General Terms and Conditions for Unique MAKI-E pen Internet auctions

§ 1 Scope

(1) These General Terms and Conditions (Terms) apply to internet auctions for Maki-e pen unique items that never were or will be part of a PELIKAN collection (hereinafter "Unique Maki-e pen"), provided by Pelikan Vertriebsgesellschaft mbH & Co. KG (hereinafter "Pelikan") for consumers. A consumer means every natural person who enters into a legal transaction for a purpose that is outside his trade, business or profession.

(2) Participation of persons, who are not consumers, as defined above is not permitted.

 

§ 2 Preliminary Contract

(1) By placing a Unique Maki-e pen in the auction, we make a binding offer to conclude a contract, which implies the right and the obligation to conclude for the indicated price a purchase contract for this Unique Maki-e pen with an authorized Maki-e pen retailer (hereinafter "preliminary contract"). Our offer expires, if another bidder places a higher bid during the auction offering period. The bid of that bidder then becomes our binding offer.

(2) The preliminary contract is concluded at the end of the auction offering period between the highest bidder and

Pelikan Vertriebsgesellschaft mbH & Co. KG
POB 11 07 55 / Werftstraße 9
30102 Hannover / 30163 Hannover
Telephone: +49 (0)511 6969-0
Fax: +49 (0) 511 6969-212
E-mail : auction@pelikan.com

Domicile of company: Hannover
Register Court: District Court Hannover (HRA 24756)

VAT Id. No. DE 115692598
Personally liable shareholder: Pelikan Vertrieb Verwaltungs GmbH
Domicile of company: Hannover
Register Court: District Court Hannover (HRB 51230)
Managing Director: Torsten Jahn

(3) The right and obligation to conclude a contract, implied by the preliminary contract, entitles the highest bidder (hereinafter “preliminary contract purchaser”), to conclude a purchase contract for the Unique Maki-e pen with the authorized Maki-e pen retailer, he has chosen at his participation registration.

 

§ 3 Purchase Contract

(1) The actual purchase contract for the Unique Maki-e pen is to be concluded between the preliminary contract purchaser and the authorized Maki-e pen retailer, who has committed to Pelikan to enter into such a purchase contract with the preliminary contract purchaser.

(2) The offer to conclude a purchase contract for the Unique Maki-e pen is subject to the national legal conditions of the authorized Maki-e pen retailer, with exception of the purchase price, which is determined by the preliminary contract, the requirement to pay by cash in advance and to conclude the purchase contract, both within two weeks from acceptance of the bid.

(3) The preliminary contract is terminated, if the preliminary contract purchaser either fails to accept the offer of the Maki-e pen retailer to enter into a purchase contract under his conditions within two weeks, starting on acceptance of the bid, or fails to pay by cash in advance within this period.

(4) If the preliminary contract is terminated, Pelikan will offer the next-highest bidder in the auction, the Unique MAKI-E pen for the respective price. If he accepts a preliminary contract is concluded with him. Moreover, the Terms also apply in this case accordingly.

 

§ 4 Purchase Price and Payment

(1) The purchase price determined by the preliminary contract includes VAT and all other price components.

(2) The auction is conducted on basis of Euro currency. However, the preliminary contract is concluded in the currency set by the authorized MAKI-E pen retailer and accepted by the preliminary contract purchaser within the registration process. The highest bidding price in Euro currency, being the accepted bid of the preliminary contract purchaser, shall be converted at the daily rate to the chosen currency. This purchase price in the selected currency will be communicated to the preliminary contract purchaser via confirmation e-mail.

(3) The preliminary contract purchaser pays cash in advance only to the authorized MAKI E pen retailer, subject to conclusion of the purchase contract with him.

 

§ 5 Registration

(1) Participation in the auctions conducted by us requires a registration. Registration is free. It is accomplished by opening an account with the consent of participants, among other things to these Terms. Registration is permitted only natural persons, who are the consumers concerned.

