General Terms and Conditions
Status: 12/2022
General terms and conditions and consumer information within the scope of purchase contracts concluded via the online shop between
PENG Beverages GmbH, hereinafter referred to as "seller",
and the customer, hereinafter referred to as "customer",
are concluded.
§ 1 Scope and general information
(1) Subject to individual agreements and arrangements, which take agreements, which take precedence over these GTC, the business relationship between the between the seller and the customer shall be governed exclusively by the following General Terms and Conditions. Unless otherwise agreed, the inclusion of the customer's own terms and conditions is objected to.
(2) The customer is a consumer insofar as he concludes the contract for purposes which can predominantly be attributed neither to his commercial nor to his independent professional activity. In contrast, 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 commercial or self-employed professional activity.
§ 2 Conclusion of contract
(1) The contract is concluded with:
PENG Beverages GmbH
Karl-Marx-Strasse 183
D-12043 Berlin
(2) The essential characteristics of the goods are set out in the respective product description posted by the Seller.
(3) All offers in the online shop of the seller represent only a non-binding invitation to the buyer. merely a non-binding invitation to the customer to submit a corresponding purchase offer to the seller. As soon as the Seller has received the Customer's order, the Customer will first be sent a confirmation of the order with the Seller, usually by e-mail (order confirmation). The order confirmation does not yet constitute acceptance of the order. After receipt of the customer's order, the seller will check it at short notice and inform the customer within 2 working days whether it accepts the order (order confirmation). The ordering process in the Seller's online shop works as follows: Order, Order Confirmation, Order Confirmation, Dispatch Confirmation, Invoice.
(4) The Customer can select products from the Seller's range and collect them in a so-called shopping cart by pressing the button "Add to cart". By pressing the button "Checkout", the customer receives an overview of the selected products. By pressing the button "Buy now", he makes a binding request to purchase the goods in the shopping cart. Before submitting the order, the customer can change the data at any time by using the browser functions shown as arrow keys the browser functions "Back" and "Next" to change the order and the data change and view the entered order and the entered data. The application can only be submitted and transmitted if the customer has accepted these contractual terms and conditions by clicking on the button "Accept GTC" and has thereby included them in his application. The seller then sends the customer an automatic confirmation of receipt by e-mail, in which the customer's order is listed again and which the customer can print out using the "Print" function. The automatic acknowledgement of receipt merely documents that the Seller has received the Customer's order and does not constitute acceptance of the application. The contract is not concluded until the Seller issues the declaration of acceptance, which is sent by a separate e-mail.
§ 3 Subject matter of the contract, quality, delivery, availability of goods
(1) The subject matter of the contract is the goods and services specified by the customer in the order and / or order confirmation at the final prices stated in the online shop. Errors and mistakes there are reserved, in particular with regard to the availability of goods.
(2) The quality of the ordered goods results from the product descriptions in the online shop. Images on the website may only represent the products inaccurately; colours in particular may differ considerably for technical reasons. Pictures serve only as illustrative material and may deviate from the product. Technical data, weights, dimensions and performance specifications are given as precisely as possible, but may show the usual deviations. The aforementioned deviations do not justify any claims for material defects.
(3) If no copies of the product selected by the customer are available at the time of the customer's order, the seller shall inform the customer of this in the order confirmation. If the product is permanently unavailable, the Seller shall refrain from issuing a declaration of acceptance. In this case, a contract is not concluded.
(4) If the product designated by the customer in the order is only temporarily unavailable, the seller shall also inform the customer of this immediately in the order confirmation. In the event of a delay in delivery of more than two weeks, the customer has the right to withdraw from the contract. In this case, the seller shall also be entitled to withdraw from the contract. In this case, he will immediately refund any payments already made by the customer.
§ 4 Delivery, Prices, Shipping Costs
(1) Delivery to the shipping company shall take place no later than two days after receipt of the money, in the case of payment by cash on delivery no later than two days after the order confirmation.
confirmation of the order. The delivery time is up to five days. The Seller shall indicate any deviating delivery times on the respective product page.
(2) Delivery only takes place within the EU.
(3) All item prices include the statutory value added tax. The stated prices are retail prices plus shipping costs. The customer receives an invoice with VAT shown.
