Terms and Conditions

General Terms and Conditions

of Penmacol GmbH

Sachsstr. 30
50259 Pulheim
Germany

§ 1 Scope and Provider

(1) These General Terms and Conditions apply to all contracts concluded between Penmacol GmbH, Sachsstr. 30, 50259 Pulheim, Germany, and its customers via the online shop at APAERZ.de.

(2) The provider and contracting party is:

Penmacol GmbH
Sachsstr. 30
50259 Pulheim
Germany

Managing Director: Ruijie Peng
Commercial Register: Local Court of Cologne, HRB 65160
VAT Identification Number: DE 263 860 312
Phone: 02234 9335 766

(3) Customers within the meaning of these General Terms and Conditions may be consumers or entrepreneurs.

(4) A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their self-employed professional activity.

(5) An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding the contract, acts in the exercise of their commercial or self-employed professional activity.

§ 2 Conclusion of the Contract

(1) The presentation of products in the online shop does not constitute a legally binding offer to conclude a purchase contract, but an invitation to place an order.

(2) By clicking the order button, the customer submits a binding order for the goods contained in the shopping cart.

(3) The contract is concluded when we accept the order by sending an order confirmation by email or by dispatching the goods to the customer.

(4) The language available for the conclusion of the contract is German.

(5) We store the text of the contract. The specific order details and the contractual provisions applicable at the time of the order are sent to the customer by email together with the order confirmation.

(6) Input errors can be identified and corrected before submitting the order using the technical functions provided for this purpose in the online shop.

§ 3 Prices and Payment Terms

(1) The prices shown on the product pages are final prices and include statutory VAT.

(2) Shipping costs may apply in addition. The amount of the shipping costs is displayed to the customer in the online shop and during the ordering process.

(3) The payment methods shown in the online shop are available to the customer.

(4) The purchase price is due immediately after conclusion of the contract unless otherwise stated for the respective payment method.

(5) If advance payment is selected, processing and dispatch of the order will begin only after full payment has been received.

§ 4 Delivery and Delivery Times

(1) The delivery time is stated on the respective product page.

(2) Unless a different delivery time is stated on the respective product page, delivery within Germany generally takes 1–2 business days and international deliveries generally take 2–8 business days.

(3) In the case of advance payment, the delivery period begins only after full payment has been received.

(4) The countries currently available for delivery and the applicable shipping costs are listed on our “Shipping & Delivery” page.

(5) Where an order contains several items with different delivery times, the items may generally be delivered together unless otherwise agreed.

(6) If delivery is temporarily not possible due to force majeure or other circumstances beyond our control, the delivery period will be extended appropriately. The customer’s statutory rights remain unaffected.

§ 5 Retention of Title

(1) The goods remain our property until the purchase price has been paid in full.

(2) The following additionally applies to entrepreneurs: we retain title to the goods until all claims arising from the ongoing business relationship have been settled in full.

§ 6 Statutory Right of Withdrawal

(1) Consumers have the statutory right of withdrawal in accordance with the applicable legal provisions.

(2) Details regarding the statutory right of withdrawal, the withdrawal period and the exercise of the right of withdrawal are set out in the separate Right of Withdrawal information.

(3) To exercise the right of withdrawal, the customer may in particular use the electronic withdrawal function provided in the online shop.

(4) The consumer bears the direct cost of returning the goods unless we have expressly agreed to bear these costs.

(5) The statutory provisions governing the right of withdrawal remain unaffected.

§ 7 Voluntary 30-Day Return Policy

(1) In addition to the statutory right of withdrawal, we grant consumers a voluntary return period of 30 days from receipt of the goods.

(2) The voluntary return policy may be exercised independently of the statutory right of withdrawal. The consumer’s statutory rights, in particular the statutory right of withdrawal and statutory rights in relation to defects, are not restricted by this voluntary return policy.

(3) For a voluntary return, the goods should, where possible, be unused, undamaged and in a condition suitable for resale.

(4) The original packaging should be used for the return where possible.

(5) The customer bears the cost of returning the goods under the voluntary 30-day return policy.

(6) The voluntary return policy applies only within the scope of the conditions provided for it. Statutory rights remain unaffected.

