General Terms and Conditions with Customer Information
Table of Contents
Scope
Conclusion of the Contract
Right of Withdrawal
Prices and Payment Terms
Delivery and Shipping Terms
Retention of Title
Liability for Defects (Warranty)
Liability
Special Conditions for the Processing of Goods According to Specific Customer Requirements
Applicable Law
Place of Jurisdiction
Code of Conduct
Alternative Dispute Resolution
1) Scope
1.1 These General Terms and Conditions (hereinafter referred to as the “GTC”) of penfabrik GmbH (hereinafter referred to as the “Seller”) apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter referred to as the “Customer”) and the Seller with regard to the goods displayed by the Seller in its online shop. The inclusion of the Customer’s own terms and conditions is hereby rejected unless otherwise agreed.
1.2 A Consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or independent professional activity.
1.3 An Entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, acts in the course of its trade, business or independent professional activity.
2) Conclusion of the Contract
2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers by the Seller, but serve to enable the Customer to submit a binding offer.
2.2 The Customer may submit the offer using the online order form integrated into the Seller’s online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer with respect to the goods contained in the shopping cart by clicking the button that completes the ordering process. The Customer may also submit the offer to the Seller by email, online contact form or telephone.
2.3 The Seller may accept the Customer’s offer within five days:
by sending the Customer a written order confirmation or an order confirmation in text form (fax or email), whereby receipt of the order confirmation by the Customer is decisive; or
by delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer is decisive; or
by requesting payment from the Customer after the Customer has placed the order.
If several of the aforementioned alternatives apply, the contract is concluded at the time when the first of these alternatives occurs. The period for accepting the offer begins on the day after the Customer sends the offer and ends upon expiry of the fifth day following the dispatch of the offer. If the Seller does not accept the Customer’s offer within the aforementioned period, this is deemed to constitute rejection of the offer, with the result that the Customer is no longer bound by their declaration of intent.
2.4 If a payment method offered by PayPal is selected, payment is processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22–24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as “PayPal”), subject to the PayPal User Agreement, available at https://www.paypal.com/de/legalhub/paypal/useragreement-full, or—if the Customer does not have a PayPal account—subject to the Terms for Payments without a PayPal Account, available at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the Customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the Seller hereby declares acceptance of the Customer’s offer at the time the Customer clicks the button that completes the ordering process.
2.5 When an order is placed using the Seller’s online order form, the text of the contract is stored by the Seller after conclusion of the contract and sent to the Customer in text form (e.g. email, fax or letter) after the Customer has submitted the order. The Seller will not make the text of the contract accessible beyond this. If the Customer has created a user account in the Seller’s online shop before submitting the order, the order data will be archived on the Seller’s website and may be accessed by the Customer free of charge through their password-protected user account by entering the relevant login details.
2.6 Before submitting a binding order using the Seller’s online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. The browser’s zoom function, which enlarges the display on the screen, may be an effective technical means of identifying input errors more easily. During the electronic ordering process, the Customer may correct their entries using the usual keyboard and mouse functions until they click the button that completes the ordering process.
2.7 Various languages are available for the conclusion of the contract. The specific language options are displayed in the online shop.
2.8 Order processing generally takes place automatically by email. The Customer must ensure that the email address provided for order processing is correct so that emails sent by the Seller can be received at that address.
3) Right of Withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the Seller’s withdrawal policy.
4) Prices and Payment Terms
4.1 Unless otherwise stated in the Seller’s product description, the prices quoted are total prices and include statutory value-added tax. Any additional delivery and shipping costs are stated separately in the respective product description.
4.2 In the case of deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the Seller is not responsible and which must be borne by the Customer. These include, for example, costs for the transfer of funds by financial institutions (e.g. transfer fees or exchange-rate fees) or import duties and taxes (e.g. customs duties). Such costs relating to the transfer of funds may also be incurred if the delivery is not made to a country outside the European Union but the Customer makes the payment from a country outside the European Union.
4.3 The payment option(s) will be communicated to the Customer in the Seller’s online shop.
4.4 If advance payment by bank transfer has been agreed, payment is due immediately upon conclusion of the contract unless the parties have agreed on a later due date.
