Terms of service

📘 1) Scope of Application

1.1 These General Terms and Conditions (hereinafter referred to as “T&C”) of Amirhossein Tashayoee, operating under the name “Pengubin” (hereinafter referred to as the “Seller”), apply to all contracts for the delivery of goods that a consumer or business customer (hereinafter referred to as the “Customer”) concludes with the Seller via the Seller’s online store. Any terms and conditions of the Customer that differ from these shall not apply, unless expressly agreed otherwise.

1.2 A consumer, within the meaning of these T&C, is any natural person who enters into a legal transaction for purposes that are predominantly outside their commercial or independent professional activity.

1.3 A business customer, within the meaning of these T&C, is a natural or legal person or a legal partnership that acts in the exercise of their commercial or independent professional activity when entering into a legal transaction.

📘 2) Conclusion of Contract

2.1 The product descriptions contained in the seller’s online shop do not constitute binding offers from the seller, but rather serve as an invitation for the customer to submit a binding offer.

2.2 The customer can submit the offer via the online order form integrated into the seller’s online shop. In doing so, after placing the selected products into the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contractual offer with respect to the goods contained in the shopping cart by clicking the button that concludes the ordering process.

2.3 The seller may accept the customer's offer within five days by:

  • sending the customer a written order confirmation or an order confirmation in text form (e.g., fax or email), where receipt of the confirmation by the customer is decisive, or

  • delivering the ordered goods to the customer, where receipt of the goods by the customer is decisive, or

  • requesting payment from the customer after the order has been placed.

If several of the above alternatives exist, the contract shall be deemed concluded at the time one of the above alternatives occurs first. The acceptance period begins on the day after the customer sends the offer and ends at the close of the fifth day following the sending of the offer. If the seller does not accept the offer within this period, it shall be deemed a rejection of the offer, and the customer shall no longer be bound by their declaration of intent.

2.4 When submitting an offer via the seller’s online order form, the text of the contract will be stored by the seller after the contract is concluded and sent to the customer in text form (e.g., email, fax, or letter) after the order has been placed. Any further access to the contract text by the seller is not provided. If the customer has created a user account in the seller’s online shop before placing the order, the order data will be archived on the seller’s website and can be accessed free of charge by the customer via their password-protected user account using the appropriate login credentials.

2.5 Before submitting a binding order via the seller’s online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. A useful technical tool for better detecting input errors can be the browser’s zoom function, which enlarges the display on the screen. During the electronic ordering process, the customer can correct their entries using the usual keyboard and mouse functions until they click the button that concludes the ordering process.

2.6 Different languages may be available for the conclusion of the contract. The specific language selection is displayed in the online shop.

2.7 Order processing and communication usually take place via email and automated order handling. The customer must ensure that the email address provided for order processing is correct so that emails sent by the seller can be received. In particular, when using spam filters, the customer must ensure that all emails sent by the seller or third parties commissioned by the seller for order processing can be delivered.

📘 3) Right of Withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Detailed information about the right of withdrawal can be found in the Seller’s cancellation policy.

📘 4) Prices and Payment Conditions

4.1 Unless otherwise stated in the Seller’s product descriptions, the prices indicated are total prices and include the statutory value-added tax (VAT). Any additional delivery and shipping costs, if applicable, will be clearly indicated in the respective product description.

4.2 In the case of deliveries to countries outside the European Union, additional costs may be incurred in individual cases, which are not the responsibility of the Seller and must be borne by the Customer. These include, for example, costs for money transfers by financial institutions (e.g., transfer fees, exchange rate fees) or import duties and taxes (e.g., customs duties). Such costs may also arise in relation to money transfers if the delivery does not take place outside the European Union but the Customer makes the payment from a non-EU country.

4.3 The available payment methods are communicated to the Customer in the Seller’s online store.

4.4 If the Customer selects a payment method offered through the “Shopify Payments” service, the payment will be processed by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as “Stripe”). The specific payment methods available through Shopify Payments will be displayed to the Customer in the Seller’s online store. Stripe may use additional payment service providers for processing, which may be subject to specific payment terms that will be communicated separately to the Customer if applicable. More information about Shopify Payments can be found at https://www.shopify.com/legal/terms-payments-de.

