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Terms of service

General Terms and Conditions with Customer Information

 

1.    Table of Contents

2.    Scope of Application

3.    Conclusion of Contract

4.    Right of Withdrawal

5.    Prices and Payment Conditions

6.    Delivery and Shipping Conditions

7.    Retention of Title

8.    Liability for Defects (Warranty)

9.    LiabilityApplicable Law

10. Place of Jurisdiction

11. Code of Conduct

12. Alternative Dispute Resolution

 

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter "GTC") of penfabrik GmbH (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller regarding the goods presented by the Seller in his online shop. The inclusion of the customer's own terms and conditions is hereby contradicted, unless otherwise agreed. 

1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity. 

1.3 An entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity

 

2) Conclusion of Contract 

2.1 The product descriptions contained in the seller's online shop do not constitute binding offers on the part of the seller, but serve to submit a binding offer by the customer. 

2.2 The customer can submit the offer via 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 regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the customer can also submit the offer to the seller by email, online contact form or by telephone. 

2.3 The seller can 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 placing the order. If several of the aforementioned alternatives apply, the contract is concluded at the time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends with the 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 shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent. 

2.4 If a payment method offered by PayPal is selected, payment processing will be carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full

 or - if the customer does not have a PayPal account - subject to the terms and conditions for payments without a PayPal account, available at 

https://www.paypal.com/de/webapps/mpp/ua/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 submitting an offer via the seller’s online order form, the contract text will be saved by the seller after the contract has been concluded and sent to the customer in text form (e.g. email, fax or letter) after the order has been sent. The seller will not make the contract text available beyond this. If the customer has set up a user account in the seller’s online shop before sending their order, the order data will be archived on the seller’s website and can be accessed free of charge by the customer via their password-protected user account by entering the relevant login data.

2.6 Before submitting a binding order via the seller’s online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the browser’s zoom function, which helps to enlarge the display on the screen. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that completes the order process. 

2.7 Different languages are available for concluding the contract. The specific language selection is displayed in the online shop. 

2.8 Order processing and contact usually take place via email and automated order processing. The customer must ensure that the email address he provides for order processing is correct so that emails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered. 

 

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 cancellation policy. 

 

4) Prices and payment terms 

 

4.1 Unless otherwise stated in the seller's product description, the prices stated are total prices that include statutory sales tax. Any additional delivery and shipping costs are stated separately in the respective product description. 

4.2 For deliveries to countries outside the European Union, additional costs may arise 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 transmission of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also arise in relation to the transfer of money 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 after conclusion of the contract, unless the parties have agreed on a later due date. 

4.5 If a payment method offered via the "PayPal" payment service is selected, payment is processed via PayPal, whereby PayPal may also use the services of third-party payment service providers for this purpose. If the seller also offers payment methods via PayPal for which he makes advance payments to the customer (e.g. purchase on account or payment by installments), he assigns his payment claim 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 will conduct a credit check using the transmitted customer data. The seller reserves the right to refuse the customer the selected payment method in the event of a negative check result. 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, the customer can only pay to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, even in the event of an assignment of claims, the seller remains responsible for general customer inquiries, e.g., regarding the goods, delivery times, shipping, returns, complaints, declarations of revocation and dispatch, or credit notes. 

4.6 If the "SOFORT" payment method is selected, payment is processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). To pay the invoice amount via "SOFORT," the customer must have an online banking account activated for participation in "SOFORT," verify their identity during the payment process, and confirm the payment order with "SOFORT." The payment transaction is then processed immediately by "SOFORT," and the customer's bank account is debited. Further information on the "SOFORT" payment method can be found online at https://www.klarna.com/sofort/.

4.7 If you select a payment method offered via the "Shopify Payments" payment service, payment processing will be carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments will be communicated to the customer in the seller's online shop. Stripe may use other payment services to process payments, for which special payment terms may apply, to which the customer may be informed separately. Further information on "Shopify Payments" is available online at https://www.shopify.com/legal/terms-payments-de. 

4.8 If you select a payment method offered via the "Stripe" payment service, payment processing will be carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Stripe will be communicated to the customer in the seller's online shop. Stripe may use other payment services to process payments, for which special payment terms may apply, which the customer may be informed of separately. Further information about Stripe can be found on the Internet at https://stripe.com/de.

4.9 If you select the purchase on account payment method, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price is to be paid without deduction to Klarna AB, Sveavägen 46, 11134 Stockholm, Sweden (www.klarna.de) within 30 days of the invoice date, unless otherwise agreed. The purchase on account payment method requires a successful credit check by Klarna AB. If the customer is permitted to pay by invoice after a credit check, the payment will be processed in cooperation with Klarna AB, to which the seller assigns its payment claim. In this case, the customer can only make payments to Klarna AB with a debt-discharging effect. Otherwise, the general terms and conditions of Klarna AB apply, which the customer can access as part of the ordering process. The seller reserves the right to offer the payment method "purchase on account" only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of the corresponding payment restriction in the payment information in the online shop.

