Terms and Conditions
General Terms and Conditions
The following T&Cs apply to all orders placed via our online shop.
These T&Cs also apply to businesses for future commercial relations without the need for any formal expression thereof. Unless expressly approved by us to the contrary, we cannot accept the contractual validity of any conflicting or complementary general terms and conditions used by any business.
2. Contractual partner, formation of contract
The purchase contract is concluded with Paganino KG.
The display of products within the online shop constitutes a binding offer on our part to enter into a contract vis-à-vis the items. You may place our products in your basket without obligation and amend your entries at any time prior to submitting a binding order by using the correction facilities that are provided for this purpose and explained during the ordering process. The contract is formed by clicking on the order button which indicates your acceptance of our offer concerning the goods contained in your basket. Once you have sent your order you will immediately receive a confirmation via e-mail.
3. Contract language, saving of the contract text
The languages available for concluding the contract are German and English.
We save the text of the contract and forward the order data and our T&Cs to you by e-mail. You may also view and download the T&Cs from this page at any time. You may view your previous orders via our customer login area.
4. Delivery conditions
Delivery costs are added to the product prices as displayed. Delivery charges are explained within individual product offers.
We only dispatch goods en route; pick up by the customer is not possible.
The following payment methods are basically available in our online shop.
If you select advance payment we provide you with our bank details in a separate e-mail and deliver the goods on receipt of funds.
With the submission of the order, you are sending us your credit card details at the same time.
After your identification as the legal cardholder, directly after the order, we will ask your credit card company to initiate the payment transaction. The payment transaction is automatically carried out by the credit card company and charged to your card.
Direct debit process
With the placement of the order, you are granting us a direct debit mandate. We will inform you separately about the date of debiting the account in an advance notification (pre-notification). With the submission of the direct debit, we request our bank to initiate the payment transaction. The payment transaction is automatically carried out and your account is debited.
Debiting the account takes place after shipping the goods.
The time limit for pre-notification regarding the date for debiting the account (pre-notification period), is 1 day.
During the ordering process you will be forwarded to PayPal's online website. To pay the invoice amount via PayPal, you must be registered there or register first, identify yourself with your access data and confirm the payment instructions to us. After submitting your order in the shop we instruct PayPal to initiate the payment transaction.
Directly afterwards, the payment transaction is carried out automatically by PayPal. You will receive additional information during the ordering process.
Only within Germany. The customer will recieve an invoice with the order and must pay within 10 working days.
6. Retention of title
The goods shall remain our property until full payment is made.
For businesses, the following additionally applies: We reserve ownership of the goods until complete settlement of all claims from our ongoing business relationship. You are permitted to sell on reserved goods in the ordinary business operation; you shall assign all claims arising from this onward sale - regardless of connecting or mixing of the reserved goods with a new item - in the amount of the invoice amount to us in advance, and we accept this assignment. You remain authorised to collect the claims; however, we are also permitted to collect ourselves, should you fail to fulfil your payment obligations.
For consumer the following applies: If the goods are delivered with obvious damage caused during delivery, please report the defect to the carrier and notify us without delay. Failure to make a complaint or to make contact does not in any way affect your legal rights or the enforcement of such rights, notably your warranty rights. However, in doing so you help us to press our own claims against the carrier or transport insurer.
Applicable to businesses: The risks of accidental loss or deterioration of the goods will transfer to you once we have submitted the item to the haulier, carrier or other contractor for forwarding to the defined person or establishment. "Kaufleute" as defined by the German Commercial Code (HGB) are subject to the inspection and notification requirements set out in § 377 HGB: The purchaser must examine the goods immediately after their delivery by the vendor, as far as this is practicable in the ordinary course of business, and upon the discovery of any defect must immediately give notice thereof to the vendor. Should you fail to comply with the instructions set out therein; the goods will be deemed to have been approved unless the defect was not detectable on inspection. This shall not apply if a given defect has been concealed by us deceitfully.
8. Warranty and guarantees
We are under a legal duty to supply products that are in conformity with this contract.
