Terms of service
Terms of service
1. Scope of application
2. Contracting party
3. Conclusion of contract
4. Refund policy
5. Prices and shipping costs
6. Delivery
7. Payment
8. Retention of title
9. Warranty for material defects
10. Dispute Settlement
1. Scope of application
These General Terms and Conditions (GTC) apply to all deliveries from Schwarzbunter Pinguin (hereinafter “Seller”) to consumers.
A consumer is any natural person who concludes a legal transaction for a purpose that can predominantly be attributed neither to their commercial nor their independent professional activity.
2. Contracting party
The purchase contract is concluded with Schwarzbunter Pinguin, owner: Katharina Linden, Studtstr. 1, 44137 Dortmund.
3. Conclusion of contract
3.1 The presentation of the products in the online store does not constitute a legally binding offer, but only an invitation to order.
3.2 By clicking on the “Buy now” button, you place a binding order for the goods listed on the order page. A purchase contract is concluded when we accept your order by sending you an order confirmation by e-mail immediately after receiving your order.
4. Refund policy
4.1 Right of withdrawal for consumers
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period is 14 days from the day on which you or a third party named by you, who is not the carrier, took possession of the last goods.
To exercise the right to cancel, you must inform us (Schwarzbunter Pinguin - Katharina Linden, Studtstr. 1, 44137 Dortmund, phone: On request, e-mail: kontakt@schwarzbunterpinguin.com) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). You can use the attached sample withdrawal form, but this is not mandatory. You can also electronically complete and submit the sample withdrawal form or another clear declaration on our website (https://shop.schwarzbunterpinguin.com/pages/contact). If you make use of this option, we will send you a confirmation of receipt of such a withdrawal without delay (e.g. by e-mail).
To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.
4.2 Consequences of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.
You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You shall bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.
4.3 Premature expiry of the right of withdrawal
The right of withdrawal expires prematurely for contracts:
- for the delivery of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer. This applies to all custom-made products.
4.4 Sample withdrawal form
If you wish to cancel the contract, please complete this form and return it to us.
To
Schwarzbunter Pinguin - Katharina Linden
Studtstr. 1
44137 Dortmund
E-Mail: kontakt@schwarzbunterpinguin.com
I/we hereby revoke the contract concluded by me/us for the purchase of the following goods (name, order number and price, if applicable):
..............................................................................
..............................................................................
Ordered on (date):
.............................
Received on (date):
.............................
Name and address of the consumer:
.............................
.............................
.............................
.............................
Date:
....................................................
Customer signature (only for written revocation by post):
....................................................
5. Prices and shipping costs
5.1 The prices stated on the product pages are total prices, unless otherwise stated in the product description. Value added tax for purchases within the EU is not shown, as the small business regulation according to §19 of the Value Added Tax Act (UStG) is used.
5.2 In addition to the prices quoted, we charge flat-rate shipping costs for delivery.
These are within Germany:
1.80 € for small orders up to 19.99 € value of goods, provided they fit into a large letter.
4.15 € (shipping with tracking number) for custom-made & personalized products, orders over 20.00 € value of goods and order quantities that do not fit into a large letter. For orders under €20.00 that fit into a large letter, you can choose between shipping with or without a tracking number.
Orders within Germany and from 50,00 € value of goods will be shipped free of charge including tracking number.
Shipping costs for the following countries: Belgium, Netherlands:
8.90 € for small orders up to 19.99 € value of goods.
14,49 € for orders between 20,00 - 99,99 € value of goods.
Orders over 100,00 € value of goods will be shipped free of charge including tracking number.
The shipping costs are clearly indicated on the product pages and on the order page.
6. Delivery
6.1 Deliveries are made by Deutsche Post or DHL for parcel deliveries. Unfortunately, deliveries to other EU and non-EU countries are currently not possible.
6.2 The delivery time is usually 2-4 days within Germany and 3-8 days to Belgium and the Netherlands. We will point out any deviating delivery times on the respective product page.
6.3 It is possible to collect the goods on site, provided that you have agreed this in advance with the seller by e-mail (schwarzbunterpinguin@gmail.com) or in person. You can only come to collect the goods once the seller has confirmed this. The pick-up location is Studtstr. 1, 44137 Dortmund or as agreed.
7. Payment
7.1 Payment can be made either via Shopify Payments, via PayPal, Google Pay, Apple Pay, Klarna or in cash.
8. Retention of title
The goods shall remain our property until full payment has been made.
9. Warranty for material defects
The seller shall be liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff of the German Civil Code.
10. Dispute Settlement
We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.