Shop Standard Terms and Conditions
1. Scope of Application
Our sales shall be exclusively subject to these standard terms and conditions; contrary terms and conditions of the purchaser shall not be recognised by us, even in such cases where we shall not exclusively reject those terms and conditions of the purchaser known to us.
These standard terms and conditions shall be exclusively valid for sales taking place via the Internet.
Requests for deliveries must be explicitly accepted by PITÚ Importadora Exportadora GmbH in order for a contract of purchase to come into existence. A contract of purchase shall come into existence where we shall give confirmation to you of the delivery of products ordered by you, or else where we shall deliver the products ordered to you. Exclusive of your immediate objection, we shall be free to accept and deliver orders on a partial basis. After submission of your order, you shall automatically receive a one-time confirmation of your order via email. The data contained in your order is transmitted to the company Mail Box in Berlin, Germany, where your order shall be quickly processed and the products ordered shall be despatched. For security reasons, your order details shall no longer be accessible over the Internet after your order has been submitted.
It is only possible to place orders for delivery within Germany or the rest of Europe.
Orders can only be placed by people who are of full age.
2. Prices and Value-Added Tax
All prices include the statutory value added tax valid in Germany. PITÚ Importadora Exportadora GmbH shall at all times reserve the right to amend prices without prior notification of such amendments.
3. Shipping and Handling Charges
Each order shall be subject to a one-time charge of one of the following shipping and handling charges, even in such cases where a delivery shall contain several packages, or shall be effected in partial deliveries.
For deliveries within Germany: EUR € 6.90
For deliveries within Europe: EUR € 9.90
When the value of goods ordered exceeds EUR € 35.00, delivery is effected free-of-charge.
Calculation of shipping handling charges takes place on the basis of the country of delivery, and not on the basis of the country in which the order is placed. PITÚ Importadora Exportadora GmbH shall at all times reserve the right to amend shipping and handling charges without prior notification of such amendments.
4. Methods of Payment
a) The following payment options are available for orders and deliveries within Germany:
- Payment by cash on delivery (in addition to a cash on delivery fee amounting to EUR € 2.00)
- Payment in advance
- Payment by credit card
b) The following payment options are available for orders placed in Germany for delivery outside Germany, but within Europe:
- Payment in advance
- Payment by credit card
c) The following payment option is available for orders placed from other European countries, but outside Germany:
- Payment by credit card
The following credit cards are accepted:
MasterCard and Visa
Any applicable bank or transfer charges shall be for your account. Insofar as you shall order goods for delivery to third parties, you, and not any such third parties, shall be considered as our sole and exclusive contractual partner.
In case of default of payment, we shall be authorised, without specific notification or the setting of a deadline, to charge interest on defaulted payments in accordance with standard bank rates.
Failure to comply with the terms and conditions of payment or the existence of poor creditworthiness ratings shall authorise us to annul outstanding orders at any time, and without compensation. Goods delivered shall remain our property until complete payment has been effected.
5. Cancellation policy
Right of cancellation
You have the right to cancel or withdraw from this contract within 14 days without giving any reason. The cancellation period shall commence 14 days from the day on which you or a third party appointed by you other than the carrier take(s) possession of the goods. In the case of a contract concerning multiple goods, which you have ordered in the context of a single order and which are delivered separately, the cancellation period shall be 14 days from the day on which you or the third person you have appointed (who is not the carrier) take(s) possession of the last item. In the case of a contract concerning the delivery of an item in several partial deliveries or pieces, the cancellation period shall be 14 days from the day on which you or the third person you have appointed (who is not the carrier) take(s) possession of the last partial delivery or the last piece.
To exercise your right of cancellation, you will need to send us a clear declaration (e.g. by letter, fax or e-mail) of your intention to cancel the contract. You can use the sample cancellation form attached, although please be aware that this is not mandatory. Please send your notice of cancellation to:
PITÚ Service c/o Mail Box
Tel: 0049-30-47 59 87-18
Fax: 0049-30-47 59 87-19
You can also fill out and submit the sample cancellation form electronically on our website www.pitu.com. If you choose to do so, we will send you immediate confirmation of receipt of your notice of cancellation (e.g. via e-mail).
The timely dispatch of the notice of cancellation within the cancellation period shall be sufficient for the cancellation period to be deemed respected.
