TERMS AND CONDITIONS
(As of May 23, 2023)
1. Operator of the website and contractual partner
The website is operated by PK Handelswaren GmbH in 10961 Berlin. The contractual partner is exclusively PK Handelswaren GmbH.
2. Scope of application
The following general terms and conditions (GTC) apply to all offers and services that can be accessed via the website. You can save your copy of the terms and conditions.
3. Offer and conclusion of a contract
The presentation of the individual products on the website is a non-binding invitation to place an order. Your order represents an offer to conclude a contract. After placing your order, PK Handelswaren GmbH will send you an order confirmation by email. Unless otherwise stated in the order confirmation, this order confirmation does not represent an acceptance of the binding offer, but is only intended to inform you that PK Handelswaren GmbH has received the order. A contract is only concluded with you when PK Handelswaren GmbH confirms your order bindingly or hands over the goods to a shipping company.
The prices quoted are gross prices (including value added tax). The shipping costs depend on the country of destination and are specified at the end of the order.
5. Right of cancellation and cancellation policy
You have the right to cancel this contract within fourteen days without giving reasons. The cancellation period is fourteen days from the day on which you or a third party designated by you, other than the carrier, took or has taken possession of the goods. In order to exercise your right of cancellation, you must inform us by means of a clear statement (e.g. a letter sent by post or an e-mail) of your decision to cancel this contract. Please send your notice of cancellation to the following address: PK Handelswaren GmbH, Josef-Orlopp-Str. 56, 10365 BERLIN – GERMANY or by e-mail to: merchandising [at] paulkalkbrenner.net.
In order to comply with the cancellation period, it is sufficient to send notice of the exercise of the right of cancellation before the end of the cancellation period.
If you cancel the entire contract, we shall reimburse you for all payments we have received from you, including delivery costs (except for additional costs resulting from the fact that you have chosen a delivery method 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 notice of cancellation of 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; under no circumstances will you be charged for this repayment. We may refuse a refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier. You must return the goods to us immediately and in any case within fourteen days at the latest from the day you inform us of the cancellation of this contract at the following address: PK Handelswaren GmbH, Josef-Orlopp-Str. 56, 10365 Berlin / GERMANY. The deadline is deemed to have been met if you send the goods before the end of the fourteen-day period. Should you wish to return individual items from the order, we will refund the purchase price, but not the shipping costs.
You shall bear the direct costs of returning the goods. You will only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods other than that necessary for inspecting their condition, properties and functionality.
6. Terms of payment and due date
Unless otherwise agreed, the invoices of PK Handelswaren GmbH are due immediately and without deduction. You have the choice of different payment methods. PK Handelswaren GmbH reserves the right, in individual cases or in case of refusal of payment by credit institutions or providers of the respective payment method, to execute the order only against another payment method. Costs, which arise due to a chargeback of a payment action due to lack of funds or due to incorrect data transmitted by the customer, will be charged to you. Offsetting against counterclaims is only permitted if these are undisputed or have been legally established. In addition, you may offset against a counterclaim that has taken the place of a right of retention to which you are entitled from this contractual relationship.
7. Reservation of proprietary rights
Every delivered product remains the property of PK Handelswaren GmbH until full payment has been received.
Statutory regulations apply.
The PK Handelswaren GmbH is liable without limitation for intent and gross negligence.
The PK Handelswaren GmbH is only liable for simple negligence – except in the case of injury to life, limb or health – if essential contractual obligations (cardinal obligations) are violated.
In this case, the liability is limited to the foreseeable damage typical of a contract. Liability for indirect and unforeseeable damage, loss of use, financial losses due to third-party claims is excluded in the case of simple negligence – except in the case of injury to life, limb or health.
Any further liability other than in this contract is excluded – regardless of the legal nature of the asserted claim. However, the above limitations or exclusions of liability shall not apply to any mandatory strict liability prescribed by law or to liability under a strict guarantee.
Insofar as liability is excluded or limited, this also applies to the personal liability of employees, workers, representatives and vicarious agents of PK Handelswaren GmbH.
10. Exchange or return of goods
Should purchased goods (e.g. shirts) not fit, they can be exchanged or returned. Please inform us in advance by email to: merchandising(at)paulkalkbrenner.net. Only unworn and clean or defective goods will be exchanged or accepted for return.
The customer bears the costs of the return.
The new delivery will be sent or the amount will be refunded on receipt of the returned item. We will return the refund amount to the payment method used at the time of purchase.
The following information must be enclosed with the return shipment: name, address and your order number.
Sunglasses cannot be returned or exchanged. The exchange of audio and video media as well as fan specials is only possible in original packaging.
Return address: PK Handelswaren GmbH, Josef-Orlopp-Str. 56, 10365 Berlin – GERMANY.
This contract and the entire contractual relationship between the parties are subject to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Should individual provisions of this contract be or become invalid or contain a loophole, the remaining provisions shall remain unaffected.