GTC

General terms and conditions

Table of Contents

  1. Scope of Application
  2. Conclusion of the Contract
  3. Right of Withdrawal
  4. Prices and Payment Terms
  5. Delivery and Shipping Conditions
  6. Retention of Title
  7. Warranty (Defects Liability)
  8. Special Conditions for Processing Goods According to Customer Specifications
  9. Redemption of Promotional Vouchers
  10. Redemption of Gift Vouchers
  11. Applicable Law
  12. Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter "GTC") of Paul Kunath, Nino Scholl, acting under "PN Ecom" (hereinafter "Seller"), apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter "Customer") and the Seller with respect to goods displayed in the Seller's online shop. The inclusion of the Customer's own conditions is hereby rejected unless otherwise agreed.

1.2 These GTC also apply to contracts for the delivery of vouchers, unless otherwise stipulated.

1.3 A "consumer" within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that are predominantly outside their commercial or independent professional activity.

1.4 An "entrepreneur" within the meaning of these GTC is a natural or legal person, or a partnership with legal capacity, who acts in the exercise of their commercial or independent professional activity when concluding a legal transaction.

2) Conclusion of the Contract

2.1 The product descriptions in the Seller’s online shop do not constitute binding offers from the Seller but serve as an invitation to the Customer to submit a binding offer.

2.2 The Customer can submit the offer via the integrated online order form in the Seller’s online shop. After adding the selected goods to the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding offer regarding the items in the cart by clicking the button that finalizes the order.

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), with the order confirmation’s receipt by the Customer being decisive, or
  • By delivering the ordered goods to the Customer, with the delivery’s receipt by the Customer being decisive, or
  • By requesting payment from the Customer after the order has been placed.
    If multiple of the aforementioned alternatives occur, the contract is concluded at the moment the first alternative takes effect. The acceptance period starts the day after the Customer submits the offer and ends on the fifth day following the offer's submission. If the Seller does not accept the Customer's offer within this period, it is deemed rejected, and the Customer is no longer bound by their declaration of intent.

2.4 If the Customer selects a payment method offered by PayPal, the payment processing is handled by PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, in accordance with PayPal's terms and conditions, which can be found at PayPal User Agreement or the conditions for payments without a PayPal account at PayPal Privacy Wax. By selecting a payment method offered by PayPal, the Seller immediately accepts the Customer's offer when the Customer clicks the button to finalize the order.

2.5 If the Customer selects “Amazon Payments,” payment processing is handled by Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg, under Amazon’s Payment Terms, which can be found at Amazon Payments Europe User Agreement. By selecting this payment option, the Customer authorizes the payment to Amazon by clicking the order completion button.

2.6 After the contract is concluded, the Seller stores the contract text, which is sent to the Customer in text form (e.g., via email, fax, or letter). The Seller does not provide any further access to the contract text.

2.7 Before finalizing the order, the Customer can detect any input errors by carefully reading the on-screen information. A useful tool for better detecting input errors could be the browser's zoom function. The Customer can correct their entries as long as they have not clicked the button to finalize the order.

2.8 The German language is available for the contract conclusion.

2.9 The order processing and contact usually take place via email and automated order processing. The Customer must ensure that the email address provided for order processing is correct so that the emails sent by the Seller can be received. In particular, the Customer must ensure that all emails sent by the Seller or a third party engaged by the Seller for order processing can be delivered, especially when using spam filters.

3) Right of Withdrawal

3.1 Consumers generally have the right to withdraw from the contract.

3.2 Detailed information about the right of withdrawal can be found in the Seller's withdrawal instruction.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the product description, the prices listed are total prices, which include the statutory value-added tax. Any additional delivery and shipping costs will be separately stated in the product description.

4.2 For deliveries to countries outside the European Union, additional costs may apply, which are not borne by the Seller and must be borne by the Customer. This includes, for example, costs for money transfers by credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs may also apply even if the delivery is not made to a country outside the European Union, but the payment is made from such a country.

4.3 The available payment methods will be communicated to the Customer in the Seller’s online shop.

4.4 If prepayment by bank transfer is agreed, the payment is due immediately after the contract is concluded unless a later due date has been agreed.

