General Terms of Business of Pamono
("TERMS AND CONDITIONS")
1. In General
1.1. Contractual partners
Pamono GmbH, Uhlandstr. 175, 10719 Berlin ("Pamono" or "we") operates a Home & Living Shop ("Web Shop") at www.pamono.com through which the customer ("customer" or "You") can buy products from Pamono, which Pamono, in turn, acquires from dealers.
1.2. Consumer, Entrepreneur
The customer is the consumer to the extent that the purpose of the ordered supplies and services is not predominantly assignable to his commercial or self-employed work. In contrast, the entrepreneur is any individual, legal person or partnership vested with legal capacity and at the contract finalization stages acts as one exercising its/his commercial or self-employed work.
1.3. Validity of the General Terms of Business
These terms and conditions of business hold good for all contracts between Pamono and the customer relating to the sales of goods as concluded through the Web Shop in their version valid at the time of the order. The customer's general terms of business in opposition to or at variance with the stipulations below are not applied unless we have agreed to their validity in writing. The following terms of business also retain their sole validity when we unreservedly carry out the delivery and service although aware of counteracting conditions of the customer or ones at variance to the following terms of business.
1.4. Changes to the General Terms of Business
Pamono reserves the right to change these terms and conditions at any time given that the changes involved are not unreasonably prejudicial to the user. We will e-mail any changes to the terms and conditions at least four weeks before they come into force. The changes are deemed to be approved unless the customer objects to them through an e-mail to firstname.lastname@example.org within four weeks after our notification. Given a change to the terms and conditions, the customer will be instructed, in particular, as to the scope available for an objection, and of the significance of the time limit. In the event of the customer availing himself of his right to object, we are entitled to delete the customer's user account with effect from when the changed terms and conditions are to come into force. The customer will also be made aware of this in a separate notification.
1.5. Downloading the General Terms of Business
You can inspect, print and store these terms and conditions in their current version at any time under the "Terms and Conditions" link on the Web Shop homepage.
1.6. Particulars as to Deadlines
Working days indicated as deadlines refer to all days of the week except for Saturdays, Sundays and public holidays in Berlin.Jump to Top
2. Registration and Use
To order goods through our Web Shop, you need to create a customer account and specify your personal data. Find out everything about how your data is handled in our data privacy protection statement.
2.2 Correctness and use of user data
The user is responsible for entering his/her particulars as required for registration in a true and complete manner. He/she furthermore undertakes to confidentially handle the access data and not to pass it on to third parties. The registration is confirmed immediately after being sent.
2.3 Multiple registrations
The user is not entitled at Pamono to simultaneously have several customer accounts. Pamono reserves the right to delete multiple registrations, make use of the virtual property rights, and to warn and give notice to customers who infringe the member stipulations listed under sub-sections 2.1 to 2.4.Jump to Top
3. Supply and Availability
3.1. Product images
The goods which Pamono has on offer are shown in images on the website. Slight deviations between what is depicted and actual characteristics do not represent any shortcomings on the part of the ordered product. There may, for instance, be differences in colour due to differing light conditions.
Whether we accept your order depends on the availability of the product. As many of the goods on offer in our Web Shop represent unique items, their availability cannot be guaranteed. We will immediately let you know if we cannot accept your order as a result of the dealer not being able to confirm availability. If you as an individual or as an entrepreneur intend to place a large order please send us an email to email@example.com prior to your order so we can assure availability.Jump to Top
4. Contract Finalization
4.1. Contractual partner
Your contractual partner is Pamono GmbH, Uhlandstr. 175, 10719 Berlin.
The display of the products in the online shop does not represent a legally binding offer but a non-binding online catalogue. By clicking the "Buy now" button you submit a binding order for the goods contained in the shopping basket. The confirmation of the order is sent immediately after the order has been placed and does not yet represent any contractual acceptance. Its sole purpose is to provide you with an overview of your order request. You can also check on your order information and data in your password-protected user account.
Please ensure your order details are correct and you are logged in as a trade customer if this applies. Once your order is placed we are no longer able to make an adjustment to your invoice including VAT charged, billing name or billing address.
4.3. Accepting the order
We accept your order by e-mailing you an order acceptance within five days. Only after receiving an acceptance of the order will any payments undertaken by the customer - including wire transfer - become due.Jump to Top
5. Right of Withdrawal by Pamono in case of non-availability after Conclusion of the Contract
In case the product, for reasons for which Pamono is not responsible, will never be available at the dealer's with whom the matching cover transaction exists, then Pamono is to immediately inform the customer about this non-availability. In such an instance, Pamono is entitled to withdraw from the contract. Given a case of withdrawal from the contract, Pamono is to immediately reimburse the customer with any payments already effected.Jump to Top
6.1. Price particulars
For all orders with Pamono.com the price of the offer listed at the time of the order is in US-Dollars, for Pamono.eu the price is in Euros and for Pamono.co.uk the price is in Pounds sterling. The prices specified are final prices in that they include in each case the statutory value-added tax (if applicable) as well as other price constituents excluding the shipping cost and local taxes and duties.
