General Terms and Conditions
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General Terms and Conditions
between
Penja Market Gbr- hereinafter "seller" -
and
the customer named in § 2 of the contract - hereinafter "customer" -
getting closed.
§ 1 Scope
(1) For the business relationship between the seller and the customer, the following general terms and conditions apply in the version valid at the time of the order. The inclusion of the customer's own conditions is hereby contradicted, unless otherwise agreed.
(2) Consumers: The customer is a consumer insofar as the purpose of the goods and services ordered cannot be attributed predominantly to his commercial or independent professional activity.
(3) An entrepreneur in the sense of these General Terms and Conditions is any natural or legal person or a legal partnership who, when concluding a legal transaction, is exercising their independent professional or commercial activity.
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§ 2 Conclusion of contract
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(1) The product descriptions contained on the website do not represent binding offers on the part of the seller, but serve to submit a binding offer by the customer.
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(2) The customer can select products via the online shop and place them in the "shopping cart". The customer submits a binding application to purchase the goods in the shopping cart via the “order with obligation to pay” button and after entering his personal data. He will then be asked to pay. Before submitting the order, the customer can change and view the data at any time.
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(3) The contract is only concluded when the seller sends the customer a written order confirmation in text form (e-mail, SMS or WhatsApp).
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(4) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. The customer must ensure that the e-mail address given by him to process the order is correct so that the e-mails sent by the seller can be received at this address.
§ 3 Delivery and goods availability
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(1) The delivery of goods takes place to the delivery address given by the customer. When processing the order, the delivery address specified in the order processing is decisive.
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(2) If the goods cannot be delivered despite two attempts, the seller is permitted to withdraw from the contract.
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(3) If an ordered product is not available and therefore not deliverable, the seller will inform the customer of this immediately in the order confirmation.
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(4) If the transport company sends the goods back to the seller because delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment. This does not apply if the customer exercises his right of revocation by refusing to accept, if he is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the Seller had announced the performance to him a reasonable time in advance.
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(5) The following delivery restrictions apply: The provider only delivers to customers who have their habitual residence (billing address) in one of the following countries and who can provide a delivery address in the same country: Germany.
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(6) In the case of self-collection, the seller first informs the customer by email that the goods he has ordered are ready for collection. After receiving this email, the customer can collect the goods after consulting the seller. In this case, no shipping costs will be charged.
§ 4 Reservation of proprietary rights
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The delivered goods remain the property of the provider until full payment has been made.
§ 5 Liability for defects
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(1) The statutory liability for defects applies.
(2) It does not constitute a material defect if packaging is damaged without affecting the content.
§ 6 Applicable Law
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(1) The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods.
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(2) The contract language is German.
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Customer information
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§ 1 Identity of the seller
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Penja Market Gbr
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HBismarckstr. 27A
67161 Gönnheim
Deutschland
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Tel.: 0176-47 319 242
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E-Mail: kontakt@penjamarket.com
TIN: 31/174/32356
VAT: DE363570420
§ 2 Information on the formation of the contract
The conclusion of the contract takes place in accordance with the general terms and conditions of the seller (see above - Part I, Section 2).
§ 3 Essential characteristics of the goods or services
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The essential characteristics of the goods or services result from the respective product description set by the seller.
§ 4 payment terms
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(1) The stated prices of the seller are total prices and include the statutory sales tax. Any additional delivery and shipping costs incurred will be specified separately in the respective order in the "shopping cart".
(2) The customer can pay in advance, by PayPal, by cash on delivery or by invoice. The seller reserves the right to carry out a credit check if the payment method delivery on account is selected and to reject this payment method if the credit check is negative.
(3) If prepayment has been agreed, payment is due immediately after the conclusion of the contract.
(4) If you select the payment method by invoice, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 14 (fourteen) days of receipt of the invoice without deduction, unless otherwise agreed.
(5) The customer can change the payment method saved in his user account at any time.
§ 5 Informationen about the delivery
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The delivery takes place in accordance with section 3 of the general terms and conditions of the seller (see above).
§ 6 Information Storage of contract
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The contract text is saved by the seller and sent to the customer in text form (e.g. e-mail, fax or letter) after submitting his order, along with the present terms and conditions and customer information. In addition, the text of the contract is archived on the seller's website and can be accessed free of charge by the customer via his password-protected customer account by entering the corresponding login data, provided that the customer has created a customer account in the seller's online shop before sending his order.