For consumers, statutory warranty rights governed by the law of the country where the consumer has his habitual residence apply.
For businesses, the limitation period for claims for defects is one year from transfer of risk; the statutory limitation periods for the recourse claim under Section 478 BGB [German Civil Code] remain unaffected. With respect to businesses, only our own information and the manufacturer’s product descriptions, which have been included in the contract, are regarded as the agreement regarding the quality of the goods; we assume no liability for public statements of the manufacturer or other advertising statements. If the delivered item is defective, we may initially choose, with respect to entrepreneurs, whether we will provide supplementary performance by rectifying the defect (repair) or by delivering a non-defective item (replacement delivery), at our discretion.
The aforementioned restrictions and shortened time limit do not apply to claims for damages, which have been caused by us, our legal representatives or legal agents
• for injury to life, limb or health
• for deliberate or grossly negligent breach of duty, as well as fraud
• for breach of material contractual obligations, the fulfilment of which make the proper execution of the contract possible at all and which the contracting parties may generally rely on and trust in being complied with
• within the context of a guarantee commitment, where agreed.
Information on any additional guarantees and their precise conditions that may apply can be found next to the product and on specific information pages in the shop, if applicable.
Complaints can be submitted by consumers and businesses:
- in writing to: Paganino KG, Julius-Hölder-Str. 29c, 70597 Stuttgart, Germany.
- by e-mail to the following address: firstname.lastname@example.org
When you exercise your warranty rights and we deem it necessary to receive the goods back in order to examine your complaint, you must send back the goods at our cost to the address given above. We are committed to respond to any complaint immediately, but no later than within 14 days of its submission.
Phone: +49 (0) 711 22 00 919 0
We shall in any case be liable without limitation for
claims due to damages that have been caused by us, our legal representatives or
• for injury to life, limb or health
• for deliberate or grossly negligent breach of duty
• for guarantee commitments, where agreed
• towards consumer.
Except these cases, our civil law liability is limited to the foreseeable and direct damages at the time of contract conclusion.
10. Code of conduct
We have submitted to the following codes of conduct:
Trusted Shops quality criteria: http://www.trustedshops.com/tsdocument/%20TS_QUALITY_CRITERIA_en.pdf
11. Dispute resolution
The European Commission provides a platform for online dispute resolutions (ODR) which can be accessed at http://ec.europa.eu/consumers/odr/.
In order to settle disputes arising from a contractual relationship with a consumer or from whether such a contractual relationship exists at all, we will participate in dispute settlement proceedings before a consumer dispute resolution body. The competent body in this matter is: Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e.V., Straßburgerstraße 8, 77694 Kehl am Rhein, Germany, http://www.verbraucher-schlichter.de.
12. Final provisions
If you are a business, German law applies, to the exclusion of the UN Sales Convention.
If you are a "Kaufmann" within the meaning of the German Commercial Code (HGB), public-law legal entity or special public-law fund, the exclusive legal jurisdiction for all disputes from contractual relationships between us and you is our registered office.
Instructions on cancellation
Consumers have a 14 days right to cancel.
Right to cancel
You have the right to cancel this contract within 14 days without giving any reason.
The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.
To exercise the right to cancel, you must inform us (Paganino KG, Julius-Hölder-Str. 29c, 70597 Stuttgart, Germany; email@example.com, phone: +49 (0)71122009190, fax: +49(0)8007850785) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model cancellation form, but it is not obligatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancel before the cancellation period has expired.
Effects of cancellation
If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
You will have to bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Model cancellation form
(If you want to cancel the contract, please fill out the form below and send it back to us)
— To Paganino KG, Julius-Hölder-Str. 29c, 70597 Stuttgart, Germany; firstname.lastname@example.org; fax: +49(0)8007850785:
— I / We[*] hereby give notice that I /We[*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service[*]
— Ordered on [*] / received on [*]
— Name of consumer(s
— Address of consumer(s)
— Signature of consumer(s) (only if this for is notified on paper)
[*] Delete as appropriate