(2) Inquired data within the application process has to be given fully and correctly, e.g. first name and last name, current address (no PO Box) and phone number and a valid e-mail address. If the data given changes after the application, participant is committed to correct the statements in his account immediately.

(3) Upon registration the participants select a user name and a password. Participants must keep their password secret and secure access to their member's account carefully. Participants are required to notify Pelikan promptly if there is evidence that a participant's account has been misused by third parties. Participants are liable for all activities that occur under their account.

(4) Upon registration the participant selects one of the listed authorized Maki-e pen retailers, with whom he would like to enter into a contract, if a preliminary purchase contract is concluded. The selected authorized Maki-e pen dealer must necessarily be based in the country in which the participant resides. If in the participant’s resident country no authorized Maki-e pen retailer is located, Pelikan will individually get in touch with you with a possible shipping solution. The Maki-e pens of the Unique Collection 2014 are all shipped from Japan.

 

§ 6 Warranty

(1) Without time limitation Pelikan grants a worldwide warranty for the Unique Maki-e pen on material and workmanship. Subject to this, by shipment of the Unique Maki-e pen to Pelikan a free repair is guaranteed. The warranty does not cover loss, wear and tear, misuse and inadequate care, damage caused by mishandling and fitting on of non-genuine parts. Inks are not covered by this warranty.

(2) All other legal rights of the preliminary contract purchaser are not impaired by this warranty, including statutory warranties.

 

§ 7 Final Provisions

(1) Should any provision of these Terms prove to be invalid, this shall not affect the validity of the Terms as a whole. Instead of the invalid provision, the relevant statutory provision shall apply.

(2) The present Terms shall be governed by German law, whereby the United Nations Convention on Contracts for the International Sale of Goods shall not apply.

 

Revocation Instruction

Right of Revocation

You have the right to withdraw from this agreement within fourteen days without stating a reason. The period of revocation is fourteen days from the date on which the goods were received by you or by a third person appointed by you, who is not the carrier.

In order to exercise your right of revocation, you must notify us

Pelikan Vertriebsgesellschaft mbH & Co. KG
Werftstraße 9
30163 Hannover
Telefax: +49 (0) 511 6969-212
E-mail : auction@pelikan.com

accordingly in an unequivocal statement (e.g. letter sent by post, telefax or e-mail) of your decision to withdraw from the agreement. You may use the attached sample revocation form for this purpose, however this is not mandatory.

Sending notification of your intention to exercise your right of revocation prior to expiry of the period of revocation shall be sufficient to comply with the period of revocation.

Consequences of revocation

If you withdraw from this agreement, we shall refund all payments that we have received from you, including delivery costs (with the exception of additional costs that arise if you have selected a form of delivery other than the cheapest form of standard delivery offered by us) without undue delay and within fourteen days at the latest from the date on which we received the notice of revocation. For this refund we use the same method of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees for this refund.

You must return or hand over the goods to us without undue delay and, at all events, within fourteen days at the latest from the date on which you notified us of your withdrawal from the agreement. The deadline shall be deemed to have been complied with if the goods are dispatched prior to expiry of the deadline.

We shall bear the costs of returning the goods.

You shall only be required to compensate any loss of value if said loss of value can be attributed to any unnecessary handling of the goods for the purpose of testing the condition, properties and functionality of said goods.

Revocation-Form

If you wish to withdraw from the agreement, please fill in this form and send it back to:

Pelikan Vertriebsgesellschaft mbH & Co. KG
Werftstraße 9
30163 Hannover
Telefax: +49 (0) 511 6969-212
E-mail : auction@pelikan.com

I/we (*) hereby withdraw from the agreement signed by me/us (*) for the purchase of the following goods (*)

  • Ordered on (*)/received on (*)
  • Name of consumer(s)
  • Address of consumer(s):
  • Signature of consumer(s):
  • date

_____________________

(*) delete as appropriate