Terms of service

General terms and conditions

General Terms and Conditions and Customer Information

I. General Terms and Conditions

§ 1 Basic provisions

(1) The following terms and conditions apply to contracts that you conclude with us as the provider (Marc Hansmann) via the website www.penfabrik.com. Unless otherwise agreed, we object to the inclusion of any terms and conditions of your own that you may use.

(2) Consumer in the sense of the following regulations is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his independent professional or commercial activity.

§ 2 Formation of the contract

(1) The subject of the contract is the sale of goods.

(2) Already with the placement of the respective product on our website, we submit a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the item description.

(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". You can call up the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time.
After calling up the "Checkout" page and entering your personal data as well as the payment and shipping conditions, the order data will finally be displayed to you as an order overview.



If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Sofortüberweisung) as a payment method, you will either be redirected to the order overview page in our online store or to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, make the appropriate selection or enter your data there. Finally, on the website of the provider of the instant payment system or after you have been redirected back to our online store, the order data will be displayed as an order overview.


Before sending the order, you have the option to check the information in the order overview again, change it (also via the "back" function of the Internet browser) or cancel the order.
By sending the order via the corresponding button ("buy" or similar designation), you declare the legally binding acceptance of the offer, whereby the contract is concluded.

(4) Your requests for the preparation of an offer are non-binding for you. We will make you a binding offer in text form (e.g. by e-mail), which you can accept within 5 days (unless a different period is specified in the respective offer).

(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract shall be carried out by e-mail, in part automatically. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.

§ 3 Individually designed goods

(1) You shall provide us with the suitable information, texts or files required for the individual design of the goods via the online ordering system or by e-mail at the latest immediately after conclusion of the contract. Our possible specifications on file formats are to be observed.


(2) You undertake not to transmit any data whose content infringes the rights of third parties (in particular copyrights, rights to a name, trademark rights) or violates existing laws. You expressly indemnify us against all claims asserted by third parties in this connection. This also applies to the costs of legal representation required in this context.


(3) We do not check the transmitted data for correctness of content and in this respect do not assume any liability for errors.

§ 4 Special agreements on payment methods offered

(1) Credit assessment
Insofar as we make advance payments, e.g. in the case of payment by invoice or direct debit, your data will be passed on to the
SCHUFA Holding AG, Komoranweg 5, 65201 Wiesbaden, 65201 Wiesbaden. We reserve the right to refuse you the payment method on account or direct debit as a result of the credit check.

(2) Payment via Klarna
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. The payment is made to Klarna in each case:

  • Invoice: the payment term is 14 days from the date of dispatch of the goods/ticket/ or, for other services, the provision of the service. The complete invoice terms for the countries in which this payment method is available can be found here: Germany, Austria.
  • Installment Purchase: With Klarna's financing service, you can pay for your purchase in fixed or flexible monthly installments under the terms specified in the checkout. The installment payment is due at the end of each month after Klarna sends you a monthly invoice. For more information on installment purchase, including terms and conditions and standard European consumer credit information for the countries where this payment method is available, please click here (only available in the countries indicated):Germany, Austria.
  • Sofortüberweisung: Available in Germany and Austria. Your account will be debited immediately after you submit your order.
  • Direct Debit: The debit will be made after the goods have been shipped. You will be notified of the time by e-mail.
  • Credit card (Visa/Mastercard): Available in Germany and Austria. The debit takes place after shipment of the goods or tickets / availability of the service or in case of a subscription according to the communicated times.

The use of the payment methods invoice and / or installment purchase and / or direct debit requires a positive credit check. In this respect, we forward your data to Klarna for the purpose of address and credit checks as part of the purchase initiation and processing of the purchase contract. Please understand that we can only offer you those payment methods that are permitted based on the results of the credit check.

Further information and Klarna's terms of use can be found here. General information about Klarna can be found here. Your personal data will be treated by Klarna in accordance with the applicable data protection regulations and as specified in Klarna's privacy policy.


You can find more information about Klarna here. You can find the Klarna app here.

§ 5 Right of retention, Retention of title

(1) You may exercise a right of retention only insofar as it concerns claims arising from the same contractual relationship.

(2) The goods remain our property until full payment of the purchase price.

(3) If you are an entrepreneur, the following shall apply in addition:

a) We retain title to the goods until all claims arising from the current business relationship have been settled in full. Prior to the transfer of ownership of the goods subject to retention of title, pledging or transfer of ownership by way of security shall not be permissible.

b) You may resell the goods in the ordinary course of business. In this case you already now assign to us all claims in the amount of the invoice amount accruing to you from the resale, we accept the assignment. You are further authorized to collect the claim. However, insofar as you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.

c) In the event of combination and mixing of the reserved goods, we shall acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.

d) We undertake to release the securities to which we are entitled at your request insofar as the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released shall be incumbent upon us.


§ 6 Warranty

(1) The statutory rights of liability for defects shall apply.