4.5 If a payment method offered via PayPal is selected, payment processing is handled by PayPal, who may also use third-party payment service providers. If the Seller offers payment methods through PayPal that involve the Seller providing advance payment (e.g., purchase on invoice or installment payment), the Seller assigns the payment claim to PayPal or to the third-party payment service provider nominated by PayPal. Before accepting the assignment, PayPal or the payment service provider will perform a credit check using the Customer’s data. The Seller reserves the right to deny the selected payment method if the credit check results negatively. If the payment method is approved, the Customer must pay the invoice amount within the agreed payment period.

4.6 If the "SOFORT" payment method is selected, payment processing is handled by SOFORT GmbH, Theresienhöhe 12, 80339 Munich, under their terms, available at SOFORT Payment Information. The payment transaction will be carried out immediately and the Customer’s bank account will be debited.

4.7 If the "Shopify Payments" method is selected, payment processing is done via Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland, under Stripe's Payment Terms.

4.8 For credit card payments via Stripe, payment is due immediately upon contract conclusion, and Stripe may perform a credit check.

5) Delivery and Shipping Conditions

5.1 If the Seller offers shipping, the delivery will be made to the address provided by the Customer, unless otherwise agreed. The delivery address provided during the order processing is decisive.

5.2 If delivery fails due to reasons attributable to the Customer, the Customer bears the reasonable costs incurred by the Seller.

5.3 The risk of accidental loss or deterioration of the goods passes to the Customer upon delivery, except in cases where the Customer is a business.

5.4 The Seller reserves the right to withdraw from the contract in case of incorrect or inadequate self-supply.

5.5 Self-pickup is not possible due to logistical reasons.

5.6 Vouchers will be provided to the Customer via email.

6) Retention of Title

If the Seller delivers goods in advance, they retain ownership of the delivered goods until full payment of the purchase price is received.

7) Warranty (Defects Liability)

7.1 If the Customer is an entrepreneur, the Seller has the choice of how to fulfill the warranty.

7.2 For consumers, the warranty period for used goods is limited to one year from delivery, unless otherwise agreed.

7.3 These liability limitations do not apply to claims for damages or if the Seller fraudulently concealed a defect.

7.4 For merchants, the commercial inspection and notification obligations according to § 377 HGB apply.

7.5 Consumers are advised to report any transport damages to the carrier and notify the Seller accordingly.

8) Special Conditions for Processing Goods According to Customer Specifications

8.1 The Customer is responsible for providing the necessary content for processing and granting usage rights.

8.2 The Customer indemnifies the Seller from third-party claims related to rights violations.

8.3 The Seller may refuse processing orders if the provided content violates legal or ethical standards.

9) Redemption of Promotional Vouchers

9.1 Promotional vouchers can only be used within the specified period in the Seller’s online shop.

9.2 Certain products may be excluded from voucher actions.

9.3 Promotional vouchers must be redeemed before completing the order.

10) Redemption of Gift Vouchers

10.1 Gift vouchers can be redeemed only in the Seller’s online shop unless otherwise specified.

10.2 Gift vouchers and their remaining balance are

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10.3 Gift vouchers can only be redeemed before completing the order process. Retroactive redemption is not possible.

10.4 Only one gift voucher can be redeemed per order.

10.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of other gift vouchers.

10.6 If the value of the gift voucher is insufficient to cover the order, one of the other payment methods offered by the seller can be selected to cover the difference.

10.7 The balance of a gift voucher will neither be paid out in cash nor be subject to interest.

10.8 The gift voucher is transferable. The seller can make valid payments to the current holder who redeems the gift voucher in the seller's online shop. This does not apply if the seller is aware or grossly negligent in not knowing that the holder is unauthorized, legally incompetent, or lacks authorization to represent the holder.

11) Applicable Law

For all legal relationships between the parties, the law of the Federal Republic of Germany shall apply, excluding the laws on the international sale of movable goods. In the case of consumers, this choice of law applies only insofar as it does not deprive the consumer of the protection granted by mandatory provisions of the law of the country in which the consumer has their habitual residence.

12) Alternative Dispute Resolution

12.1 The European Commission provides an online platform for online dispute resolution at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a point of contact for out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.

12.2 The seller is neither obligated nor willing to participate in a dispute resolution process before a consumer arbitration board.

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