Terms and conditions
General Terms and Conditions of Business
for consumers pursuant to Section 13 of the German Civil Code (BGB)
(Version of February 2012)
§ 1 Scope
In addition to the statutory provisions, the business relationship between pendiq GmbH (in the following: pendiq®) and its customers shall exclusively be governed by these General Terms and Conditions of Business as effective at the time an order is made. These Terms and Conditions of Business shall apply only to customers who are consumers within the meaning of Section 13 of the German Civil Code (BGB), i.e. natural persons who enter into a legal transaction for a purpose that is outside his trade, business or profession.
The law provides certain duties of giving information to consumers pursuant to Sections 312c, 312g of the German Civil Code (BGB) in conjunction with Article 246, para. 1, 2 and 3 of the German Introductory Act to the German Civil Code (EGBGB). Said explanation and information is given in these General Terms and Conditions of Business. You may download and/or print these General Terms and Conditions of Business as well as the notes on consumer protection by clicking the corresponding button on our website.
§ 2 Contractual Partner
Your contractual partner is the firm
(vertreten durch die Geschäftsführer Björn Moldenhauer und Matthias Wirtz)
Baerler Straße 100
Local Court: Kleve (Registry Number HRB 11143)
Phone: 0049 (0) 28 41 / 79 90 90
Telefax: 0049 (0) 28 41 / 79 90 98
Internet: www.pendiq.com / www.pendiq-shop.com
Provider identification in compliance with Section 5 of the German Telemedia Act (TMG) can be found under the link “Imprint” on our homepage.
§ 3 Offers
The essential features of the products offered by pendiq® are given on the product pages of our homepage www.pendiq.com. In case you navigated directly to our shop’s homepage (www.pendiq-shop.com), you may look at the product specification by clicking on the link www.pendiq.com. The technical data of the insulin pen may be retrieved directly from our shop’s homepage. The description of the products including price information is provided for our customers merely to serve information purposes but does not constitute a legally valid offer. All offers are subject to change without notice. Any update of our product range (in particular of the prices) will render any previous offers invalid.
§ 4 Conclusion of Contract
Placing an order with us will be regarded as an offer by you to us to conclude a sales contract. As soon as your order is received at our end, we will send you an e-mail informing you that we received your order and its particulars (order acknowledgement). Said order acknowledgement does not qualify as an acceptance of your offer. Your order will be accepted no sooner than on delivery of the goods in case of their availability. A sales contract between you and pendiq® will be concluded no sooner than on delivery of the ordered goods.
In case of changes in the products (e.g. with respect to the colour or design) pendiq® reserves the right to offer you products that are equivalent in terms of quality and price. In that event, pendiq® shall inform you accordingly. Afterwards, you will be given the opportunity to make an offer to conclude a new sales contract relating to the changed products.
In case the goods are not available, pendiq® reserves the right to reject your order. In that event we shall inform you that they are not available. Any payments you have already made shall be reimbursed immediately.
§ 5 Prices and Payment
All prices quoted on our shop’s homepage are end prices for the products including any taxes (in particular the statutory value added tax of 19%) and other price components. Valid prices are those effective at the date of your order, exclusively.
We only accept advance payment. The goods may be paid for either by credit card (e.g. Visa, Mastercard, American Express, JCB, Diners Club) or by PayPal. Your credit card payment will be handled through
Welken House, 10-11 Charterhouse Square,
London, EC1M 6EH, Großbritannien
(registered under Company No. 4260907 in England and Wales)
PayPal payment will be handled through
PayPal (Europe) S.à r.l. et Cie, S.C.A.,
Authorized representative Renier Lemmens,
22-24 Boulevard Royal, L-2449 Luxembourg
(Commercial Court Registry No. R.C.S. Luxembourg B 118 349)
Any data input by you shall not be stored by pendiq®, only by the payment provider, if necessary. In this regard, the data privacy regulations of the payment provider shall apply
The goods will only be shipped after complete payment for your order. Our invoice will be sent to you by e-mail. On request our customers may receive an invoice by mail.
During the ordering process the customer must chose a mode of payment and provide all required data. The sales price (including any shipment costs) becomes due on delivery. In case the advance payment is revoked for some reason or other (e.g. charged back by the bank or the credit card company), the customer undertakes to pay for the goods within 14 days from their receipt to the bank account of pendiq® indicated on the invoice. After the afore-mentioned period has lapsed, the customer will be in default of payment without receiving a payment demand. pendiq® shall send the customer three payment reminders. In case the customer repeatedly fails to fulfil his payment obligation, pendiq® shall commission an attorney or collecting agency. For each reminder pendiq® will charge a fee in the amount of EUR 10.00 to the customer. The customer shall be liable for costs incurred by legal measures and other damages caused by payment default (e.g. fees charged by the credit card company in case of insufficient funds) as damage caused by default. From the date of occurrence of default pendiq® shall claim a default rate of interest of five percentage points above the basic rate of interest per year (Sections 288, para 1, and 247 of the German Civil Code (BGB)) Moreover, in case of default pendiq® reserves the right to withdraw from the contract in accordance with statutory provisions.
§ 6 Delivery and Shipment Costs
(1) Deliveries are made within Germany and to other European countries. For further information please refer to ‚Shipment Costs and FAQs’. Delivery is performed by a logistics company commissioned by us to the address for delivery you provided. In principle, the address for delivery corresponds to the billing address. You may enter a different billing address when making your order. The customer is responsible for the accuracy of the data provided as address for delivery (shipping address). In case an order cannot be delivered due to incorrect client data, pendiq® reserves the right to assert claims for compensation of any damage incurred.