(2)In the case of used goods, claims for defects shall be excluded if the defect only becomes apparent after one year from delivery of the goods. If the defect becomes apparent within one year of delivery of the item, the claims for defects may be asserted within the statutory limitation period of two years from delivery of the item. The above restriction shall not apply:

- for culpably caused damage attributable to us arising from injury to life, limb or health and in the case of other damage caused intentionally or by gross negligence;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item
.


(3)As a consumer, you are requested to check the item immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you do not comply with this, this has no effect on your statutory warranty claims.

(4) If you are an entrepreneur, the following shall apply in deviation from the above warranty provisions:

a)Only our own specifications and the manufacturer's product description shall be deemed agreed as the quality of the item, but not other advertising, public promotions and statements by the manufacturer.

b) In the event of defects, we shall provide warranty by rectification of the defect or subsequent delivery, at our discretion. If the rectification of the defect fails, you may demand a reduction in price or withdraw from the contract, at your discretion. The rectification of defects shall be deemed to have failed after a second unsuccessful attempt, unless the nature of the item or the defect or other circumstances indicate otherwise. In the event of rectification of defects, we shall not be obliged to bear the increased costs arising from the transfer of the goods to a place other than the place of performance, provided that the transfer does not correspond to the intended use of the goods.

c)The warranty period is one year from delivery of the goods. The shortening of the period shall not apply


- for culpable damage attributable to us arising from injury to life, limb or health and for other damage caused intentionally or by gross negligence;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
- in the case of items which have been used in accordance with their customary use for a building and have caused its defectiveness;
- in the case of statutory rights of recourse which you have against us in connection with rights arising from defects.

§ 7 Choice of Law

(1) German law shall apply. In the case of consumers, this choice of law shall only apply to the extent that the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not thereby withdrawn (favorability principle).

(2) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.


§ 8 Gift Vouchers

Gift vouchers can only be redeemed in the online store www.penfabrik.com.

Gift vouchers and any remaining credit are redeemable and valid until the end of the third year after the year of purchase of the voucher. The statutory period of limitation in and for Germany applies. This validity period or regulation also applies to customers with residence and/or delivery in/to foreign countries.

Gift vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

Several gift vouchers can be combined per order.

Gift voucher credit is neither paid out in cash nor does it earn interest.

Vouchers can only be used for the purchase of goods and not for the purchase of additional vouchers.

Vouchers are transferable. The seller may make payment to the respective holder with discharging effect. This does not apply if the seller has knowledge or grossly negligent ignorance of the ineligibility, legal incapacity or lack of representative authority of the respective holder.





II. customer information

1. identity of the seller

Marc Hansmann
Neunerweg 7
88353 Kißlegg
Germany
Phone: 4975635195288
E-mail:

info@penfabrik.com
Alternative Dispute Resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at https://ec.europa.eu/odr.

2. information on the

conclusion of the contract The technical steps for the conclusion of the contract, the conclusion of the contract itself and the possibilities of correction are carried out in accordance with the regulations "Conclusion of the Contract" of our General Terms and Conditions (Part I.)

.



3. contract language, storage of contract text
3
.1 Contract language is German.

3.2 The complete text of the contract shall not be stored by us. Before sending the order via the online shopping cart system, the contract data can be printed out or electronically saved using the browser's print function. After receipt of the order by us, the order data, the legally required information for distance contracts and the General Terms and Conditions will be sent to you again by e-mail.

3.3 In the case of offer requests outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form sent, for example, by e-mail, which you can print out or save electronically.

4. codes of conduct

4.1 We have submitted to the code of honor of Trusted Shops GmbH, viewable at: http://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf.

5. essential characteristics of the goods or services

The essential characteristics of the goods and/or services can be found in the respective offer.

6

.1 The prices listed in the respective offers as well as the shipping costs represent total prices

.

They include all price components including all applicable taxes.

6.2 The shipping costs incurred are not included in the purchase price. They can be called up via a correspondingly designated button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne by you additionally, unless free shipping has been promised.

6.3 If the delivery is made to countries outside the European Union, additional costs may be incurred for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of credit institutions), which shall be borne by you.
6
.6.4 Any costs incurred for the transfer of money (transfer or exchange rate fees of the credit institutions) shall be borne by you in cases where the delivery is made to an EU member state but the payment was initiated outside the European Union.

6.5 The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.

6.6 Unless otherwise stated in the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.

7. delivery conditions

.1 The delivery conditions, the delivery date and, if applicable, existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer

.



7.2 Insofar as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or any other person designated to carry out the shipment.

If you are an entrepreneur, the delivery and shipment shall be at your risk.

8. legal liability for defects Liability

for defects is governed by the provision "Warranty" in our General Terms and Conditions (Part I)

.



These General Terms and Conditions and customer information have been prepared by the lawyers of the Händlerbund who specialize in IT law and are permanently checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. You can find more information on this at:https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.