Terms of service
§ 1 Scope of application
(1) These General Terms and Conditions of Sale (hereinafter: GTC) apply to all contracts concluded via our online shop between us, the
Seemann & Seuthe Pekunia GbR,
Gutenbergstraße 17
24116 Kiel
Managing directors: Benedikt Seuthe and Fritz Victor Seemann
team@pekunia-wallet.com
and you as our customer. The GTC apply regardless of whether you are a consumer, entrepreneur or merchant.
(2) All agreements made between you and us in connection with the purchase contract result in particular from these Terms and Conditions of Sale, our written order confirmation and our declaration of acceptance.
(3) The version of the GTC valid at the time of conclusion of the contract shall apply.
(4) We do not accept deviating terms and conditions of the customer. This shall also apply if we do not expressly object to their inclusion.
§ 2 Conclusion of contract
(1) The presentation and advertising of items in our online shop does not constitute a binding offer to conclude a purchase contract.
(2) By submitting an order via the online shop, you are placing a legally binding order. You are bound to the order for a period of two (2) weeks after placing the order; this does not affect your right to withdraw your order in accordance with § 3.
(3) We will immediately confirm receipt of your order placed via our online shop by e-mail. Such an e-mail does not constitute a binding acceptance of the order unless, in addition to the confirmation of receipt, acceptance is also declared.
(4) A contract is only concluded when we accept your order by means of a declaration of acceptance or by delivering the ordered items.
(5) If it is not possible to deliver the goods you have ordered, for example because the goods in question are not in stock, we will not issue a declaration of acceptance. In this case, a contract is not concluded.
§ 3 Right of cancellation
(1) If you are a consumer (i.e. a natural person who places the order for a purpose that cannot be attributed to your commercial or self-employed professional activity), you have a right of withdrawal in accordance with the statutory provisions.
(2) The provisions set out in our withdrawal policy apply to the right of cancellation: https://pekunia-wallet.com/policies/refund-policy
§ 4 Terms of delivery
(1) We are authorised to make partial deliveries insofar as this is feasible for you.
(2) The delivery period is approximately seven (7) working days, unless otherwise agreed. It begins - subject to the provision in paragraph 3 - with the conclusion of the contract.
§ 5 Prices and shipping costs
(1) All prices quoted in our online shop are total prices plus any shipping costs that may apply. In accordance with § 19 of the German Value Added Tax Act (UStG), VAT is not charged and therefore not shown (small business status).
(2) If you effectively withdraw your contractual declaration in accordance with § 3, you can demand reimbursement of costs already paid for shipping to you (shipping costs) under the statutory conditions (see the cancellation policy https://pekunia-wallet.com/policies/refund-policy).
§ 6 Terms of payment and offsetting and right of retention
(1) The purchase price and shipping costs are to be paid directly during the order process by credit card, PayPal, Klarna or another available payment method.
(2) You are not entitled to offset against our claims unless your counterclaims have been legally established or are undisputed. You are also entitled to offset against our claims if you assert complaints or counterclaims arising from the same purchase contract.
(3) As the buyer, you may only exercise a right of withholding if your counterclaim arises from the same purchase contract.
§ 7 Retention of title
The delivered goods remain our sole and exclusive property until the purchase price has been paid in full.
§ 8 Warranty
(1) We shall be liable for material defects or defects of legal title of delivered items in accordance with the applicable statutory provisions. The limitation period for statutory claims for defects is two years and begins with the delivery of the goods.
(2) Any seller's warranties given by us for certain items or manufacturer's warranties granted by the manufacturers of certain items shall apply in addition to the claims for material defects or defects of title within the meaning of paragraph 1 of this section. Details of the scope of such warranties can be found in the warranty conditions which may be enclosed with the items.
§ 9 Liability
(1) We shall be liable to you in all cases of contractual and non-contractual liability for intent and gross negligence in accordance with the statutory provisions.
(2) In other cases, we shall only be liable - unless otherwise regulated in paragraph 3 of this section - in the event of a breach of a contractual obligation, the fulfilment of which is essential for the proper execution of the contract and on the observance of which you as the customer may regularly rely (so-called cardinal obligation), limited to compensation for foreseeable and typical damage. In all other cases, our liability is excluded, subject to the provision in paragraph 3 of this section.
(3) Our liability for damages resulting from injury to life, body or health and under the German Product Liability Act (Produkthaftungsgesetz) shall remain unaffected by the above limitations and exclusions of liability.
§ 10 Copyrights
We have copyrights to all images, films and texts published in our online shop. Use of the images, films and texts is not permitted without our express consent.
§ 11 Applicable law and place of jurisdiction
The law of the Federal Republic of Germany shall apply. The UN Convention on Contracts for the International Sale of Goods shall be excluded. If you have placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of this country shall remain unaffected by the choice of law made in sentence 1 and 2 of this paragraph.
Version: 17th of March 2024