General Terms and Conditions of KOTOBUKI Europe GmbH for penac-brand.shop
Area of application
The online shop’s offer is aimed exclusively at private customers/consumers.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed (§ 13 BGB).
Sales shall only take place in quantities customary in the household.
For all deliveries and services to customers/consumers (hereinafter referred to as Customer) through the online shop of KOTOBUKI Europe GmbH (hereinafter referred to as KE), the following General Terms and Conditions shall apply exclusively in the version valid at the time of the order.
Contractual Partner / Customer Service
In the event of conclusion of the contract, the purchase contract shall be concluded and comes into effect with:
KOTOBUKI Europe GmbH
Registration number HR B 16706
Register Court Fürth
For suggestions, questions, complaints and returns, we can be reached on weekdays as follows:
Monday-Friday: 09.00h – 16.00h
Telephone number: +49 (0) 911 3766 26 70
Fax: +49 (0) 911 3766 26 79
Deviating conditions to the General Terms and Conditions in their version valid at the time of the order are not accepted, unless KE agrees to them exclusively in written form.
Formation of a contract
The following regulations on the conclusion of a contract apply to orders placed via our online shop. Here, the customer has the opportunity to select and purchase writing instruments and additional items from the PENAC Japan range. The presentation of the goods in our online shop does not constitute a legally binding offer of contract on our part, but is only a non-binding invitation to the customer to order goods.
Upon receipt of an order in our online shop, the following regulations apply:
When the customer places an order in our online shop, he/she makes his/her own binding contractual offer by clicking on the “Buy now” button.
Before the binding submission of the order, the customer can return to the Internet page on which the customer’s details are recorded and correct input errors or cancel the order process by closing the Internet browser by pressing the “Back” button contained in the Internet browser used by him after checking his details.
KE confirms the receipt of the order by an automatically generated e-mail (“Confirmation of your order”). With this the order is accepted.
In the order confirmation, the customer’s order data are listed once again.
The general terms and conditions and the data protection regulations are also attached to this e-mail and can be printed out by the customer at any time.
In the event that a customer has actually acted in the exercise of a commercial/self-employed professional activity, we reserve the right to withdraw from the purchase contract.
The General Terms and Conditions can also be viewed at any time at https://penac-brand.shop/en/terms-of-service/
The confirmation of the order is decisive for the type and scope of the purchase contract. Additional agreements must be made in writing and will be confirmed by a separate e-mail.
Prices, shipping costs, payment & due date
All prices quoted include the statutory value added tax and other price components. Discount and voucher promotions are offered for a limited period of time. The prices apply exclusively to the products in question during the promotional period. These are marked as such.
Shipping costs, if any, are added and will be charged as a flat shipping rate:
Deliveries within Germany: 2,95€
Deliveries within the EU: 7,20€
Deliveries to NON-EU countries: 14,50€.
Up to an order value of 19,99€ (D), respectively 24,99 (EU) and 44,99€ (NON-EU) the shipping costs have to be paid by the customer.
From an order value of min. 20,00€ KE sends free of charge within Germany.
From an order value of min. 25,00€ KE sends free of charge within the EU.
From an order value of min. 45,00€ KE sends free of charge to NON-EU countries.
The shipping costs/discount and voucher promotions are listed separately within the order confirmation.
Payment of the ordered goods can generally be made via Payrexx and invoice. The customer will be shown all available payment options.
If you pay by invoice, you can buy immediately and pay later (within 14 days). It is important that you are registered at the desired delivery address when purchasing on account. A standard credit check will be carried out without separate notification.
Payment is made via an encrypted SSL connection. This security standard prevents the data from being viewed by unauthorised third parties under any circumstances.
The customer agrees that invoicing is carried out exclusively by electronic means, with an e-mail that differs from the order confirmation. This can be printed out by the customer at any time via his mailbox.
Unless clearly stated otherwise in the product description, all items offered are ready for immediate dispatch.
Delivery is made according to the country selection available in the shop (EU and NON-EU).
If the delivery is made to a non-EU country, further customs duties, taxes or fees may be payable by the customer, but not to the supplier, but to the customs or tax authorities responsible there.
The customer is advised to enquire about the details with the customs or tax authorities before placing the order.
For deliveries to Switzerland, please note the currently valid regulation here: https://penac-brand.shop/en/shipping-to-switzerland/
The delivery time is approx. 2-7 days after order and confirmation.
(Monday-Friday, excluding public holidays) with UPS/DHL.
The risk of accidental loss/shipping risk of the sold item is only transferred to the buyer when the item is handed over to the buyer, even in the case of a mail order purchase.
Retention of title
The delivered goods remain the property of KOTOBUKI Europe GmbH until full payment has been received.
Right of withdrawal of the customer as a consumer
Consumers shall have a right of revocation in accordance with the following provisions, whereby a consumer shall be any natural person who concludes a legal transaction for purposes which can predominantly be attributed neither to his commercial nor to his independent professional activity (§ 13 BGB).
In the following, the consumer is informed about the prerequisite and consequences of the legal right of revocation in the case of distance selling orders.
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.
To exercise your right of withdrawal, you must contact:
penac-brand.shop | KOTOBUKI Europe GmbH
Fax +49 (0) 911 3766 26 79
and inform KOTOBUKI Europe GmbH by means of a clear declaration (e.g., a letter sent by post, fax or e-mail) of the decision to revoke this contract. You may use the enclosed model cancellation form for this purpose, which is, however, not mandatory.
In order to comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of cancellation
If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of 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 received notification of your withdrawal from this contract. 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 notify us of the cancellation of this contract. The deadline is met if you send the goods before the end 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 handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.
Exclusion of the right of withdrawal for custom-made products
The right of revocation does not apply to contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
End of the cancellation policy
If you wish to cancel the contract, please complete and return this form.
KOTOBUKI Europe GmbH
Fax +49 (0) 911 3766 26 79
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
Ordered on (*)/received on (*)
Name of the consumer(s)
Address of consumer(s)
Signature of the consumer(s) (only in case of paper communication)
(*) Delete where inapplicable.
The statutory warranty regulations apply.
For contracts with consumers according to § 13 BGB the warranty period is two (2) years from receipt of the goods. KE is only liable for damages which have not occurred to the delivered item itself in the case of intent, gross negligence on the part of KE or one of its employees/assistants, culpable injury to life, body, health, fraudulently concealed defects as well as defects insofar as liability for personal injury or damage to property exists under the Product Liability Act.
KE collects the customer’s data exclusively within the framework of the processing of the purchase contracts. KE processes personal data of the buyer only in accordance with the legal provisions of the DSGVO and the BDSG.
Detailed information is available to the customer at https://penac-brand.shop/en/privacy-policy
(1) The law of the Federal Republic of Germany applies to all legal relationships of the parties to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). Mandatory provisions of the state in which you have your habitual residence remain unaffected.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of performance and exclusive place of jurisdiction for all disputes arising from the contractual relationship shall be Nuremberg.
(3) The European Union has set up an online platform (“ODR platform”) for the out-of-court settlement of consumer disputes. You can find the platform at http://ec.europa.eu/consumers/odr/. We are in principle willing to participate in such a dispute resolution procedure.
Should any of the above provisions be invalid in whole or in part, this shall not affect the validity of the remaining provision(s) or the contract.
Status of the GTC June 2021