Consequences of cancellation
Should you cancel this contract, we shall be obliged to refund to you all payments we have received from you, including shipping costs (with the exception of any additional costs incurred if you have selected a delivery method other than low-priced standard delivery we offer). These monies must be refunded without delay, at the latest within 14 days of the date on which your notice of cancellation was received. Your money shall be refunded using the same payment method used for the original transaction unless expressly agreed otherwise; under no circumstances will you be charged any fees for the refund. We may refuse to refund the payment until the goods are returned to us or until you have provided proof that you have returned the goods, depending on which of these occurs earlier. You must send back or return the goods immediately, but no later than 14 days after issuing your notice of cancellation of this contract, to the following address:
PITÚ Service c/o Mail Box
Sending the goods back before the 14 day period expires shall be sufficient for the deadline to be deemed met. You shall be liable for the direct costs associated with returning the goods. You shall only be liable for any depreciation in the value of the goods if you have been responsible for this depreciation through handling the goods in a manner that was not necessary for inspecting the quality, properties and functionality of the goods.
End of cancellation policy
Delivery shall be effected from stock.
We deliver exclusively within Germany and Europe, however, we shall not be obligated to accept orders from persons or legal persons having their principle place of residence or registered office outside of the Federal Republic of Germany, yet within Europe. We shall be authorised at all times to exclude deliveries to individual countries without stating reasons for such exclusion.
The delivery period for deliveries within Germany is generally one week after receipt of order. Despatches within Germany are effected from our own warehouse and delivery is carried out by Deutsche Post or DHL. Within the rest of Europe, deliveries are carried out by DHL or UPS. Deliveries are made on weekdays. Delivery times specified by us shall be non-binding.
Claims for damages or compensation as a result of delayed delivery shall be excluded. Costs incurred in the country of delivery (customs, duties, etc.) shall be borne by the consignee.
7. Complaints and Warranty Claims
Notifications of defects and other complaints must be lodged within eight days of receipt of the goods.Warranty obligations shall be valid for two years from the receipt of the goods.
In case of loss, damage or breakage, we would ask you to notify the company Mail Box in Berlin, in writing, within fourteen days:
Fax: 49-30-47 59 87 19
If you document evidence of the delivered goods being defective, we shall either arrange for a replacement shipment or for the rectification of the defects within a reasonable period of time. Shall we fail in this regard, you shall have the choice between exchanging the defective goods and receiving a full refund of the purchase price.
8. Data Protection
You shall declare that you consent to your personal data, as intended in the sense of the German Federal Data Protection Act (BDSG), being collected by our data processing systems for the processing for your order, only to the extent as is necessary for this purpose.
We shall save the data necessary for the processing of your order and we shall pass such data on to companies and service providers (e.g. transportation companies) for the handling and execution of your order.
Beyond this, we shall reserve the right, for the duration of our business relationship, to use credit information to carry out our own creditworthiness check, where interest in such a check shall be warranted.
9. Place of Performance, Place of Jurisdiction
These terms and conditions shall only apply to commercial legal relationships.
These terms and conditions shall be subject to the law of the Federal Republic of Germany, to the exclusion of the UN Convention on Contracts for the International Sale of Goods, even in such cases where orders are placed from outside of Germany, but within the rest of Europe. Rheinberg, Germany shall be the place of performance and the place of jurisdiction.
However, PITÚ Importadora Exportadora GmbH shall be authorised to institute legal proceedings against a respective client at any place where a place of jurisdiction shall exist.
10. Transfer of Rights and Obligations arising from these Terms and Conditions agreed
PITÚ Importadora Exportadora GmbH shall be authorised to transfer the rights and obligations arising from the agreement to these terms and conditions to third parties, without being obligated to specifically give notice thereof.
The liability of PITÚ Importadora Exportadora GmbH for damages, regardless of their nature or extent, shall be excluded in accordance with the following provision:
The exclusion of liability shall not apply to damages which PITÚ Importadora Exportadora GmbH shall have caused or effected wilfully or on account of gross negligence; and, in cases of slight negligence, for damages which concern loss of life, or personal and physical injury or impairment of health, as well as for damages which are due to a breach or infringement of essential contractual obligations by PITÚ Importadora Exportadora GmbH.
These terms and conditions shall be valid from October, 2012, for all orders received as of this date, and shall render invalid all previous versions.
Should a provision be or become invalid, the validity of the remaining conditions of sale, delivery and payment shall not be affected.