General Terms of Business of Sale
("TERMS AND CONDITIONS")
1. In General
1.1. Contractual partners
Pamono Inc., c/o APRIO, LLP, 5 Concourse Pkwy, Suite 1000 Atlanta GA 30328, United States (Pamono Inc hereinafter referred to as "Pamono" or "we") operates a Home & Living Shop ("Web Shop") at www.pamono.com through which the customer ("customer" or "You") can buy products from Pamono, which Pamono, in turn, acquires from dealers. If the place of delivery is outside the US the contractual partner is the Pamono GmbH, Uhlandstraße 175, 10719 Berlin, Germany.
1.2. Validity of the General Terms of Business
These terms and conditions of business hold good for all contracts between Pamono and the customer relating to the sales of goods as concluded through the Web Shop in the version valid at the time of the order. The customer's general terms of business in opposition to, at variance with or in addition to the stipulations below are not applied unless we have agreed to their validity in writing. The following terms of business also retain their sole validity when we unreservedly carry out the delivery and service although aware of counteracting conditions of the customer or ones at variance to the following terms of business.
1.3. Downloading the General Terms of Business
You can inspect, print and store these terms and conditions in their current version at any time under the "Terms of Business" link on the Web Shop homepage.
1.4. Particulars as to Deadlines
Working days indicated as deadlines refer to all days of the week except for Saturdays, Sundays and public holidays.
Jump to Top2. Registration and Use
2.1 Registration
To order goods through our Web Shop, you need to create a customer account and specify your personal data. Find out everything about how your data is handled in our data privacy protection statement.
2.2 Correctness and use of user data
The user is responsible for entering his/her particulars as required for registration in a true and complete manner. He/she furthermore undertakes to confidentially handle the access data and not to pass it on to third parties. The registration is confirmed immediately after being sent.
2.3 Multiple registrations
The user is not entitled to simultaneously have several customer accounts at Pamono. Pamono reserves the right to delete multiple registrations, to make use of the virtual property rights, and to warn and give notice to customers who infringe the member stipulations listed under sub-sections 2.1 to 2.2.
Jump to Top3. Supply and Availability
3.1. Product images
The goods which Pamono has on offer are shown in images on the website. Slight deviations between what is depicted and actual characteristics do not represent any shortcomings on the part of the ordered product. There may, for instance, be differences in color due to differing light conditions.
3.2. Availability
Whether or not we accept your order depends on several factors, including the availability of the product. Many of the goods on offer in our Web Shop are unique items; therefore, their availability cannot be guaranteed. We will immediately let you know if we cannot accept your order as a result of the dealer not being able to confirm the goods’ availability. If you as an individual or as an entrepreneur intend to place a large order, please send us an email to contact@pamono.com prior to your order so we can check availability.
Jump to Top4. Contract Finalization
4.1. Contractual partner
Your contractual partner is Pamono Inc, c/o APRIO, LLP, 5 Concourse Pkwy, Suite 1000 Atlanta GA 30328, USA.
If the place of delivery is outside the US the contractual partner is the Pamono GmbH, Uhlandstraße 175, 10719 Berlin, Germany.
4.2. Ordering
The display of the products in the online shop does not represent a legally binding offer but a non-binding online catalogue. By clicking the "Buy now" button you submit a binding order for the goods contained in the shopping basket. The confirmation of the order is sent immediately after the order has been placed and does not yet represent any contractual acceptance. Its sole purpose is to provide you with an overview of your order request. You can also check on your order information and data in your password-protected user account.
Please ensure your order details are correct and you are logged in as a trade customer if this applies. Once your order is placed we are no longer able to make an adjustment to your invoice including VAT and/or sales tax charged, billing name or billing address.
4.3. Accepting the order
We accept your order by e-mailing you an order acceptance within five days. Only after receiving an acceptance of the order will any payments undertaken by the customer - including wire transfer - become due.
