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 Directors: Torsten Jahn, Arno Telkämper
 

(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, it is mandatory to choose LIEBL online GmbH, Hermann Geib-Str. 16, 93053 Regensburg, Germany as an authorized Maki-e pen retailer.

 

§ 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 may declare the revocation of your contractual statement in text form (e.g. letter, email) within a period of two weeks. The revocation period commences the day following the receipt of this revocation instruction in text form. The time-limit shall be deemed to be observed by the timely dispatch of the declaration of revocation or the return shipment.

The revocation is to be addressed to:

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

 

Consequences of revocation

In case of a valid revocation, all mutually received performances as well as emoluments taken (e.g. interest), if applicable, are to be restituted by either side. If you are unable or partially unable to restitute the merchandise to us or can only restitute it in a deteriorated condition, then you have to insofar compensate for its value where applicable.

All reimbursement obligations must be fulfilled within 30 days of the declaration of revocation. This term commences for you with sending the revocation, for us with the receipt thereof.

End of revocation instruction