Terms of Use & Sale
§ 1 Scope of Application
(1) These General Terms and Conditions of Sale (GTC) apply to all contracts concluded via the websites https://pen.eu and https://europe-pen.com with the company Europe Pen GmbH. Any deviation from these terms requires prior written confirmation from Europe Pen GmbH. A mere reference by the customer to their own general terms and conditions is not sufficient. Upon receipt of the goods at the latest, these GTC are deemed to have been accepted.
(2) Any changes to these GTC will be communicated in writing, by fax, or by email. They will be considered approved if the customer does not object in writing within four weeks of receiving them.
§ 2 Conclusion of the Contract
(1) By placing an order, the customer submits a binding contractual offer. The customer then receives a preliminary, non-binding order confirmation including a summary of their order. The contract between the customer and Europe Pen GmbH is concluded only after the transmission of the print and logo files and the sending of a separate order confirmation by email. Europe Pen GmbH accepts orders by sending a confirmation email no later than 10 days after receiving the print and logo files.
(2) The contract is concluded exclusively in German. German law applies. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.
(3) For orders with delivery to a third party, the original customer is always considered the contracting party, unless otherwise agreed in writing.
(4) For orders billed to a third party, whether in their own name or on behalf of another, both the purchaser and the invoice recipient are jointly regarded as customers. Any subsequent change of the invoice recipient after invoicing implies the new recipient’s tacit acceptance of the debt. By placing the order, the purchaser guarantees that they have the invoice recipient’s consent.
(5) After the contract has been concluded, the customer may not demand changes to the order details. Requests for modification are deemed an offer to terminate the original contract and a new offer for a revised contract based on the modified documents. Europe Pen GmbH is free to accept or reject this offer. If accepted, additional costs may apply, which will be communicated to the customer during the modification process.
(6) The customer confirms that the submitted print and logo files do not contain any personal data within the meaning of Article 4(1) of the GDPR. If the customer believes that a data processing agreement under Article 28(3) of the GDPR is necessary, they must contact Europe Pen GmbH prior to the conclusion of the contract in order to establish one.
(7) Europe Pen GmbH reserves the right to refuse orders or to exceptionally and without notice terminate already concluded contracts if the submitted files contain content that violates the law or third-party rights, including depictions or glorification of violence, discriminatory, insulting, or defamatory statements, as well as pornographic or unconstitutional content.
(8) Europe Pen GmbH reserves the right to sell the goods to a third party as long as the contract has not been concluded.
§ 3 Right of Withdrawal
No voluntary right of withdrawal is granted to business customers within the meaning of Section 14 of the German Civil Code (BGB).
§ 4 Prices
(1) The prices applicable are those in effect at the time of the order. When price offers are time-limited, the validity period is specified on the online store pages.
(2) The online store is intended exclusively for businesses, institutions, self-employed professionals, and associations. Unless otherwise stated, all prices are quoted excluding statutory value-added tax (VAT). When delivery costs apply, they are listed separately in our written offer or prior to online order confirmation and are shown separately on the invoice.
(3) Prices are valid on the condition that the order data on which the offer was based remain unchanged and that printable files are submitted within two weeks from the order date. Only files that comply with Europe Pen GmbH’s print data preparation specifications are considered printable.
§ 5 Registration and Communication
(1) By registering and creating a customer account, the customer accepts these General Terms and Conditions in their current version.
(2) The customer must provide a valid email address no later than when placing the order and must ensure its technical availability from the time of ordering until the contract has been fully executed. This email address remains valid for future orders unless changed or revoked by the customer.
(3) The customer must ensure that emails from Europe Pen GmbH can be received, in particular by properly configuring their spam filter and email software (either locally or through their provider).
(4) Communications from Europe Pen GmbH sent to the email address provided by the customer are deemed received once they have been sent.
(5) The customer may provide proof that a message did not reach them for reasons beyond their control. Europe Pen GmbH is only liable for transmission errors to the extent that they are its responsibility.