Jump to Top5. Right of Withdrawal by Pamono in case of non-availability after Conclusion of the Contract
In case the product, for reasons for which Pamono is not responsible, is not available at the dealer's with whom the matching cover transaction exists, then Pamono shall immediately inform the customer about this non-availability. In such an instance, Pamono may withdraw from the contract. Given a case of withdrawal, Pamono shall immediately reimburse the customer any payments already effected.
Jump to Top6. Price
6.1. Price particulars
For all orders with Pamono.com the price of the offer listed at the time of the order is in US-Dollars, for Pamono.eu the price is in Euros and for Pamono.co.uk the price is in Pounds sterling. The prices specified are final prices in that they include in each case the statutory value-added tax and/or sales tax (if applicable) as well as other price constituents excluding the shipping cost and other local taxes and duties.
6.2. Vouchers, customer credit balances, sale promotions
Only one type of discounting can be redeemed with respect to each single order in the Web Shop. Vouchers can be used only once per order. They are not combinable one to the other or with customer credit balances. Unless otherwise expressly indicated, "sale" promotion supply offers are excluded from percentage-based vouchers.
Jump to Top7. Pay Settlements
7.1. Payment variants provided
The payment methods for purchases as indicated in the ordering process are made available for you on Pamono.com. They are currently PayPal (paypal.de), credit card (Visa, MasterCard, American Express) and payment in advance.
7.2. Credit card payments
Credit card details can be entered on our secure payment pages. The data is sent encoded directly from the SSL system to the credit card company. Following a successful credit card examination, the invoiced amount is automatically and immediately debited. With the transaction completed, we then process your order within the specified delivery time. Credit notes from returns are re-booked onto your credit card.
7.3. PayPal payments
For PayPal payments, you will be directed to the PayPal payment pages. You specify your account information there and confirm payment to Pamono Inc. A settlement is immediately arranged. Credit notes from returns are credited to your Paypal account.
Jump to Top8. Retention of Title
The delivered product remains the property of Pamono or the dealer in question up to full settlement by the customer.
Jump to Top9. Delivery, Despatch and Costs
9.1. Delivery and despatch
The type and size of the product determines whether despatch is undertaken through the post or with a forwarding agent based in United States, Germany, Australia, Belgium, Denmark, France, Ireland, Italy, Canada, Netherlands, Austria, Sweden, Switzerland, Spain and the United Kingdom. Pamono bears the delivery risk if the customer is the consumer.
9.2. Partial deliveries
Pamono is entitled to furnish partial deliveries.
9.3. Delivery and despatch costs
The goods are delivered at the costs indicated in the products on offer. They, in turn, depend on the number of orders at various dealers, delivery address and the weight/size of the goods. Any import sales tax as well as any customs and processing charges on goods being despatched into non-EU countries are not included in the delivery and dispatch costs and will have to be paid before the delivery takes place.
All islands, as well as the states of Hawaii and Alaska in the United States, are excluded from our standard shipping rates displayed online.
For any orders to these areas, please mail to contact@pamono.com before placing an order to receive a shipping quote. Please note this list is not exhaustive and we may ask for additional shipping charges to remote areas.
9.4 Delivery time
The delivery times specified in the Web Shop are calculated from when the order is confirmed (contract finalization) or, in the case of a purchase involving advance payment, from the time that Pamono receives the payment.
Timely delivery of the Product to you is dependent on the prompt fulfillment by the subject dealer of the related transaction.
9.5. Rights of withdrawal given a default in delivery
Pamono will immediately inform the customer about the start and end of any hindrances making it impossible to keep to the specified delivery time. The customer may withdraw from the contract should the delay in delivery last for over four weeks. This right does not affect the customer's statutory right of cancellation (see Section 10 of these terms and conditions). Pamono may also withdraw from the contract given a delay in delivery of over four weeks. Given a case of withdrawal from the contract by the customer and/or by Pamono, we will immediately reimburse the customer any payments already effected.