4.5 If a payment method offered through the “PayPal” payment service is selected, payment is processed through PayPal, which may also use the services of third-party payment service providers for this purpose. If the Seller also offers payment methods through PayPal under which the Seller provides advance performance to the Customer (e.g. purchase on account or payment by instalments), the Seller assigns its payment claim in this respect to PayPal or to the payment service provider commissioned by PayPal and specifically named to the Customer. Before accepting the Seller’s declaration of assignment, PayPal or the payment service provider commissioned by PayPal carries out a credit check using the Customer data transmitted. The Seller reserves the right to refuse the selected payment method to the Customer if the result of the check is negative. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, payment with debt-discharging effect can be made only to PayPal or to the payment service provider commissioned by PayPal. However, even if the claim is assigned, the Seller remains responsible for general customer enquiries, for example regarding the goods, delivery time, shipping, returns, complaints, declarations and submissions of withdrawal, or credit notes.
4.6 If the “Sofortüberweisung” payment method is selected, payment is processed by Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden (hereinafter referred to as “Klarna”). To pay the invoice amount via “Sofortüberweisung”, the Customer must have an online banking account enabled for participation in “Sofortüberweisung”, authenticate themselves accordingly during the payment process, and confirm the payment instruction. The payment transaction is then carried out immediately by Klarna and the Customer’s bank account is debited. Further information about the “Sofortüberweisung” payment method is available to the Customer online at https://www.klarna.com/sofort/.
4.7 If a payment method offered through the “Shopify Payments” payment service is selected, payment is processed by Shopify International Limited, Victoria Buildings, 2nd Floor, 1–2 Haddington Road, Dublin 4, D04 XN32, Ireland (“Shopify”). The individual payment methods offered through Shopify Payments will be communicated to the Customer in the Seller’s online shop. Shopify may use additional payment services to process payments; special payment terms may apply to these services, and the Customer may be informed of them separately. Further information about “Shopify Payments” is available online at https://www.shopify.com/legal/terms-payments/de.
4.8 If a payment method offered through the “Apple Pay” payment service is selected, payment is processed by Apple Distribution International (Apple), Hollyhill Industrial Estate, Hollyhill, Cork, Ireland (“Apple”). The individual payment methods offered through Apple Pay will be communicated to the Customer in the Seller’s online shop. Apple may use additional payment services to process payments; special payment terms may apply to these services, and the Customer may be informed of them separately. Further information about Apple Pay is available online at https://www.apple.com/de/apple-pay/.
4.9 If a payment method offered through the “Google Pay” payment service is selected, payment is processed by Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland (“Google”). The individual payment methods offered through Google Pay will be communicated to the Customer in the Seller’s online shop. Google may use additional payment services to process payments; special payment terms may apply to these services, and the Customer may be informed of them separately. Further information about Google Pay is available online at https://pay.google.com/intl/de_de/about/.
4.10 If a payment method offered through the “Stripe” payment service is selected, payment is processed by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as “Stripe”). The individual payment methods offered through Stripe will be communicated to the Customer in the Seller’s online shop. Stripe may use additional payment services to process payments; special payment terms may apply to these services, and the Customer may be informed of them separately. Further information about Stripe is available online at https://stripe.com/de.
4.11 If a payment method offered through the “Klarna” payment service is selected, payment is processed by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter referred to as “Klarna”). Further information and Klarna’s applicable terms are available here:
https://penfabrik.com/pages/zahlungsmoglichkeiten
4.12 If purchase on account is selected as the payment method, the purchase price becomes due after the goods have been delivered and invoiced. In this case, unless otherwise agreed, the purchase price must be paid without deduction to Klarna AB, Sveavägen 46, 11134 Stockholm, Sweden (www.klarna.de), within 30 days of the invoice date. The purchase-on-account payment method is subject to a successful credit check by Klarna AB. If, following the credit check, the Customer is permitted to use purchase on account, payment will be processed in cooperation with Klarna AB, to which the Seller assigns its payment claim. In this case, payment with debt-discharging effect can be made only to Klarna AB. In all other respects, the General Terms and Conditions of Klarna AB apply in this regard and may be accessed by the Customer during the ordering process. The Seller reserves the right to offer purchase on account only up to a specified order value and to reject this payment method if the specified order value is exceeded. In this case, the Seller will inform the Customer of the corresponding payment restriction in the payment information in its online shop.