(6) Europe Pen GmbH is not obligated to inform the customer in the event of a missing, incorrect, or non-functional email address.
§ 6 Invoicing
(1) The invoice is issued after the shipment of the goods, in electronic PDF format, and sent to the email address provided during the order process. No paper invoice will be issued.
(2) Invoices are prepared in accordance with Section 14(4) of the German Value Added Tax Act (UStG) in the name of the service recipient specified in the order. Subsequent changes that do not result from an address entry error cannot be taken into account. A later change of the invoice recipient is excluded.
(3) If the foreign VAT identification number provided by the customer cannot be validated through the qualified verification procedure of the German Federal Central Tax Office, the order will be invoiced with German VAT (19%), even in the case of cross-border delivery. The risk of non-validation lies with the customer unless the cause falls under the responsibility of Europe Pen GmbH. In such cases, Europe Pen GmbH may, at the customer’s discretion, either carry out the delivery including VAT or resume processing once validation becomes possible.
(4) For deliveries to non-EU countries, the invoice is issued without VAT. Local VAT is charged separately upon import and prepaid by the carrier.
(5) If delivery is made to a country where the customer is not registered for VAT and therefore does not have a valid VAT identification number, Europe Pen GmbH will issue the invoice applying the statutory VAT rate of the destination country.
§ 7 Payment
(1) The available payment methods are those offered during the ordering process. The customer has no entitlement to the use of any specific payment method. Any payment method other than those offered in the online store requires the express written consent of Europe Pen GmbH. Payments by check or bill of exchange are not accepted.
(2) A cash discount applies only if it has been expressly agreed upon. Any improperly deducted discount will be re-invoiced.
(3) Payment terms:
a) For purchases on account via the payment service provider “Billie,” the invoice amount is due within 30 days from receipt of the goods, subject to a positive credit check of the customer.
b) For payments by credit card or electronic payment systems (e.g., PayPal), the charge is made immediately upon completion of the order.
c) For advance payments, the payment period is two weeks after the conclusion of the contract. The order will only be processed once payment has been received.
(4) If, after the conclusion of the contract, it becomes apparent that the customer’s creditworthiness is at risk, Europe Pen GmbH may require advance payment, withhold undelivered goods, or suspend order processing. This also applies if the customer is in default of payment under the same contractual relationship. Section 321(2) of the German Civil Code (BGB) remains applicable.
(5) In the event of late payment, default interest shall be charged. The default interest rate is nine percentage points above the base rate per year. The additional provisions of Section 288 BGB apply.
(6) Customers who provide a valid VAT identification number when placing an order declare that this number remains valid for future orders until expressly revoked by notice to Europe Pen GmbH.
(7) The customer may only offset claims that are undisputed or have been established by a final court judgment. A right of retention may be exercised only if the claim arises from the same contractual relationship.
(8) The provisions of Section 354a of the German Commercial Code (HGB) remain unaffected.
§ 8 Credit Check
(1) Europe Pen GmbH regularly checks creditworthiness when concluding contracts and, in justified cases, also for existing customers.
(2) For this purpose, we reserve the right to transmit the customer’s personal data to credit reporting agencies in order to obtain and process credit information. The result of this verification may affect the available payment methods, particularly the option to pay by invoice.
(3) We currently work with the following agency:
mediaFinanz GmbH
Weiße Breite 5
49084 Osnabrück
Germany
(4) Europe Pen GmbH reserves the right to cooperate with other comparable agencies in the future. In such cases, the customer will be informed prior to any data transmission.
§ 9 Data Protection
(1) The protection of personal data is a top priority for Europe Pen GmbH. Data processing is carried out exclusively in compliance with legal provisions, in particular the GDPR and the German Federal Data Protection Act (BDSG).