Jump to Top10. Cancellation Terms & Conditions
From when the cancellation terms & conditions apply
Right of cancellation
You may withdraw from any contract formed pursuant to these terms without any reasons being given within two days.
The cancellation period is two days from the date on which you or a third party nominated by yourself - but who is not the forwarding agent (the "Third party") - takes possession of the goods.
For a contract concerning a number of different goods which you ordered within a single order, the above cancellation period begins first on the date when you yourself or the third party took possession of the last product.
For a contract concerning a product subdivided into several partial consignments or single items, the above cancellation period begins only on the date when you yourself or the third party took possession of the last partial consignment or the last item.
To exercise your cancellation right you need to inform us Pamono Inc in an unequivocal, written statement (e.g. a letter sent through the post, telefax or e-mail) about your decision to cancel this contract: contact@pamono.com or via mail Pamono Inc. PO Box 3514 PMB 11745 New York, NY 10008, United States. For this, you can use the non-prescribed, attached specimen cancellation form.
To comply with the cancellation period, it is sufficient in itself to send the notification relating to exercising one's right of cancellation prior to expiry of the cancellation period.
Please note that orders of products that are made to order cannot be canceled once their production has been started. As such, the right to return does not apply to items that are made to order.
The consequences of cancellation
Should you cancel this contract, then we shall pay back to you all payments which we have received from you exclusive of the delivery and return shipping cost at the latest within seven days after your return shipment was received back in its original condition. For this refund we will deploy the same means of payment which you used for the original transaction unless something different has been expressly agreed to with you.
The following applies to goods sent to you by post. You shall immediately return the goods to us – in all cases - within two days from the date on which you informed us about the cancellation of this contract, or to hand them over to someone that we have charged with accepting the goods. The time requirement is fulfilled if you despatch the goods prior to expiry of the two-day period. You shall bear the direct costs of returning the goods.
The following applies to goods not sent to you by post. We shall pick up the goods. You shall bear the direct costs of returning the goods. The costs are estimated, at a maximum, to be the amount corresponding to those associated with the return despatch of equivalent goods.
You are required to compensate us for any loss in value of the goods if you have unnecessarily handled the goods when checking on their condition, properties and mode of operation.
Specimen cancellation form
- To Pamono Inc., PO Box 3514 PMB 11745 New York, NY 10008, United States, contact@pamono.com
- I/we (*) hereby cancel the contract concluded by myself/us (*) on purchasing the following goods: (...)
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only with a paper notification)
- Date
(*) Delete what is inapplicable.
Jump to Top11. Questions on the Order
Contact our after-sales service below should you have any service queries:
Contact: http://www.pamono.com/contact
E-mail: contact@pamono.com
Pamono Inc.
Box 3514 PMB
11745 New York,
NY 10008,
United States
Telephone: +19299770280 (USA), +49 (0)30 629375610 (GER)
12. Warranty and Liability
12.1. How consumer law relates to this warranty
This warranty gives you specific legal rights, and you may have other rights that vary from state to state. Other than as permitted by law, Pamono does not exclude, limit or suspend other rights you may have, including those that may arise from the nonconformity of a sales contract.
12.2. Limited warranty
Pamono warrants only that it has no reason to believe that the description of the goods as it appears on the Pamono website is false or misleading. This limited warranty expires automatically, without notice, twelve (12) months after your receipt of the goods in question.
12.3. Inspection duty
YOU UNDERSTAND THAT THE GOODS WHICH ARE SUBJECT OF THESE TERMS AND CONDITIONS ARE LIKELY USED, NOT NEWLY MANUFACTURED. THEREFORE, TO AVOID PERSONAL OR PROPERTY DAMAGE IT IS ESSENTIAL THAT YOU CAREFULLY INSPECT THE GOODS BEFORE USING THEM. THIS IS PARTICULARLY TRUE IF THE GOODS INVOLVE ELECTRICITY OR WATER OR PREPARATION OR CONTACT WITH FOOD OR DRINK. THE INSPECTION MUST BE COMPLETE WITHIN SEVEN DAYS OF YOUR RECEIPT. IF YOU HAVE ANY DOUBT ABOUT THE SAFETY OF THE GOODS, DO NOT USE THEM AND CONTACT US IMMEDIATELY.