📘 5) Delivery and Shipping Conditions

5.1 If the Seller offers shipping of the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. The delivery address specified in the Seller’s order processing is decisive for the transaction.

5.2 If delivery fails due to reasons attributable to the Customer, the Customer shall bear the reasonable costs incurred by the Seller as a result. This shall not apply to the shipping costs if the Customer effectively exercises their right of withdrawal. In the event of a valid withdrawal, the return shipping costs are governed by the provisions in the Seller’s cancellation policy.

5.3 If the Customer is acting as a business, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has handed the goods over to the carrier, freight forwarder, or another person or institution designated to carry out the shipment. If the Customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally does not pass until the goods are handed over to the Customer or an authorized recipient. However, the risk shall already pass to the Customer once the Seller has handed over the goods to the carrier, freight forwarder, or another person or institution designated to carry out the shipment, if the Customer has commissioned such a party and the Seller has not previously named this party to the Customer.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This applies only if the non-delivery is not the fault of the Seller and the Seller has concluded a specific hedging transaction with the supplier with due diligence. The Seller shall make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the Customer will be informed immediately, and any consideration will be refunded without delay.

5.5 Self-collection of the goods is not possible for logistical reasons.

📘 6) Retention of Title

If the Seller makes an advance delivery, the Seller retains ownership of the delivered goods until the full purchase price owed has been paid.

📘 7) Liability for Defects (Warranty)

Unless otherwise stated in the following provisions, the statutory provisions on liability for defects shall apply. The following deviations apply to contracts for the delivery of goods:

7.1 If the Customer acts as a business:

  • the Seller has the right to choose the type of supplementary performance;

  • the limitation period for defect claims for new goods is one year from the date of delivery;

  • defect claims for used goods are excluded;

  • the limitation period does not start anew if a replacement delivery is made under the warranty.

7.2 The above-mentioned limitations of liability and shortening of limitation periods do not apply:

  • to claims for damages and reimbursement of expenses by the Customer,

  • in cases where the Seller has fraudulently concealed the defect,

  • to goods that have been used for a building in accordance with their usual use and have caused its defectiveness,

  • to any existing obligation of the Seller to provide updates for digital products in contracts for the delivery of goods with digital elements.

7.3 Furthermore, for businesses, the statutory limitation periods for any existing statutory recourse claims remain unaffected.

7.4 If the Customer is a merchant within the meaning of § 1 of the German Commercial Code (HGB), they are subject to the commercial duty to examine and give notice of defects in accordance with § 377 HGB. If the Customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.

7.5 If the Customer is a consumer, they are requested to report any obvious transport damage to the carrier and inform the Seller. Failure to do so has no effect on the Customer’s statutory or contractual warranty claims.

📘 8) Liability

The Seller shall be liable to the Customer for all contractual, quasi-contractual, and statutory claims, including tort claims, for damages and reimbursement of expenses as follows:

8.1 The Seller shall be liable without limitation for any legal reason:

  • in cases of intent or gross negligence,

  • in cases of intentional or negligent injury to life, body, or health,

  • on the basis of a guarantee promise, unless otherwise specified,

  • on the basis of mandatory liability, such as under the Product Liability Act.

8.2 If the Seller negligently breaches an essential contractual obligation, the liability shall be limited to the foreseeable, typical damage unless unlimited liability is assumed under the above clause.
Essential contractual obligations are obligations that the contract imposes on the Seller according to its content in order to achieve the contractual purpose, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the Customer may regularly rely.

8.3 Otherwise, liability on the part of the Seller is excluded.

8.4 The above liability provisions also apply to the Seller’s liability for its agents and legal representatives.

📘 9) Applicable Law

For all legal relationships between the parties, the law of the Federal Republic of Germany shall apply, excluding the laws governing the international sale of movable goods.
In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.

📘 10) Alternative Dispute Resolution

The Seller is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

© IT-Recht Kanzlei