(2) For any questions, comments, complaints, or requests for information regarding our privacy policy or the processing of your personal data, you may contact us at any time in writing or by email:
Europe Pen GmbH
Belziger Straße 31b
06889 Lutherstadt Wittenberg (Germany)
E-Mail : privacy@europe-pen.com
§ 10 Print Files and Logos
(1) Europe Pen GmbH carries out all print orders exclusively based on the print and logo files provided by the customer. These files must be submitted only in the formats and according to the specifications indicated in Europe Pen GmbH’s print data preparation guidelines. In case of discrepancies, correct printing cannot be guaranteed.
(2) The customer is obliged to carefully check the files before submission. Europe Pen GmbH does not perform any content checks, including spelling, grammar, layout, or page arrangement.
(3) If Europe Pen GmbH identifies defects in the submitted files, the customer will be informed. As part of their cooperation obligation, the customer must provide correct files or have the data corrected by Europe Pen GmbH for a fee. Failing that, the customer may authorize printing at their own risk with the defective files or cancel the order subject to fees.
(4) The risk of errors in printed products resulting from incorrect files lies solely with the customer. At the customer’s explicit request, and to the extent technically possible, formats other than those specified on the website may be processed. Any necessary conversions are carried out at the customer’s risk.
(5) Any additional costs arising from incorrect files are borne by the customer.
(6) If the submitted files are not in CMYK color mode, Europe Pen GmbH may perform a conversion. Europe Pen GmbH assumes no liability for resulting color deviations. By submitting files in a mode other than CMYK, the customer expressly accepts that the conversion will be carried out at their own risk.
§ 11 Delivery
(1) Europe Pen GmbH delivers exclusively by shipping. Customer pickup is not possible.
(2) The risk of accidental loss or accidental damage to the goods transfers to the customer as soon as Europe Pen GmbH has handed over the goods to the person or entity responsible for shipment. The inspection and notification obligations under Section 377 of the German Commercial Code (HGB) apply.
(3) Deliveries are made free to the following countries: Germany, Austria, Switzerland, Liechtenstein, Spain (including the mainland and Balearic Islands), France, Italy, the Netherlands, Belgium, and Luxembourg. Other European countries are available upon request. “Free to destination” means, for carrier deliveries, up to the first lockable door accessible at ground level, or up to the curb if that is not possible. Sample deliveries are excluded and are charged a flat shipping fee of €5.90 excluding VAT.
(4) Delivery to Packstations, P.O. boxes, or DHL service points is not possible.
(5) The delivery period depends on the receipt of print files, production time, and shipping time. For advance payments, the period begins upon receipt of payment.
(6) Delivery times are expressed in business days (Monday to Friday). Legal holidays, including those applicable only in certain German states or in other European countries, extend the delivery period accordingly.
(7) Firm delivery dates are only valid if they have been expressly confirmed in writing as such by Europe Pen GmbH.
(8) Europe Pen GmbH is entitled to make partial deliveries, provided this is reasonable for the customer and duly considers the interests of both parties.
(9) In the event of a delay in performance, the customer may invoke the rights under Section 323 BGB only if the delay is attributable to Europe Pen GmbH. There is no reversal of the burden of proof. The provisions of Section 376 HGB remain applicable.
(10) Europe Pen GmbH has a right of retention on print samples, raw materials, and other items provided by the customer, in accordance with Section 369 HGB, until full settlement of all due claims arising from the business relationship.
§ 12 Final Delivery
(1) Delivery of the goods takes place during normal business hours.
(2) If the customer is absent at the delivery address, additional fees may be charged for a second or third delivery attempt.
(3) The same applies to return shipping costs if non-delivery is the customer’s responsibility (e.g., incorrect or incomplete address).
(4) A new shipment of the goods will only take place after the customer has fully reimbursed any additional costs incurred.
§ 13 Retention of Title
(1) The delivered goods remain the property of Europe Pen GmbH until full payment of all claims arising from the business relationship. The goods concerned are hereinafter referred to as “retained goods.”
(2) The customer stores the retained goods free of charge for Europe Pen GmbH.