4.13 If the “PayPal Invoice” payment method is selected, the Seller assigns its payment claim to PayPal. Before accepting the Seller’s declaration of assignment, PayPal carries out a credit check using the Customer data transmitted. The Seller reserves the right to refuse the “PayPal Invoice” payment method to the Customer if the result of the check is negative. If the “PayPal Invoice” payment method is approved by PayPal, the Customer must pay the invoice amount to PayPal within 30 days of receiving the goods unless PayPal specifies a different payment deadline. In this case, payment with debt-discharging effect can be made only to PayPal. However, even if the claim is assigned, the Seller remains responsible for general customer enquiries, for example regarding the goods, delivery time, shipping, returns, complaints, declarations and submissions of withdrawal, or credit notes. In addition, the General Terms of Use for PayPal Purchase on Account apply and are available at https://www.paypal.com/de/webapps/mpp/ua/pui-terms.
4.14 If payment by credit card via Stripe is selected, the invoice amount is due immediately upon conclusion of the contract. Payment is processed by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as “Stripe”). Stripe reserves the right to carry out a credit check and to reject this payment method if the result of the credit check is negative.
5) Delivery and Shipping Terms
5.1 If the Seller offers shipment of the goods, delivery will be made within the delivery area specified by the Seller to the delivery address provided by the Customer unless otherwise agreed. The delivery address specified in the Seller’s order processing is decisive for processing the transaction. By way of derogation, if PayPal is selected as the payment method, the delivery address stored by the Customer with PayPal at the time of payment is decisive.
5.2 If delivery of the goods fails for reasons attributable to the Customer, the Customer will bear the reasonable costs incurred by the Seller as a result. This does not apply to the cost of the initial shipment if the Customer validly exercises their right of withdrawal. If the Customer validly exercises their right of withdrawal, the provision concerning return shipping costs in the Seller’s withdrawal policy applies.
5.3 If the Customer acts as an Entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold passes to the Customer as soon as the Seller has handed the goods over to the forwarding agent, carrier, or other person or institution designated to carry out the shipment. If the Customer acts as a Consumer, the risk of accidental loss and accidental deterioration of the goods sold generally passes only when the goods are handed over to the Customer or to a person authorised to receive them. By way of derogation, the risk of accidental loss and accidental deterioration of the goods sold also passes to a Consumer as soon as the Seller has handed the goods over to the forwarding agent, carrier, or other person or institution designated to carry out the shipment if the Customer has commissioned that forwarding agent, carrier, person or institution to carry out the shipment and the Seller did not previously identify that person or institution to the Customer.
5.4 If the Customer acts as a Consumer domiciled in Germany or as an Entrepreneur, the Seller reserves the right to withdraw from the contract in the event that the Seller itself is not supplied correctly or properly. However, this applies only if the Seller is not responsible for the failure to supply and, with due care, has concluded a specific procurement transaction with the supplier. The Seller will make all reasonable efforts to procure the goods. If the goods are unavailable or only partially available, the Customer will be informed without delay and any consideration already paid will be refunded without delay.
5.5 If the Seller offers the goods for collection, the Customer may collect the ordered goods from the address specified by the Seller during the business hours specified by the Seller. No shipping costs will be charged in this case.
6) Retention of Title
If the Seller provides advance performance, the Seller retains title to the delivered goods until the purchase price owed has been paid in full.
7) Liability for Defects (Warranty)
Unless otherwise provided in the following provisions, the statutory rules on liability for defects apply. By way of derogation, the following applies to contracts for the delivery of goods:
7.1 If the Customer acts as an Entrepreneur:
the Seller may choose the type of subsequent performance;
for new goods, the limitation period for claims for defects is one year from delivery of the goods;
claims for defects are excluded for used goods;
the limitation period does not begin again if a replacement delivery is made under the liability for defects.
7.2 The limitations of liability and reductions of limitation periods set out above do not apply:
to the Customer’s claims for damages and reimbursement of expenses;
if the Seller has fraudulently concealed the defect;
to goods that have been used for a building in accordance with their customary purpose and have caused the building to be defective;
to any obligation of the Seller to provide updates for digital products in the case of contracts for the delivery of goods with digital elements.
