Terms of service

General Terms and Conditions of Sale

Scope of Application

These General Terms and Conditions apply to all purchases made from missing-pen e.K. [https://www.missing-pen.com/imprint] by private customers.

Private customers in this sense are individuals residing and having a delivery address in the Federal Republic of Germany, provided that the goods they order cannot be attributed to their commercial or independent professional activity.

Conclusion of Contract

The presentation of our goods and the provision of the opportunity to order represent a concrete offer on our part to enter into a purchase contract.

By placing your order, you accept this offer, and the purchase contract is concluded.

You will receive an order confirmation via email sent to the email address you provided.

Prices and Shipping Costs

The displayed prices include the respective VAT of the country to which the shipment is made. The amount displayed in the shopping cart at the time of the binding order shall apply. Depending on the shipping method as well as the size and weight of the items you order, shipping costs will apply.

Payment

Payment shall be made upon delivery via:

  • Apple Pay

  • Credit Card

  • Giropay

  • Paydirekt

  • PayPal

  • Klarna

If you are in default of payment, missing-pen e.K. is entitled to charge default interest at a rate of 5 percentage points p.a. above the base interest rate announced by the Deutsche Bundesbank at the time of the order. If missing-pen e.K. can prove that it has suffered higher damages due to the default, missing-pen e.K. is entitled to assert such damages.

Right of Retention

The customer is only authorized to exercise a right of retention to the extent that their counterclaim is based on the same contractual relationship.

Delivery

(1) Delivery shall be made within 15 days to the delivery address specified by the customer:

  • worldwide

(2) If force majeure (natural disasters, war, civil war, terrorist attacks) makes the delivery or any other performance permanently impossible, the performance obligation of missing-pen e.K. is excluded. Any amounts already paid will be refunded by missing-pen e.K. without delay.

(3) missing-pen e.K. may also refuse performance if such performance requires an effort that, taking into account the content of the purchase contract and the requirements of good faith (Treu und Glauben), is grossly disproportionate to the customer's interest in the performance of the purchase contract. Any amounts already paid will be refunded by missing-pen e.K. without delay.

(4) Bulky goods (parcels with a volume of more than 1 cubic meter) are generally delivered by a freight forwarding company. missing-pen e.K. expressly points out that these goods will not be carried into the house.

Cost-Effective Shipping Method for Returns

(1) When returning goods and accessories, please use the original packaging if possible, even if it has been damaged by opening it for functional testing.

(2) Please use the fully stamped and addressed return label enclosed with the delivery. This is the simplest and most cost-effective shipping option. You are not obliged to use this return procedure. However, if you choose an unnecessarily expensive shipping method, you may have to pay us the increased costs compared to a more favorable shipping method.

Warranty Rights (Rights in Case of Defects)

(1) At the customer's option, missing-pen e.K. shall replace a defective product (warranty case) with one free of defects or have it professionally repaired at the expense of missing-pen e.K. (subsequent performance / Nacherfüllung). The customer is advised that a warranty case does not exist if the goods have the agreed quality at the time of the transfer of risk. In particular, a warranty case does not exist in the following cases:

  • a) in the event of damage caused by misuse or improper use by the customer,

  • b) for damage resulting from the products being exposed to harmful external influences (in particular extreme temperatures, moisture, extraordinary physical or electrical stress, voltage fluctuations, lightning, static electricity, fire).

(2) Furthermore, missing-pen e.K. is not liable for a defect resulting from improper repair by a service partner not authorized by the manufacturer.

(3) If the type of subsequent performance requested by the customer (replacement delivery or repair) requires an effort that—taking into account the content of the contract and the requirements of good faith (Treu und Glauben), and considering in particular the value of the purchased item in a defect-free state, the significance of the defect, and the question of whether the other type of subsequent performance can be carried out without significant disadvantages for the customer—is grossly disproportionate to the customer's interest in performance, the customer's claim shall be limited to the respective other type of subsequent performance. The right of missing-pen e.K. to refuse this other type of subsequent performance under the aforementioned condition remains unaffected.

(4) In the event of both repair and replacement delivery, the customer is obliged to return the goods to the return address specified by missing-pen e.K. at the expense of missing-pen e.K., stating the order number. Before returning the goods, the customer must remove any items they have inserted or added to the goods. missing-pen e.K. is not obliged to inspect the product for the installation of such items. missing-pen e.K. is liable for the loss of such items only in cases of intent or gross negligence; otherwise, missing-pen e.K. will inform the customer and hold the item ready for collection by the customer at the customer's expense. Before sending a product in for repair or replacement, the customer must also create separate backup copies of the system software, applications, and all data on a separate data carrier and deactivate all passwords. No liability is assumed for loss of data. It is also the customer's responsibility to reinstall the software and data and reactivate the passwords after the repaired or replacement product has been returned to them.

(5) If the customer returns the goods in order to receive a replacement product, the return of the defective product shall be governed by the following provisions: If the customer was able to use the goods in a defect-free condition between delivery and return, the customer must reimburse the value of the benefits derived from such use. The customer must pay compensation for any loss and further deterioration of the goods not caused by the defect, as well as for the impossibility of returning the goods in the period between delivery and return of the goods not caused by the defect. The customer does not have to pay compensation for deterioration caused by the proper and intended use of the item. The obligation to pay compensation for value also does not apply when returning a defective product in the event of a warranty claim:

 

  • a) if the defect that entitles the customer to withdraw from the contract only became apparent during processing or transformation,

  • b) if the deterioration or loss is the responsibility of missing-pen e.K., or if the damage would also have occurred at missing-pen e.K.,

  • c) if the deterioration or damage occurred at the customer's premises, even though the customer exercised the care they usually apply in their own affairs.

(6) The statutory provisions shall apply to the customer's liability for damages in the event of a breach of the obligation to return goods for which the customer is responsible.

(7) The customer may, at their option, withdraw from the contract or reduce the purchase price if the repair or replacement delivery has not led to a contractually compliant condition of the item within a reasonable period.

(8) In addition, claims may also exist against the manufacturer within the framework of a guarantee granted by the manufacturer, which shall be governed by the corresponding guarantee conditions.

(9) The statutory warranty of missing-pen e.K. ends two years after delivery of the goods. The period begins upon receipt of the goods.

Applicable Law

The contract concluded between you and missing-pen e.K. shall be governed exclusively by the laws of the Federal Republic of Germany, to the express exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). The mandatory provisions of the country in which you have your habitual residence remain unaffected.

Place of Jurisdiction

If, contrary to the information provided in your order, you do not have a residence in the Federal Republic of Germany, or if you move your residence abroad after conclusion of the contract, or if your residence is unknown at the time the action is brought, the place of jurisdiction for all disputes arising from and in connection with the contractual relationship shall be Germany.

Dispute Resolution

General information obligations for alternative dispute resolution pursuant to Art. 14 para. 1 ODR-VO and Section 36 VSBG (Consumer Dispute Resolution Act):

The European Commission provides a platform for online dispute resolution (ODR), which can be found at http://ec.europa.eu/consumers/odr/. We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

Final Provisions

(1) Should individual provisions of this contract be or become invalid or void in whole or in part, this shall not affect the validity of the remaining provisions of the contract, provided that this does not result in an unreasonable disadvantage for one of the contracting parties.

(2) Amendments or supplements to this contract must be made in writing.