§ 5 Payment
Payment shall be made in advance (PayPal, credit card payment, bank transfer, etc.).
§ 6 Damage in transit
(1) If goods are delivered with obvious transport damage, the customer is requested to complain about these defects immediately to the delivery company and to contact the seller as soon as possible.
(2) Failure to make a complaint or to contact the seller has no consequences for the customer's statutory warranty rights, but it does help the seller to be able to assert his own claims against the carrier or the transport insurance.
§ 7 Warranty for material defects
(1) The Seller shall be liable for material defects in accordance with the statutory provisions applicable in this respect. In particular §§ 434 ff. BGB SHALL APPLY.
(2) A warranty shall only exist for the goods delivered by the Seller if this was expressly stated in the order confirmation for the respective item.
(3) Complaints and claims for liability for defects may be submitted in writing to the address or e-mail address stated in the Seller's identification.
§ 8 Retention of title
The goods delivered shall remain the property of the Seller until payment has been made in full.
§ 9 Liability
The statutory provisions shall apply.
§ 10 Contract text
The text of the contract is stored on the Seller's internal systems. The customer can view the General Terms and Conditions at any time on the Seller's website. The order data shall be sent to the customer by e-mail. After completion of the order, the order data are no longer accessible via the Internet for security reasons.
§ 11 Final provisions
(1) The contractual language is German.
(2) The law of the Federal Republic of Germany shall apply to contracts between the seller and the customers, excluding the laws on the international purchase of movable goods. This choice of law shall apply to consumers only insofar as the protection granted to the customer by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn.
(3) Insofar as the customer is a merchant, a legal person under public
of public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the seller shall be the seller's registered office. This shall also apply if the customer does not have a general place of jurisdiction in Germany or the EU, or if his place of residence or habitual abode is unknown at the time the action is brought.
End of the General Terms and Conditions (GTC).
Cancellation policy
Right of withdrawal for consumers (any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed).
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.
In order to exercise your right of withdrawal, you must inform us by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You may use the enclosed model cancellation form for this purpose, which is, however, not mandatory. If you make use of this option, we will immediately send you a confirmation of receipt of such revocation.
In order to comply with the revocation period, it is sufficient for you to send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of cancellation
If you withdraw from this contract, we must refund all payments we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we receive notification of your withdrawal from this contract.
of your revocation of this contract has been received by us. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us without delay and in any case no later than fourteen days from the day on which you notified us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
You shall bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to your handling the goods in a way that is not necessary for checking the condition, properties and functioning of the goods.
Exclusion of the right of withdrawal in the case of:
- Contracts for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;
- contracts for the supply of goods which are liable to deteriorate rapidly or whose expiry date would be rapidly exceeded;
- contracts for the supply of alcoholic beverages the price of which was agreed at the time of the conclusion of the contract but which cannot be supplied until at least 30 days after the conclusion of the contract and the current value of which depends on fluctuations in the market over which the trader has no control;
- contracts for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts.
Premature expiry of the right of withdrawal in the case of:
- Contracts for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery;
- Contracts for the delivery of goods if these have been inseparably mixed with other goods after delivery due to their nature;
- contracts for the supply of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery;
- contracts for the purchase of digital content stored on a tangible medium, provided that the customer has expressly consented to the trader commencing performance of the contract before the expiry of the withdrawal period and the customer has confirmed his knowledge that by consenting to the commencement of performance of the contract he forfeits his right of withdrawal.
of the contract, he loses his right of withdrawal.
End of the cancellation policy.
Cancellation form
(If you wish to withdraw from the contract, please complete and return this form).
Recipient:
PENG Beverages GmbH
Karl-Marx-Strasse 183
12043 Berlin
Germany
Email address: hallo@peng-drink.de
I/We* hereby revoke the contract concluded by me/us* for the following the purchase of the following goods/the provision of the following services*[1]:
Total price of goods:
Ordered on*:
Received on*:
Name, address of consumer(s):
Signature of consumer(s)**:
Date:
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*(please delete where inapplicable)
** (only if the communication is on paper)
[1] Here the consumer must specify the goods or services for which the withdrawal is to be made.
End of the withdrawal form.