(3) Until an event of realization occurs, the customer is authorized to resell the retained goods in the ordinary course of business.
(4) In the event of resale, the customer hereby assigns to Europe Pen GmbH all claims arising from this resale, including all ancillary rights, up to the invoiced value by Europe Pen GmbH. Europe Pen GmbH accepts this assignment.
(5) The customer is authorized, until revocation, to collect in their own name the claims assigned to Europe Pen GmbH. This authorization may be revoked in the event of legitimate interests, particularly in cases of delayed payment, cessation of payments, initiation of insolvency proceedings, protest of a bill of exchange, or serious indications of over-indebtedness or imminent insolvency.
(6) Pledging or transferring ownership of the retained goods as security is prohibited. In the event of seizure, confiscation, or other third-party interventions, the customer must immediately inform Europe Pen GmbH.
(7) In case of late payment, the customer is obliged to disclose the debtors of the assigned claims. If the value of the securities exceeds Europe Pen GmbH’s claims by more than 50%, Europe Pen GmbH is obliged, at the request of the customer or an affected third party, to release securities at its discretion.
(8) In the event of processing goods delivered by Europe Pen GmbH that remain its property, Europe Pen GmbH is considered the manufacturer within the meaning of Section 950 BGB and retains ownership of the processed products. If third parties participate in the processing or if the value of the processed goods exceeds that of the retained goods, Europe Pen GmbH acquires co-ownership proportional to the value of the retained goods relative to the value of the new item. This co-ownership is also considered retained goods.
(9) In the event of seizure by third parties, the customer must indicate Europe Pen GmbH’s ownership and immediately inform the company.
(10) In the event of a contractually culpable behavior by the customer, particularly in cases of late payment, Europe Pen GmbH may terminate the contract and demand the return of the retained goods.
§ 14 Warranty and Claims for Defects
(1) The customer is obliged to check the conformity of the delivered goods as well as any proofs or intermediate products provided, in accordance with Section 377 HGB, immediately upon receipt. Once production is authorized, the risk of errors transfers to the customer, except for errors that appear only during the subsequent production process.
(2) Apparent defects must be reported in writing within one week of delivery; hidden defects must be reported within one week of discovery. Failure to report within these deadlines excludes any warranty claims. Claims may be submitted by phone, email, or mail to Europe Pen GmbH’s customer service.
(3) Damage or loss must be reported immediately to the carrier in accordance with Section 438 HGB. Apparent transport damage must be reported immediately upon delivery to both the carrier and Europe Pen GmbH.
(4) No claims can be made for non-compliance with specifications regarding print and logo files. This applies in particular to errors concerning color mode (CMYK), resolution, fonts, or formats.
(5) If the delivered goods have a substantial defect, the customer may request proper performance. In the case of a justified claim, Europe Pen GmbH is then obliged to either remedy the defect or provide replacement goods, at its discretion. If supplementary performance fails after several attempts or does not occur within a reasonable period, the customer may demand a price reduction or rescind the contract.
(6) Statements by Europe Pen GmbH do not constitute guarantees of quality but serve solely as performance descriptions. Normal deviations are permitted as long as the intended use is not affected. Minor color variations between different runs, orders, or proofs are not considered defects. Alterations due to aging or environmental conditions are also not considered defects.
(7) Liability for defects that do not significantly affect the value or usability of the goods is excluded. Statements regarding the printing process are non-binding; no specific printing process is guaranteed and cannot form the basis of a claim.
(8) Defects affecting part of a delivery do not justify claims for the entire delivery unless the partial delivery is of no interest to the customer (Section 323(5) BGB).
(9) Supplies from the customer or third parties (data carriers, transmitted files) are not subject to any inspection obligation by Europe Pen GmbH, except in cases of clearly unreadable or unusable data. The customer must use up-to-date antivirus programs before transmission. Data backup is the sole responsibility of the customer. Europe Pen GmbH is authorized, but not obliged, to retain a copy.