12.4. Warranty limitations subject to consumer law
To the extent permitted by law, this warranty and the remedies set forth are exclusive and in lieu of all other warranties, remedies and conditions, whether oral, written, statutory, express or implied. PAMONO DISCLAIMS ALL STATUTORY AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS, TO THE EXTENT PERMITTED BY LAW. In so far as such warranties cannot be disclaimed, Pamono limits the duration and remedies of such warranties to the duration of this express warranty and, at Pamono's option, the repair or replacement services described herein. Some states do not allow limitations on how long an implied warranty (or condition) may last, so the limitation described above may not apply to you.
12.5. LIMITATION OF LIABILITY
EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, PAMONO IS NOT RESPONSIBLE FOR DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOSS OF USE; LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING LOSS OF PROFITS ON CONTRACTS); LOSS OF THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION; OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER CAUSED INCLUDING THE REPLACEMENT OF EQUIPMENT AND PROPERTY.
The foregoing limitation shall not apply to death or personal injury claims, or any statutory liability for intentional and gross negligent acts and/or omissions.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
12.6. GENERAL
No Pamono agent or employee is authorized to make any modification, extension, or addition to this Warranty. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired.
Jump to Top13. Promotional Vouchers
13.1. Offer and validity of promotional vouchers
Pamono offers promotional vouchers (vouchers that cannot be bought but which we hand out with a certain validity period attached as part of publicity campaigns). Promotional vouchers are valid only for the period specified and can be redeemed only as part of an order. Single items may be excluded from the voucher promotion.
13.2. Value of the goods and remaining balances with promotion vouchers
The value of the order must be equal to or exceed the promotion voucher amount. Remaining balances will not be refunded.
13.3. Redeeming promotional vouchers
Promotional vouchers can be redeemed only before conclusion of the relevant order. No subsequent offsetting is permitted. The credit balance of a promotional voucher is neither paid out in cash nor is interest paid on it but it does not expire except on the stated expiration date.
13.4. Passing promotional vouchers onto third parties and combining them
The promotional voucher cannot be transferred to third parties. Promotional vouchers cannot be combined.
13.5. Balancing the remaining amount
If a promotional voucher credit balance is not equal to or exceed the price of the order, the difference can be offset by normal payment methods.
13.6. Reimbursement of promotional vouchers
No refunding of the promotional voucher shall be made if the product or a part of it is returned given that the promotional voucher was issued as part of a publicity campaign and nothing in return was furnished.
Jump to Top14. Data Privacy Protection
The data privacy protection statement of Pamono is here.
Jump to Top15. Miscellaneous
15.1. Applicable Law
These terms and conditions of sale are subject to the law of the State of Georgia, without regard to its choice of law provisions. The UN Convention on Contracts for the International Sale of Goods is hereby excluded
15.2. Changes to these terms and conditions
Pamono reserves the right to change these terms and conditions at any time given that the changes involved are not unreasonably prejudicial to the user. We will e-mail any changes to the terms and conditions at least four weeks before they come into force. The changes are deemed to be approved unless you object to them through an e-mail to service@pamono.com
15.3. Ineffectiveness of individual clauses
The fact of a stipulation of these terms and conditions being ineffective does not impinge on the effectiveness of the others.
15.4. Place of jurisdiction
To the extent permitted by applicable law, the parties agree that the sole place of jurisdiction for resolution of any disputes arising from these terms and conditions shall be Atlanta, Georgia and each party consents to such jurisdiction.
Berlin is the sole place of jurisdiction for any disputes arising from these terms and conditions given that the customer has no national general place of jurisdiction, has moved his place of residence or customary location where he is to be found or Pamono is unaware of the place of residence or the customary location where the customer is to be found at the time of the legal proceedings.
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