4.10 If the payment method "PayPal invoice" is selected, the seller assigns his payment claim to PayPal. Before accepting the seller's declaration of assignment, PayPal will conduct a credit check using the transmitted customer data. The seller reserves the right to refuse the customer the payment method "PayPal invoice" if the check result is negative. If the payment method "PayPal invoice" is approved by PayPal, the customer must pay the invoice amount to PayPal within 30 days of receipt of the goods, unless PayPal specifies a different payment term. In this case, the customer can only pay PayPal with debt-discharging effect. However, even in the case of an assignment of claims, the seller remains responsible for general customer inquiries, e.g. regarding the goods, delivery times, shipping, returns, complaints, cancellation notices and shipments or credit notes. In addition, the General Terms and Conditions for the use of PayPal's purchase on account apply; these can be viewed at https://www.paypal.com/de/webapps/mpp/ua/pui-terms.

4.11 If you select the credit card payment method via Stripe, the invoice amount is due immediately upon conclusion of the contract. Payment is processed via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: "Stripe"). Stripe reserves the right to conduct a credit check and to reject this payment method if the credit check is negative.

4.12 If you select a payment method offered via the "Klarna" payment service, payment is processed via Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). Further information and Klarna's terms and conditions can be found here: https://penfabrik.com/pages/zahlungsmoglichkeiten

 

5) Delivery and shipping conditions

 

5.1 If the seller offers to ship the goods, delivery will be made within the delivery area specified by the seller to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified during the seller's order processing is decisive. Deviating from this, 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 for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to the costs of delivery if the customer effectively exercises his right of withdrawal. If the customer effectively exercises their right of withdrawal, the provisions in the seller's cancellation policy apply to return shipping costs. 

5.3 If the customer is a business owner, the risk of accidental loss or accidental deterioration of the sold goods passes to the customer as soon as the seller has delivered the item to the freight forwarder, carrier, or other person or institution designated to carry out the shipment. If the customer is a consumer, the risk of accidental loss or accidental deterioration of the sold goods generally only passes to the customer or an authorized recipient upon delivery of the goods. Notwithstanding the foregoing, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer, even in the case of consumers, as soon as the seller has delivered the item to the freight forwarder, carrier or other person or institution designated to carry out the shipment, provided that the customer has commissioned the freight forwarder, carrier or other person or institution designated to carry out the shipment and the seller has not previously named this person or institution to the customer.

5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery to the seller. This only applies if the seller is not responsible for the non-delivery and if the seller has concluded a specific hedging transaction with the supplier with the required care. The seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately. 

5.5 If the seller offers the goods for collection, the customer can collect the ordered goods from the address specified by the seller during the business hours specified by the seller. In this case, no shipping costs will be charged.

 

6) Retention of titleIf the seller makes advance payments, he retains title to the delivered goods until the purchase price owed has been paid in full.

 

7) Liability for defects (warranty)

 

Unless otherwise stated in the following provisions, the statutory liability for defects shall apply. The following applies to contracts for the delivery of goods: 

 

7.1 If the customer acts as an entrepreneur, the seller has the choice of the type of subsequent performance; for new goods, the limitation period for warranty rights is one year from delivery of the goods; for used goods, warranty rights are excluded; the limitation period does not commence anew if a replacement delivery is made within the scope of liability for defects. 

7.2 The above-regulated limitations of liability and shortening of time limits do not apply to the customer's claims for damages and reimbursement of expenses, in the event that the seller has fraudulently concealed the defect, for goods that have been used for a building in accordance with their usual use and have caused its defectiveness, for any existing 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 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory recourse claim remain unaffected. 

7.4 If the customer acts as a merchant Within the meaning of Section 1 of the German Commercial Code (HGB), the customer is subject to the commercial obligation to inspect and notify defects pursuant to Section 377 of the HGB. If the customer fails to comply with the notification obligations stipulated therein, the goods shall be deemed approved. 

7.5 If the customer acts as a consumer, he is requested to complain to the deliverer about any goods delivered with obvious transport damage and to inform the seller thereof. If the customer fails to do so, this will have no effect on his statutory or contractual claims for defects. 

 

8) Liability 

 

The seller is liable to the customer for all contractual, quasi-contractual and statutory, including tortious claims for damages and reimbursement of expenses as follows: 

8.1 The seller is liable without limitation for any legal reason in the event of intent or gross negligence, in the event of intentional or negligent injury to life, body or health, due to a guarantee promise, unless otherwise regulated in this regard, due to mandatory liability such as under the Product Liability Act. 

8.2 If the seller negligently breaches a material contractual obligation, liability is limited to the foreseeable damage typical for the contract, unless unlimited liability applies in accordance with the above paragraph. Material contractual obligations are obligations which the contract imposes on the seller according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance the customer can regularly rely. 

8.3 Otherwise, the seller's liability is excluded.

8.4 The above liability provisions also apply with regard to the seller's liability for its vicarious agents and legal representatives. 

 

9) Applicable law 

 

The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws on the international sale of movable goods. For consumers, this choice of law only applies to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country in which the consumer has his or her habitual residence. 

 

10) Place of jurisdiction 

 

If the customer acts as 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 exclusive place of jurisdiction for all disputes arising from this contract is the seller's registered office. If the customer is based outside the territory of the Federal Republic of Germany, the seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract, provided that 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 entitled in any case to bring the dispute before the court at the customer's place of business. 

 

11) Code of Conduct 

 

The seller has submitted to the guidelines for "Google Customer Reviews," which can be viewed online at https://support.google.com/merchants/answer/14629803?hl=de&ref_topic=14629086.

The seller has submitted to the Trusted Shops quality criteria, which can be viewed online at https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf.

 

12) Alternative Dispute Resolution 

 

The seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.