Terms and Conditions

(As of May 23, 2023)

1. Website Operator and Contract Partner

The website is operated by PK Handelswaren GmbH, Josef-Orlopp-Straße 56, 10365 Berlin. The sole contract partner is PK Handelswaren GmbH.

2. Scope

The following general terms and conditions (GTC) apply to all offers and deliveries available through the website. A copy of these GTC can be saved using this [method].

3. Offer and Conclusion of a Contract

The presentation of individual products on the website constitutes 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 via email. Unless otherwise stated in the confirmation, this confirmation does not constitute acceptance of the binding offer but is only intended to inform you that PK Handelswaren GmbH has received your order. A contract is concluded with you only when PK Handelswaren GmbH confirms your order bindingly or hands over the goods to a shipping company.

4. Prices

The prices shown are gross prices (including VAT). Shipping costs depend on the recipient country and will be specified at the end of the order process.

5. Right of Withdrawal and Withdrawal Instructions

5.1 Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, takes possession of the goods. To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post or email). Send your withdrawal to: PK Handelswaren GmbH, Josef-Orlopp-Str. 56, 10365 Berlin or to shop(at)pk-merch.de To meet the withdrawal deadline, it is sufficient for you to send the communication concerning your exercise of the right of withdrawal before the withdrawal period expires.

5.2 Consequences of Withdrawal

If you withdraw from the contract, we will refund all payments received from you, including delivery costs (except for additional costs arising from choosing a type of delivery other than the least expensive standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we receive notice of your withdrawal. We usually use the same payment method for the refund that you used for the original transaction, unless expressly agreed otherwise; in no case will you be charged fees for this refund. We may withhold the refund until we have received the goods back or you have provided proof of shipment, whichever occurs earlier. You must return the goods without undue delay and in any case no later than fourteen days from the day on which you notify us of your withdrawal. The deadline is met if you send the goods before the expiry of the fourteen-day period. If you only return individual items from the order, we will refund the purchase price but not the shipping costs. You bear the direct costs of returning the goods. You are only liable for any diminished value of the goods if this results from handling the goods in a way not necessary to check their condition, properties, and functioning.

6. Payment Terms and Due Date

Unless otherwise agreed, invoices from Paul Kalkbrenner are due immediately without deduction. You may choose from various payment methods. Paul Kalkbrenner reserves the right, in individual cases or if payment is refused by banks or providers of the chosen payment method, to execute the order only via another payment method. Costs arising from chargebacks due to insufficient funds or incorrectly provided data by the customer will be charged to you. Offsetting against counterclaims is only permitted if these are undisputed or legally established. You may also offset a counterclaim that has replaced a right of retention arising from this contractual relationship.

7. Retention of Title

All delivered products remain the property of PK Handelswaren GmbH until full payment has been made.

8. Warranty

The statutory provisions apply.

9. Liability

PK Handelswaren GmbH is fully liable for intent and gross negligence. For simple negligence, Paul Kalkbrenner is only liable—except in cases of injury to life, body, or health—if essential contractual obligations (cardinal obligations) are breached. Liability in such cases is limited to typical, foreseeable contractual damages. Liability for indirect and unforeseeable damages, loss of use, or financial losses due to claims by third parties is excluded in cases of simple negligence—except in cases of injury to life, body, or health. Further liability beyond what is stated in this contract is excluded, regardless of the legal nature of the claim. The above limitations and exclusions of liability do not apply to mandatory statutory liability without fault or liability under a fault-independent guarantee. Where liability is excluded or limited, this also applies to the personal liability of employees, representatives, and agents of PK Handelswaren GmbH.

10. Exchange or Return of Goods

If purchased hoodies and/or t-shirts do not fit, they can be exchanged or returned. Only unworn, clean, and undamaged hoodies and/or t-shirts will be accepted for exchange or return. The customer bears the cost of return shipping. Once the return has been received and checked, the exchange shipment will be sent, or the amount will be refunded using the payment method used for the original purchase. The following information must be included with the return: name, address, and order number. Sunglasses cannot be returned or exchanged. Exchanges of audio and video media or fan specials are only possible in the original packaging. Return address: PK Handelswaren GmbH, Josef-Orlopp-Str. 56, 10365 Berlin.

11. Miscellaneous

This contract and all legal relations between the parties are governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Should any provisions of this contract be invalid or contain gaps, the remaining provisions shall remain unaffected.