6.2. Vouchers, customer credit balances, sale promotions
Only one type of discounting can be redeemed with each single order in the Web Shop. Vouchers can only be used once per order. They are not combinable one to the other or with customer credit balances. Unless otherwise expressly indicated, "sale" promotion supply offers are excluded from percentage-based vouchers.Jump to Top
7. Pay Settlements
7.1. Payment variants provided
The payment methods for purchases as indicated in the ordering process are made available for you on Pamono.com. They are currently PayPal (paypal.de), credit card (Visa, MasterCard, American Express) and payment in advance.
7.2. Credit card payments
You enter your credit card details on our secure payment pages. The data is sent encoded directly from the SSL system to the credit card institute. Following a successful credit card examination, the invoiced amount is automatically and immediately debited. With the transaction completed, we then process your order within the specified delivery time. Credit notes from returns are re-booked onto your credit card.
7.3. PayPal payments
For PayPal payments, you will be directed to the PayPal payment pages. You specify your account information there and confirm payment to Pamono GmbH. A settlement is immediately arranged. Credit notes from returns are credited to your Paypal account.Jump to Top
8. Retention of Title
The delivered product remains the property of Pamono or the dealer in question up to full settlement by the customer.Jump to Top
9. Delivery, Despatch and Costs
9.1. Delivery and despatch
The type and size of the product determines whether despatch is undertaken through the post or with a forwarding agent within Germany, to Australia, Belgium, Denmark, France, Ireland, Italy, Canada, Netherlands, Austria, Sweden, Switzerland, Spain, the United Kingdom and the USA. Pamono bears the delivery and despatch risk if the customer is the consumer.
9.2. Partial deliveries
Pamono GmbH is entitled to furnish partial deliveries.
9.3. Delivery and despatch costs
The goods are delivered at the costs indicated in the products on offer. They, in turn, depend on the number of orders at various dealers, delivery address and the weight/size of the goods. Any import sales tax as well as any customs and processing charges on goods being despatched into non-EU countries are not included in the delivery and dispatch costs and will have to be paid before the delivery takes place.
All islands, as well as the states of Hawaii and Alaska in the United States, are excluded from our standard shipping rates displayed online.
For any orders to these areas, please mail to firstname.lastname@example.org before placing an order to receive a shipping quote. Please note this list is not exhaustive and we may ask for additional shipping charges to remote areas.
9.4 Delivery time
The delivery times specified in the Web Shop are calculated from when the order is confirmed (contract finalization) and from the time that Pamono receives the payment in the case of a purchase involving advance payment.
The product is delivered punctually subject to scheduled delivery by our supplier as part of the matching cover transaction with the dealer concerned.
9.5. Rights of withdrawal given a default in delivery
Pamono will immediately inform the customer about the start and end of any hindrances making it impossible to keep to the specified delivery time. The customer is entitled to withdraw from the contract should the delay in delivery last for over four weeks. This does not affect the customer's statutory right of cancellation (see Section 10 of these terms and conditions). Pamono is also entitled to withdraw from the contract given a delay in delivery of over four weeks. Given a case of withdrawal from the contract by the customer and/or by Pamono, we will immediately reimburse the customer with any payments already effected.Jump to Top
10. Cancellation Terms & Conditions
From when the cancellation terms & conditions apply
Right of cancellation
You are entitled to withdraw from this contract without any reasons being given within fourteen days.
The cancellation period is fourteen days from the date on which you or a third party nominated by yourself - but who is not the forwarding agent (the "Third party") - takes possession of the goods.
For a contract concerning a number of goods which you ordered within a single order, the above cancellation period only begins on the date when you yourself or the third party took possession of the last product.
For a contract concerning a product subdivided into several partial consignments or single items, the above cancellation period only begins on the date when you yourself or the third party took possession of the last partial consignment or the last item.
To exercise your cancellation right you need to inform us (Pamono GmbH (limited liability), Uhlandstr. 175, 10719 Berlin, email@example.com, Telephone: +442031371002) in an unequivocal statement (e.g. a letter sent through the post, telefax or e-mail) about your decision to cancel this contract. For this, you can use the non-prescribed, attached specimen cancellation form.
To comply with the cancellation period, it is sufficient in itself to send the notification relating to exercising one's right of cancellation prior to expiry of the cancellation period.
Please note that orders of products that are made to order cannot be canceled once their production has been started. As such, the right to return does not apply to items that are made to order.
The consequences of cancellation
Should you cancel this contract, then we are to immediately pay back to you all payments which we have received from you inclusive of the delivery costs (except for the extra costs arising from you having selected a different type of delivery to the most favourable-cost standard delivery that we provided) and at the latest within fourteen days from the date on which we received notification of your contract cancellation. For this refund we will deploy the same means of payment which you used for the original transaction unless something different has been expressly agreed to with you. Under no circumstances will we charge you with a fee for this refund.
