1. Scope of Application
These Terms and Conditions (“T&C”) apply to all contracts concluded between Penkam GbmH Germany (“Seller”, “we”) and customers (“Customer”, “you”) via the online shop penkam.com.
Customers within the meaning of these T&C are consumers (§ 13 German Civil Code – BGB) and entrepreneurs (§ 14 BGB).
2. Conclusion of Contract
2.1 The presentation of products in the online shop does not constitute a legally binding offer but an invitation to place an order.
2.2 By clicking the “Buy now” or comparable button, the Customer submits a binding offer to purchase the goods in the shopping cart.
2.3 The contract is concluded when we accept the order by:
- sending an order confirmation by email, or
- shipping the goods.
2.4 The contract language is English. The contract text is stored by us but is not accessible to the Customer after completion of the order.
3. Prices and Shipping Costs
3.1 All prices are stated in euros (EUR) and include statutory VAT, unless expressly stated otherwise.
3.2 Shipping costs are shown separately during the ordering process and depend on the delivery destination and shipping method.
4. Payment
4.1 The following payment methods are available: [e.g. credit card, PayPal, Klarna, bank transfer].
4.2 Payment is due immediately upon conclusion of the contract unless otherwise agreed.
4.3 If payment by invoice is offered, payment must be made within [number] days of receipt of the invoice.
5. Delivery
5.1 Delivery is made to the delivery address specified by the Customer.
5.2 Delivery times are stated on the product pages. If no delivery time is specified, delivery will take place within 3–5 working days within Germany.
5.3 If we are unable to deliver the ordered goods through no fault of our own, we may withdraw from the contract. In this case, we will immediately refund any payments already made.
6. Right of Withdrawal (Consumers Only)
Withdrawal Policy
Consumers have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you or a third party indicated by you acquires physical possession of the goods.
To exercise the right of withdrawal, you must inform us ([Company Name, Address, Email]) of your decision to withdraw by an unequivocal statement (e.g. a letter sent by post or email).
You may use the attached model withdrawal form, but it is not obligatory.
Effects of Withdrawal
If you withdraw from this contract, we shall reimburse you all payments received from you, including delivery costs (except for supplementary costs resulting from a type of delivery other than the least expensive standard delivery offered by us), without undue delay and no later than 14 days from the day on which we are informed of your decision.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods.
You shall send back the goods without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal.
You bear the direct costs of returning the goods.
7. Exclusion of the Right of Withdrawal
The right of withdrawal does not apply to contracts for:
- goods made to the Customer’s specifications or clearly personalized;
- sealed goods which are not suitable for return due to health protection or hygiene reasons if their seal has been removed;
- digital content not supplied on a tangible medium if performance has begun with the Customer’s express consent.
8. Retention of Title
The goods remain our property until full payment has been made.
9. Warranty and Liability
9.1 Statutory warranty rights apply.
9.2 We are liable without limitation for intent and gross negligence, as well as for injury to life, body, or health.
9.3 In cases of slight negligence, we are only liable for breach of essential contractual obligations (cardinal obligations), limited to foreseeable, typical damages.
9.4 Liability under the Product Liability Act remains unaffected.
10. Digital Content and Subscriptions (If Applicable)
If the contract concerns digital content or digital services, the statutory provisions of §§ 327 et seq. BGB apply.
11. Dispute Resolution
The European Commission provides a platform for online dispute resolution (ODR):
https://ec.europa.eu/consumers/odr
We are not obliged and not willing to participate in dispute resolution proceedings before a consumer arbitration board.
12. Applicable Law
German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, this choice of law applies only insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of their country of residence.
13. Place of Jurisdiction
If the Customer is a merchant, legal entity under public law, or special fund under public law, the place of jurisdiction shall be our registered office.
14. Final Provisions
Should individual provisions of these T&C be or become invalid, the remaining provisions shall remain unaffected.
Model Withdrawal Form
(Complete and return this form only if you wish to withdraw from the contract)
To: Penkam info@penkam.com
I/we hereby give notice that I/we withdraw from my/our contract for the sale of the following goods:
Ordered on / received on:
Name of consumer(s):
Address of consumer(s):
Signature (only if submitted on paper):
Date: