General terms and conditions of business for private costumers

General terms and conditions of business for private costumers

of

PUNCHI PUNCHI

Köster & Labuhn GbR
Mariannenstr. 31
D - 10999 Berlin
E-Mail: punchi@punchi.de

- represented by Kim Köster & Cord Henning Labuhn -

The address and the representatives are also available at the contact section.

1. Preamble

1.1 The following General terms and conditions of business are applicable to all contracts, deliveries and other services in the version valid at the date of order. The contracts with the client are concluded on the basis of these general terms and conditions of business, whose content the client had taken note of and which he explicitly agrees with.

1.2 Dissenting terms and conditions of the contracting partner are not approved, except in the case of a written approval by PUNCHI PUNCHI GbR.

1.3 PUNCHI PUNCHI GbR reserves the right to change or amend these general terms and conditions of business. Orders received prior to the change are handled according to the general terms and conditions of business, which had been valid at the date of the order.

2. Conclusion of the purchase contract

2.1 The sale of goods takes place only to a volume usual for private use. Orders with a bigger volume require a special request to PUNCHI PUNCHI GbR. The presentation of the goods at the web pages of PUNCHI PUNCHI GbR is an invitatio ad offerendum, not an offer.

2.2 The purchase contract between the client and PUNCHI PUNCHI GbR is concluded in the following way: The client makes with his order by e-mail, by clicking the button [Place Order] or other form an offer to PUNCHI PUNCHI GbR for the purchase of the goods. The receipt of the order is immediately confirmed by e-mail. This is not the acceptance of the offer to conclude a purchase contract by the client. PUNCHI PUNCHI GbR reserves the right to accept the offer of the client within two weeks through confirmation by e-mail or through delivery of the goods with the terms valid at the date of the order. If the offer is not accepted within two weeks it is no longer binding for the client.

2.3 The order can only take place successfully if the client has given his approval to these general terms and conditions of business and has taken note of the information concerning the revocation.

3. Delivery

3.1 The shipping of the goods takes place within five days. The shipping of the goods which are subject of this contract and of other products takes place within Austria, Belgium, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxemburg, Netherlands, Poland, Portugal, Sweden, Switzerland, Slovakia, Spain and United Kingdom. The mailing expenses depend upon the purchase price. We reserve the right to perform a partial delivery, if this seems to be reasonable for a quick execution. If not agreed otherwise the delivery takes place from the stock of PUNCHI PUNCHI GbR to the delivery address given by the orderer.

3.2 Shipping costs

The prices at the product sites include the value added tax and other price components. In addition to the indicated prices we bring into account shipping costs for the delivery, which are depending from the purchase price. The delivery costs are explained to you on the product pages, at the shopping cart system and at the order site.

Specification of costs

Statement of shipping costs

Pieces

1-2 pcs

3-4 pcs

5-9 pcs

Germany

2,70 €

5,45 €

5,45 €

EU

4,45 €

7,05 €

15,05 €

Europe / Non-EU
When delivering in these
countries, no duties

3.3 A supply bottleneck by the supplying company can take place with highly desired products. These products are in any case shipped according to the succession of the receipt of orders. If your desired product is affected by this, we will inform you by telephone or e-mail as fast as possible and ask for your acceptance of a possible delivery delay.

4. Due date, payment and default

PUNCHI PUNCHI GbR only accepts the payment methods indicated to the client during the order procedure. All prices include the value added tax of 19 % at the moment (exception: Switzerland including 0% tax). If the client falls into default with payment, PUNCHI PUNCHI GbR is entitled to claim default interest to an amount of 5 % over the base rate of the European central bank. PUNCHI PUNCHI GbR reserves the right to claim a higher damage caused by delay, if such a damage arises and is detectable.

5. Revocation Policy

This "Revocation Policy" text is the translation of the original text "Widerrufsbelehrung" which is written in German. In case of a conflict the German version of this text takes priority over this translation.

Revocation Policy

Right of Revocation

You may revoke your contractual acceptance in written form (e.g. letter, facsimile or email) within a period of 14 days without providing any reasons or - if the goods in question were handed over to you before the deadline has expired - by sending back the goods. The time limit will start to run upon receipt of this instruction in written form, but not until the goods have been delivered to the recipient (in the event of recurring delivery of identical goods not before the receipt of the first partial delivery) and also not until our *duty to inform has been fulfilled pursuant to article 246 section 2 in conjunction with section 1 (1) and (2) of the introductory Law of the German Civil Code (Art. 246 § 2 i.V.m. § 1 Abs. 1 und 2 EGBGB) as well as our duties pursuant to section 312e (1) first sentence German Civil Code (§ 312e Abs. 1 Satz 1 BGB) in conjunction with article 246 (3) introductory Law of the German Civil Code. In order to comply with the period of revocation the timely dispatch of the revocation notice or the goods will suffice. The revocation shall be addressed to:

PUNCHI PUNCHI
Kim Köster & Cord Henning Labuhn GbR
Mariannenstr. 31
D - 10999 Berlin

Consequences of Revocation

In the event of an effective withdrawal, it must be ensured that the services received by both parties are returned along with any benefits gained as a result (e.g. interest). If you are not able to return a received service fully, in part or in a worsened state, you will be required to provide compensation. This is not the case when the wear on the goods can be compared to the type of testing that would, for example, have been possible in a store. By the way, you can avoid the obligation to provide compensation for wear caused by using the product in a way that is not intended, by treating the items as if they are not your property and not doing anything that may affect their value. Package-sent goods are to be returned at our risk. You must carry the costs of the return if the supplied goods correspond to the ordered goods and when the cost of the goods you are returning is not in excess of 40 Euros or when the goods were, at a higher price, and at the point of withdrawal the counter service or contractually agreed part payment has not been made. Otherwise the return is free of charge for you. Items that are not sent as packages will be collected from you. Obligations for the repayment of payments made must be fulfilled within 30 days. The deadline begins for you with the sending of the withdrawal or the item and for us with receipt of the same.

End of Revocation Policy

Please prepay the package sufficiently in order to avoid extra postage. We will refund your postage costs without delay.

6. Withdrawal from the contract

We try to deliver the goods as fast as possible or at the date of delivery desired by you. If the failure to keep a delivery time is caused by force majeure, strike, unpredictable circumstances or other circumstances which are not within our control, the delivery time is extended in an adequate way. Under circumstances not mentioned above the buyer is entitled to give a respite in written form and to withdraw from the contract if the respite is terminated fruitless. If the impossibility is the consequence of a disability by the manufacturer or supplier, both we and the client may withdraw from the contract if the delivery term is exceeded for more than a month. In this case the client is immediately informed about the unavailability and the consideration is returned immediately.

7. Claims for indemnity

Claims for indemnity by the client are excluded, except for the case that PUNCHI PUNCHI GbR or a representative or vicarious agent of PUNCHI PUNCHI GbR acted intentionally or with gross negligence.

8. Retention of title

The delivered goods remain property of PUNCHI PUNCHI GbR till the full payment.

9. Data protection

Raising, converting and usage of your data

This website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States . Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.

Furthermore and independently, we PUNCHI PUNCHI GbR automatically collect and store the following data from server log files that your browser transmits to us. F.e. browser type and version, operating system used, referrer URL (the page previously visited), host name of the accessing computer (IP address) and time the server inquiry is made.

For us these data are not assignable to certain persons.

Individual-related data are raised only if you transfer it to us voluntarily during the order procedure, the opening of a client account or at the registration for our newsletter. We use your data without your approval only for the fulfilment and clearing of your order. With the execution of the order and the full payment of the purchase price your data are barred for further use and will be deleted as fast as allowed by the tax and commercial law provisions, if you have not given the approval for a further use of your data. With the registration for our newsletter your e-mail address is used for our own advertising purposes, until you check out.

Transfer of individual- related data

A transfer of your data takes place to the delivery firm, if this is necessary for the delivery. For the execution of payments we transfer your payment data to the bank in charge of payments. A transfer to others does not take place.

Data safety

We secure our website and other systems by technical and organisational measures against loss, destruction, access (hereof excepted: Google Analytics by Google Inc. (see above)), modification and distribution of your data by unauthorised persons. The access to your client account is only possible with your personal password. You should treat your access data as confidential and close the browser window after having finished the communication with us, especially if you use the computer together with other persons.

Right of access

According to the Bundesdatenschutzgesetz (Federal Data Protection Act ) you have the right of gratuitous access to your saved data and the right of adjustment, barring or erasure of these data.

Revocation of consent

The following consents were given by you during the order procedure. We inform you that you may revoke these consents at any time with effect for the future.

I want to receive interesting offers at regular intervals by e-mail. My e-mail address is not transferred to other companies. This consent to use my e-mail-address for advertising purposes can be revoked by an informal notice f. e. by e-mail to support@punchi.de at any time with effect for the future.

Contact person for data protection

For questions concerning the raising, converting or usage of your individual-related data, for information, adjustment, barring or erasure of your data, and for the revocation of the consent please contact: PUNCHI PUNCHI GbR, Kim Köster & Cord Henning Labuhn, Mariannenstr. 31, D-10999 Berlin; Email: support@punchi.de.

10. Further Information

Order process

As soon as you have found the desired product you can put it, without obligation, into the market basket by clicking the button [Add to Cart]. By clicking the button [My Cart] you can look at its contents anytime. You can erase the products from the market basket by clicking the button [Remove X]. If you wish to buy the products in the market basket please click the button [Proceed to Checkout].

Contractual Text

The contractual text is saved within our internal system. The General Terms & Conditions can be consulted on this page anytime. The order data as well as the General Terms & Conditions will be sent to you by Email. By reason of security the contractual text will not be accessible anymore after finishing the order process.

11. Final Provisions

In the event that any of the terms of contract with the Customer, including these General Terms and Conditions of Business, should be or become invalid either in full or in part, this shall not affect the validity of the other terms. The term that is invalid either in full or in part shall be replaced by a term that corresponds to the meaning of the invalid term as closely as possible. For all legal relations of the parties the law of the Federal Rebublic of Germany applies.

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