The following applies to goods sent to you in the post. You are to immediately return the goods to us – in all cases - within fourteen days from the date on which you informed us about the cancellation of this contract, or to hand them over to someone that we have charged with accepting the goods. The period is upheld given that you despatch the goods prior to expiry of the fourteen-day period. You defray the immediate costs of returning the goods.
The following applies to goods not sent to you in the post. We pick up the goods. You defray the immediate costs of returning the goods. The costs are estimated, at a maximum, to be the amount corresponding to those associated with the return despatch of equivalent goods.
You are only required to compensate for any loss in value of the goods if you have unnecessarily handled the goods when checking on their condition, properties and mode of operation.
Specimen cancellation form
- To Pamono GmbH (limited liability), Uhlandstr. 175, 10719 Berlin, firstname.lastname@example.org
- I/we (*) hereby cancel the contract concluded by myself/us (*) on purchasing the following goods: (...)
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only with a paper notification)
(*) Delete what is inapplicable.Jump to Top
11. Questions on the Order
Contact our after-sales service below should you have any service queries:Jump to Top
12. Warranty and Liability
12.1. Warranty on faults
A 12-month warranty vis-a-vis companies applies to goods delivered by Pamono. A 12-month warranty also applies to used goods delivered by Pamono.
12.2. Liability exclusions
The liability of Pamono for compensation is ruled out. This does not apply to:
(i) Damage from instances that are detrimental to life, body and health as a result of Pamono or its statutory representative or vicarious agents having infringed their obligations in a negligent manner;
(ii) Damage as a result of Pamono or its statutory representative or vicarious agents having infringed their obligations in respect of significant contractual rights and obligations vital for proper implementation of the contract with, in view of this, the contractual purpose being put at risk (cardinal obligations);
(iii) Damage as a result of Pamono or its statutory representative or vicarious agents having infringed their obligations either deliberately or in a grossly negligent manner;
(iv) Liability in accordance with the law of product liability
(v) Liability in the event of a guarantee being taken on.
For damage not relating to instances that are detrimental to life, body and health and which are attributable to Pamono or its statutory representative or vicarious agents having negligently infringed their obligations, Pamono's liability is limited, at all events, to contract-typical and predictable damage.
Pamono's exclusion from liability and/or limited liability is also applicable to Pamono's statutory representatives and vicarious agents.Jump to Top
13. Promotional Vouchers
13.1. Offer and validity of promotional vouchers
Pamono offers promotional vouchers (vouchers that cannot be bought but which we hand out with a certain validity period attached as part of publicity campaigns). Promotional vouchers are only valid for the period specified and can only be redeemed as part of an order. Single items may be excluded from the voucher promotion.
13.2. Value of the goods and remaining balances with promotion vouchers
The value of the product must at least tally with the promotion voucher amount. Legal considerations preclude us from refunding any remaining balances.
13.3. Redeeming promotional vouchers
Promotional vouchers can only be redeemed before conclusion of order. Any offsetting effected subsequently is not possible. The credit balance of a promotional voucher is neither paid out in cash nor is interest paid on it.
13.4. Passing promotional vouchers onto third parties and combining them
The promotional voucher cannot be transferred to third parties. A number of promotional vouchers cannot be combined.
13.5. Balancing the remaining amount
If a promotional voucher credit balance does not suffice for the order, the difference can be offset by using the payment methods on offer.
13.6. Reimbursement of promotional vouchers
No refunding of the promotional voucher takes place when the entire product or a part of it is returned given that the promotional voucher was issued as part of a publicity campaign and nothing in return was furnished.Jump to Top
14. Data Privacy Protection
The data privacy protection statement of Pamono GmbH is here.Jump to Top
15.1. The law in force
These terms and conditions are subject to German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
15.2. Changes to these terms and conditions
Pamono reserves the right to change these terms and conditions at any time given that the changes involved are not unreasonably prejudicial to the user. We will e-mail any changes to the terms and conditions at least four weeks before they come into force. The changes are deemed to be approved unless you object to them through an e-mail to email@example.com within four weeks after our notification. Given a change to the terms and conditions, we will instruct you, in particular, as to your scope available for objection and the significance of the deadline. In the event of you availing yourself of your right to object, we are entitled to delete your user account with effect from when the changed terms and conditions are to come into force. You will also be made aware of this in a separate notification.
15.3. Ineffectiveness of individual clauses
The fact of a stipulation of these terms and conditions being ineffective does not impinge on the effectiveness of the others.
15.4. Place of jurisdiction
In relation to customers who are business men as envisaged under §§ 1 ff. HGB, Berlin is the sole place of jurisdiction for any disputes arising from these terms and conditions.
Berlin is the sole place of jurisdiction for any disputes arising from these terms and conditions given that the customer has no national general place of jurisdiction, has moved his place of residence or customary location where he is to be found or Pamono is unaware of the place of residence or the customary location where the customer is to be found at the time of the legal proceedings.Jump to Top