the relative proportions will not be affected. If the partner wishes that Pulu no longer uses certain materials for certain uses, he can notify Pulu of this.

8.2 Pulu reserves the right to sublicense the usage rights to affiliated companies.

8.3 Notwithstanding clause 10.1, Pulu is entitled, even without the consent of the Partner, to use the Materials to the extent that such use is legally permissible even without a license from the End Customer.

8.4 Pulu grants the Partner a limited, non-exclusive license to personally use the Pulu web front end and the API interface (including all updates, upgrades, new versions and replacement software) in accordance with the applicable license documentation. The Partner may not rent, lend or otherwise make the above usage rights available to third parties.

8.5 The Partner must comply with the usage and integration requirements contained in the license documentation, as well as any instructions the Partner receives from Pulu regarding the services. This also applies, for example, to usage or integration requirements that exist due to legal provisions or the rules of the credit card companies.

8.6 The Partner confirms and warrants to Pulu that the Partner has all rights, powers and authorities necessary to grant the above license and that Pulu and/or its affiliates may use the Content in accordance with this license free from infringement of any third party rights.

 

9. Restrictions on use

Pulu strives to maintain high technological standards, but points out that errors in the technology used (hardware and software) that could lead to damage cannot be ruled out. In particular, continuous accessibility of the Pulu websites and telecommunications systems (including email systems) is neither owed nor guaranteed.

 

10. Lawful use, blocking

10.1 Pulu reserves the right to warn partners and to temporarily or permanently block them if one or more of the following points are violated.

• The products offered by the partner contain misleading or untrue information in product descriptions, content that violates the rights of third parties, in particular copyright and trademark rights and/or content that violates applicable law.
• The partner harasses, insults, threatens or otherwise interferes with the end customer's rights. Pulu reserves the right to temporarily block the partner's profile until the matter is clarified. If it turns out that the accusation was not true, the partner will be reactivated. If the accusation is confirmed, the partner will be blocked permanently.
• There are repeated complaints from end customers because the partner has not kept to agreed appointments or services. Repeated includes 3 complaints per month. The partner has the opportunity to explain itself to Pulu within a 7-day period. Whether the complaints are justified is at Pulu's discretion.
• The partner's customer rating falls below 2.5 out of 5 points in the past calendar year. The partner will be warned if this is the first violation. If products are complained about in one out of twenty cases within a calendar month or in more than three cases per month. Excepted are cases in which the reason for the complaint is not the responsibility of the partner, such as weather conditions.
• If more than 10% of all Partner’s transactions in a calendar month are cancelled by the Partner
• The partner is laundering money using the partner account. If there is reasonable suspicion, Pulu reserves the right to temporarily block the profile until the matter is clarified. The blocking will remain in place until the partner can refute the suspicion against him or herself. If the suspicion is confirmed, Pulu reserves the right to permanently block the profile and, if necessary, report it to the relevant authority.
• The partner violates applicable law.
• The relationship of trust between the partner and Pulu is permanently damaged.
• 10.2 Whether the partner’s profile is warned, temporarily or permanently blocked depends on the severity of the violation.
• 10.3 Pulu will inform the partner, stating the reasons, if the products offered are restricted or suspended. The information will be transmitted on a permanent data medium. This will be done regularly, but not exclusively, to the email address stored in the partner account.
• 10.4 Pulu is legally obliged to provide the partner with the reasons for permanently blocking the profile on a permanent data medium. This will be done regularly, but not exclusively, to the email address stored in the partner account. The partner will be informed of this 30 days in advance.
• 10.5 The 30-day period does not apply if any of the following conditions apply:
• Pulu is legally or officially obliged to block a partner's partner account, which does not allow compliance with the deadline.
• Pulu exercises its right to block access based on a compelling reason under German law that is in line with Union law.
• Pulu can prove that the partner has repeatedly violated these Terms and Conditions.
• 10.6 Otherwise, the deadline remains unaffected.
• 10.7 Pulu is not obliged to inform the Partner of the reasons that led to the blocking of the profile if:
• Pulu is legally or officially obliged not to disclose the reasons.
• Pulu can prove that the Partner has repeatedly violated these Terms and Conditions, which led to the blocking of the Partner account.
• 10.8 Pulu expressly points out the possibility of complaining within the framework of the internal complaint management procedure (Section 21). If the complaint is successful, Pulu will immediately reactivate the profile.

11. reviews

11.1 After the contract has been executed, the end customer has the opportunity to evaluate the products offered/provided by the partner and/or the partner itself. This serves the primary purpose of giving other end customers at Pulu a reliable picture of the partner and their products in terms of the quality of the service and the general appearance.

11.2 For this reason, the end customer may only submit reviews that give a true picture of the execution of the order. The reviews must also be written in an objective manner.

11.3 Pulu reserves the right to delete untrue, irrelevant, offensive or defamatory reviews in whole or in part and, in the event of particularly serious violations of the above regulations, to block end customers from future use of the Pulu platform.

11.4 Pulu is not responsible for the content of reviews and assumes no liability in this regard.