§ 8 Transport Damage

(1) We ask consumers to check the goods as soon as possible after delivery for completeness, obvious damage and visible transport damage.

(2) Where possible, obvious transport damage should be documented and reported to the delivery service and also communicated to us as soon as possible.

(3) Failure to carry out such an inspection or notification does not affect the consumer’s statutory rights in relation to defects.

§ 9 Warranty and Liability for Defects

(1) Statutory Rights in Relation to Defects

The statutory rights in relation to defects apply.

(2) Deviations from Objective Requirements

Where a characteristic of the goods deviates from the objective requirements, such deviation shall be deemed agreed only if we have specifically informed you of the deviation before you submit your contractual declaration and the deviation has been expressly and separately agreed between the contracting parties.

(3) Special Provisions for Entrepreneurs

If you are an entrepreneur, the following provisions apply in deviation from the provisions above:

a) The agreed characteristics of the goods are generally determined by our own specifications and the manufacturer’s specifications incorporated into the product description. Public statements, advertising claims and other promotional statements made by the manufacturer or other third parties are taken into account only to the extent required by law.

b) In the event of defects, the statutory provisions on supplementary performance apply.

The purchaser may generally choose the type of supplementary performance provided for by law. The right to refuse the type of supplementary performance chosen by the purchaser where the statutory requirements for such refusal are met remains unaffected.

c) In relation to entrepreneurs, the limitation period for claims relating to defects in newly manufactured goods is one year from delivery of the goods.

The above reduction of the limitation period does not apply:

• to claims for damages arising from injury to life, body or health caused by a breach of duty for which we are responsible;
• to other claims for damages based on an intentional or grossly negligent breach of duty by us, our legal representatives or agents;
• where we have fraudulently concealed the defect or assumed a guarantee for the quality of the goods;
• to claims based on mandatory statutory provisions, in particular in relation to items that have been used for a building in accordance with their customary purpose and have caused the building to become defective;
• to statutory recourse claims by the entrepreneur against us.

(4) Duty of Inspection and Notification for Entrepreneurs

If the customer is an entrepreneur and the purchase constitutes a commercial transaction for both parties, the statutory duties of inspection and notification pursuant to Section 377 of the German Commercial Code (HGB) additionally apply.

In this case, the entrepreneur must inspect the goods without undue delay after delivery, insofar as this is feasible in the ordinary course of business, and must notify us without undue delay of any identifiable defects.

The statutory provisions apply to defects that were not identifiable.

§ 10 Liability

(1) We are liable without limitation for damages arising from injury to life, body or health caused by an intentional or negligent breach of duty by us, our legal representatives or agents.

(2) For other damages, we are liable without limitation in cases of intent and gross negligence.

(3) In cases of ordinary negligence, we are liable only for the breach of material contractual obligations. In such cases, our liability is limited to the damage that was foreseeable at the time the contract was concluded and is typical for this type of contract.

(4) The above limitations of liability do not apply where mandatory statutory provisions provide otherwise, in particular in relation to claims under the German Product Liability Act or on the basis of a guarantee assumed by us.

§ 11 Data Protection

(1) Information regarding the processing of personal data is set out in our Privacy Policy.

(2) The current Privacy Policy can be accessed on our website at any time.

§ 12 Consumer Dispute Resolution

(1) We are generally not willing to participate in dispute resolution proceedings before a consumer arbitration board.

(2) Statutory information obligations under the German Consumer Dispute Resolution Act remain unaffected.

§ 13 Applicable Law

(1) The law of the Federal Republic of Germany applies, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

(2) In relation to consumers, this choice of law applies only insofar as it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence.

§ 14 Jurisdiction

(1) The statutory places of jurisdiction apply to consumers.

(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, our registered office shall be the place of jurisdiction for all disputes arising from contractual relationships between us and the customer.

(3) The same applies if the customer has no general place of jurisdiction in Germany or if their domicile or habitual residence is unknown at the time legal proceedings are initiated.

§ 15 Severability

(1) If individual provisions of these General Terms and Conditions are or become wholly or partially invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by the applicable statutory provisions.

Last updated: September 5, 2026