(2) Deliveries within Germany are free of charge. The shipment costs for deliveries abroad are indicated under ‚Shipment Costs and FAQs’. Shipment costs will be added to the sales price. For deliveries outside the European Union (Switzerland and Norway) additional taxes and costs may fall due (e.g. turnover tax on imports, customs charges) which will not be paid through pendiq® or billed by us. Further information about the amount of taxes and costs will be provided by the competent authorities of your country. Customs formalities will be attended to by the logistics company.
(3) After we shipped the order, the customer will receive an e-mail (shipment e-mail) with the shipment number (tracking number). You can track your shipment using the shipment number. Further information will be provided in the shipment confirmation you will receive by e-mail.
§ 7 Ordering from the Online-Shop
You can place your order exclusively by way of e-commerce via our online shop. Orders made by phone, telefax, letter or e-mail will not be processed by pendiq®. pendiq® assures you that your client data will be treated as confidential. The text of the contract will be saved by pendiq® when the contract is concluded. It will be made available to you in the ‚Order Acknowledgement‘ e-mail. You may inspect the text of the contract after logging in to the online shop and/or request it from pendiq®.
You can navigate to our online shop either by clicking the button „online shop“ on our website www.pendiq.com or by entering the URL address www.pendiq-shop.com.
The ordering process consists of several steps. You may switch between the individual steps of the ordering process to check your data and amend it, if necessary. All fields marked with an asterisk „*“ are mandatory and have to be completed by the customer. Otherwise the ordering process cannot be continued.
The desired products are added to your shopping cart. To continue shopping, click the button „buy now“. In the following step of the ordering process you will be asked to give your personal data and choose the mode of shipment. Afterwards, please click the button “continue“. Next you choose the mode of payment and enter the required data. During this step of the ordering process you may give a different billing address. Afterwards, click the buttons „Accept Terms and Conditions“ and „Confirm reading of information on customer protection“ – at this site you have access to the text of the General Terms and Conditions of Business, the Information on Customer Protection and the Instructions on Order Cancellation. Afterwards, click on the „continue“ button. In the last step of the ordering process you will find an overview of your order including the address, the modes of shipment and payment, particulars of the ordered goods and quantity as well as the billing details. You may now make final amendments before sending off your order. To finalise your order, click the “send order” button
§ 8 Instructions on Cancellation
You are entitled to withdraw from the conclusion of the contract in accordance with the following provisions.
INSTRUCTIONS ON CANCELLATION
You are entitled to withdraw from the conclusion of a contract by sending a notice in text format within 14 days without giving any reasons (e.g. letter, telefax, e-mail) or – if the goods have been delivered to you before the expiry of this time-limit – by returning the goods.
The time-limit for withdrawal shall commence upon receipt of these instructions in text format, but not until the recipient has received the goods and not until we have fulfilled our duties to give information pursuant to Article 246 para. 2 in conjunction with para. 1 subsection 1 and 2 of the German Introductory Act to the German Civil Code (EGBGB) as well as our duties pursuant to Section 312g para. 1 sentence 1 of the German Civil Code (BGB) in conjunction with Article 246, para. 3 of the German Introductory Act to the German Civil Code (EGBGB). Sending off the declaration of withdrawal or the goods will comply with the time-limit for cancellation. Your declaration of withdrawal shall be sent to:
Baerler Straße 100
Telefax: 0049 (0) 28 41 / 79 90 98
Consequences of cancellation:
In the event of an effective withdrawal, any goods or payments received by either party must be restituted and any benefits that might have been obtained (e.g. interest) are to be returned. If you are not able to restitute or return to us the performance received as well as any benefits (the amenity and advantage of using) or if you are only able to do so in a deteriorated state, then you shall be liable to compensate us accordingly. For the deterioration in the state of the goods you shall be liable to compensate us only in so far as the deterioration was caused by your handling the goods in a manner beyond what would be considered inspection of their characteristics and function. ‘Inspection of the characteristics and function‘ means testing and tryout of the goods as is possible and common in a retail store.
Any goods which can be dispatched by parcel are to be returned at our risk. You shall bear the regular costs for returning the goods if the goods delivered correspond to those you ordered and if the price of the goods that are returned does not exceed EUR 40.00, or, in case the price for the goods is higher, if you have not yet rendered consideration or the contractually agreed partial payment by the date of your cancellation. Otherwise the return shall be free of charge. Any goods which cannot be dispatched by parcel shall be collected at your premises. Obligations to reimburse payment must be fulfilled within 30 days. For you, the time-limit commences with the dispatch of your declaration of cancellation or the dispatch of the goods, for us it commences with its receipt.
End of Cancellation Instructions
§ 9 Reservation of Title
The goods shall remain the property of pendiq® until full payment has been made.
§ 10 Liability for Defects
The statutory warranty provisions shall apply. Any complaints about defective goods shall be directed to:
Baerler Straße 100
Phone: 0049 (0) 28 41 / 79 90 90
Telefax: 0049 (0) 28 41 / 79 90 98
§ 11 Set-Off, Retention
The customer is entitled to set-off only if his claims are either uncontested by pendiq® or judicially established. The customer may only exercise his right to withhold payment if his counterclaim is based on the same contractual relationship.
§ 12 Contractual Language
For customers from German-speaking countries the contractual language shall be German. For costumers from other European countries the contractual language shall be English. The English version will be available by clicking on the English flag button.
§ 13 Applicable Law
The substantive laws of the Federal Republic of Germany shall apply, excluding the United Nations Convention on the International Sale of Goods (CISG), even if the customer is domiciled abroad.
§ 14 Severability Clause
In case any one of the provisions under these General Terms and Conditions of Business should be completely or partially invalid, this shall not affect the remaining conditions. Such an invalid provision shall be replaced by a statutory provision.