7.3 In addition, for Entrepreneurs, the statutory limitation periods for any statutory right of recourse remain unaffected.
7.4 If the Customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (Handelsgesetzbuch, HGB), the Customer is subject to the commercial duty to inspect the goods and give notice of defects in accordance with Section 377 HGB. If the Customer fails to comply with the notification duties stipulated therein, the goods are deemed approved.
7.5 If the Customer acts as a Consumer, the Customer is requested to report delivered goods with obvious transport damage to the delivery agent and inform the Seller accordingly. Failure to do so has no effect whatsoever on the Customer’s statutory or contractual claims for defects.
8) Liability
The Seller is liable to the Customer for damages and reimbursement of expenses arising from all contractual, quasi-contractual and statutory claims, including claims in tort, as follows:
8.1 The Seller has unlimited liability on any legal grounds:
in cases of intent or gross negligence;
in cases of intentional or negligent injury to life, limb or health;
on the basis of a guarantee, unless otherwise stipulated in this respect;
on the basis of mandatory liability, such as under the German Product Liability Act (Produkthaftungsgesetz).
8.2 If the Customer acts as a Consumer domiciled in Germany or as an Entrepreneur, the following limitations of liability apply:
If the Seller negligently breaches a material contractual obligation, its liability is limited to the foreseeable damage typical for the contract, unless it has unlimited liability under the preceding clause. Material contractual obligations are obligations imposed on the Seller by the content of the contract for the purpose of achieving the objective of the contract, the fulfilment of which is essential for the proper performance of the contract and on compliance with which the Customer may regularly rely. In all other respects, the Seller’s liability is excluded unless it has unlimited liability under the preceding clause.
8.3 The above liability provisions also apply with regard to the Seller’s liability for its vicarious agents and legal representatives.
9) Special Conditions for the Processing of Goods According to Specific Customer Requirements
9.1 If, under the contract, the Seller is required not only to deliver the goods but also to process them in accordance with specific Customer requirements, the Customer must provide the Seller with all content required for processing, such as text, images or graphics, in the file formats, formatting, image dimensions and file sizes specified by the Seller and must grant the Seller the necessary rights of use. The Customer alone is responsible for obtaining this content and acquiring the rights to it. The Customer declares and assumes responsibility for having the right to use the content provided to the Seller. In particular, the Customer must ensure that this does not infringe any third-party rights, especially copyrights, trademark rights and personal rights.
9.2 The Customer indemnifies the Seller against claims that third parties may assert against the Seller in connection with an infringement of their rights resulting from the Seller’s contractual use of the Customer’s content. In this regard, the Customer also bears the necessary costs of legal defence, including all court and lawyers’ fees at the statutory rates. This does not apply if the Customer is not responsible for the infringement. If a third party asserts a claim, the Customer is obliged to provide the Seller without delay, truthfully and in full, with all information required to examine the claims and prepare a defence.
9.3 The Seller reserves the right to reject processing orders if the content provided by the Customer for this purpose violates statutory or regulatory prohibitions or is contrary to public morals. This applies in particular to the provision of content that is anti-constitutional, racist, xenophobic, discriminatory, insulting, harmful to minors and/or glorifies violence.
10) Applicable Law
All legal relationships between the parties are governed by the laws of the Federal Republic of Germany, excluding the laws governing the international sale of movable goods. In the case of Consumers, this choice of law applies only to the extent that it does not deprive the Consumer of the protection afforded by mandatory provisions of the law of the country in which the Consumer has their habitual residence.
11) Place of Jurisdiction
If the Customer is a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the Seller’s registered office is the exclusive place of jurisdiction for all disputes arising from this contract. If the Customer’s registered office is outside the territory of the Federal Republic of Germany, the Seller’s registered office is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the Customer’s professional or commercial activity. In the aforementioned cases, however, the Seller is in all circumstances entitled to bring proceedings before the court at the Customer’s registered office.
12) Code of Conduct
The Seller has agreed to comply with the “Google Customer Reviews” guidelines, which are available online at https://support.google.com/merchants/answer/14629803?hl=de&ref_topic=14629086.
The Seller has agreed to comply with the Trusted Shops quality criteria, which are available online at https://business.trustedshops.de/quality-criteria-de.
13) Alternative Dispute Resolution
The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
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