General Terms and Conditions of Business

1. General

1. The General Terms and Conditions of Business (as amended) shall apply to business relationships of any kind between Pendim and the customer. Customers may be businesses or consumers. A consumer shall mean any natural person who concludes a legal transaction for purposes that can be primarily attributed neither to a trade nor a profession. A business shall mean a natural or legal person or a partnership with legal capacity which, in concluding a legal transaction, is acting in the exercise of its trade or profession.

2. The product display in the online store does not constitute a legally binding offer; instead it is merely a non-binding online catalogue of the range of products available. By clicking ‘Confirm Order’, the customer makes a legally binding commitment to purchase the goods in the shopping basket. The customer shall receive an order confirmation immediately after the order has been submitted. The sales contract shall only enter into effect upon receipt of our separate order confirmation. The contract is stored, and the order data and General Terms and Conditions are sent to the customer by email. Customers can view all of their previous orders by logging into their personal accounts in the website.

Pendim reserves the right to refuse to perform the service promised if it becomes apparent after concluding the Contract that the goods are not available although a corresponding contractual transaction has been concluded. In such a case, the customer shall be notified immediately. Any considerations which have already been provided shall be reimbursed without delay. Further claims against Pendim are excluded.

When placing an order in the online store, the customer follows the technical steps as described below in detail:

Click on “Checkout” in the shopping basket displayed on the screen

Redirection to the general order overview page where the customer is guided through the individual stages of the purchase

Step 1 Selection of “Checkout Options” (if the customer does not have a customer account and is not logged in; otherwise the billing and delivery details are already stored);

Entry of “Billing Details”;

If the billing details and delivery details do not differ, there is the option to check” My delivery and billing addresses are the same.” by clicking the box

Step 2 Selection of “Delivery Method” (by clicking on the desired delivery method)

Step 3 Selection of “Payment Method” (by clicking on the desired payment method)

Step 4 In the next stage, the customer is given an overview of the basket content

Completion of order by clicking “Confirm Order”

The customer proceeds to each of the order steps referred to above using the usual functions of the internet browser.


2. Delivery

If the customer is a business, delivery shall generally take place at the customer’s risk. This also applies for partial deliveries. If the customer is a consumer, the risk of accidental loss and accidental deterioration of the sold goods shall only pass to the customer upon handover of the item, even in case of sales involving the carriage of goods. Handover shall be deemed to have taken place even if the buyer delays in accepting the goods. Delivery shall be to the delivery details specified by the customer.

All prices are cash prices and include VAT plus any applicable charges for packaging and carriage.

Additional customs duties and charges for deliveries to countries outside the EU (third countries) shall be borne by the customer.

The goods must be thoroughly inspected by the customer or an authorised individual upon receipt in order to detect any transportation damage.

Customers must ensure that any transportation and packaging damage detected is confirmed in writing by the carrier upon delivery and thomann reported. We also ask, without legal obligation, that customers who are consumers notify us of any clearly identifiable transportation damage.


3. Warranty and compensation

Defects or any other damage caused by negligent or improper treatment of the goods, improper installation, the use of unsuitable accessories or changes made to the original parts by the customer or a third party not commissioned Pendim are not covered by the warranty.

Signs of wear and tear from normal use are also excluded from the warranty.

If the customer accepts the goods or the object of the order despite being aware of a defect, he/she shall only be entitled to assert warranty claims to the extent described below if he/she has expressly reserved the right hereto in writing immediately after receiving the goods.

Warranty claims on the grounds of transportation damage may only be asserted by the customer if the obligation to inspect and report in accordance with number 2 paragraph 4 has been fulfilled. This does not apply if the customer is a consumer.

The warranty period for new items shall be 24 months. The period shall commence upon transfer of risk. Conversely, the warranty period for used items shall be 12 months.

Warranty formalities shall otherwise be carried out in congruence with the legal regulations.

Pendim shall be liable for damage arising from causes other than the detriment to life, body and health only to the extent that such damage arises from wilful misconduct, gross negligence or the culpable violation of a fundamental contractual obligation on the part of Pendim or a vicarious agent (e.g. the delivery service) of Pendim Any further liability for damages shall be excluded. In the event of a negligent breach of a material contractual obligation, the liability of Pendim shall be limited to foreseeable damage.


4. Due date and payment terms

Unless otherwise agreed in writing, invoices from Pendim must be paid in full without delay. Payment is to be made in cash on delivery. Orders paid in advance will be shipped upon receipt of payment. For payments by credit card, the actual sum shall be debited when the invoice is issued and the goods are shipped.

Pendim reserves the right to decline cheques and other non-cash means of payment. Acceptance of these methods shall be for the purpose of payment only. Foreign currency payments shall be credited according to our bank statement. The bank fees must be borne by the customer.

If the customer falls into default on the payment of the purchase price, interest is to be paid on the total purchase price at five percentage points above the respective base rate for the duration of the delay. If Pendim is able to prove that greater damages were suffered as a result of the default, Pendim shall be entitled to assert the corresponding claims on these grounds.