(10) Delivery deviations of up to 10% of the ordered quantity are considered compliant with the contract and do not give rise to claims. Invoicing is based on the quantity actually delivered.
(11) In the event of a warranty claim, the defective goods must be returned unless only a price reduction is requested.
§ 15 Liability and Indemnification
(1) Europe Pen GmbH is only liable for damages caused by its legal representatives or vicarious agents in cases of intentional misconduct or gross negligence. However, it is fully liable for damages resulting from injury to life, physical integrity, or health. In the event of a breach of essential contractual obligations, which are necessary for the proper performance of the contract and on which the customer can legitimately rely, Europe Pen GmbH is also liable in cases of slight negligence. Outside of these cases, liability for slight negligence is excluded.
(2) Europe Pen GmbH is not liable for damages that do not directly concern the delivered object, nor for additional costs related to transporting the object to another location. Any liability for loss of profit, indirect, or consequential damages due to slight negligence is excluded.
(3) The above limitations of liability also apply to Europe Pen GmbH’s legal representatives and vicarious agents when they are pursued directly.
(4) The limitations of liability do not apply in cases of fraudulent concealment of a defect or a contractual guarantee given by Europe Pen GmbH.
(5) In the event of a breach of essential contractual obligations due to slight negligence, Europe Pen GmbH’s liability is limited to foreseeable and typical damages at the time the contract was concluded.
(6) In the case of culpable failure to meet firm deadlines or delivery delays, Europe Pen GmbH’s liability is limited to 0.5% of the net order value per full week of delay, without exceeding 5% of that value. Any other claims are excluded, except in the cases provided in paragraphs (1) to (5).
§ 16 Termination and Cancellation
(1) If Europe Pen GmbH terminates the contract in accordance with Section 643 BGB due to lack of customer cooperation (e.g., absence or failure to provide print and logo files despite a set deadline, or absence of print authorization), the customer is obliged to pay Europe Pen GmbH a compensation of 2% of the agreed order amount, with a minimum of €10 excluding VAT. Any costs for data checks or requested proof corrections are added. The customer may demonstrate that no damage or lesser damage occurred; Europe Pen GmbH may demonstrate higher damage.
(2) If no print-ready files are submitted within two weeks, Europe Pen GmbH is entitled to cancel the order before proof approval.
(3) Free cancellation by the customer is only possible until the order confirmation is sent. After this step, compensation is due.
(4) Until print approval, the compensation amounts to 2% of the agreed amount, with a minimum of €10 excluding VAT.
(5) After print approval, the compensation is set at 98% of the agreed amount, plus costs already incurred for data checks and/or proofs. The customer may demonstrate lesser damage; Europe Pen GmbH may demonstrate higher damage.
(6) After a firm cancellation declaration by the customer, Europe Pen GmbH is no longer obliged to deliver goods still in production.
(7) Europe Pen GmbH is entitled to terminate without notice if insolvency proceedings are opened over the customer’s assets or if the customer has made a declaration regarding their assets.
(8) Business interruptions at Europe Pen GmbH, its suppliers, or carriers, such as strikes, lawful lockouts, or force majeure events, entitle termination if continued waiting is no longer reasonable for the customer.
(9) Termination under the preceding paragraph is only possible after two weeks of interruption. In such cases, Europe Pen GmbH is not liable in accordance with § 15.
§ 17 Industrial Property and Copyrights
(1) The customer guarantees that the designs (including image and text files), content, and materials submitted to Europe Pen GmbH do not violate any copyright, trademark, or other property rights, nor any personal rights or other rights of third parties.
(2) The customer declares that they hold the necessary reproduction and usage rights for the submitted data.
(3) In the event of a violation of third-party rights, the customer shall indemnify Europe Pen GmbH upon first request against any claims and undertake to compensate Europe Pen GmbH for all damages, including legal fees.
(4) Europe Pen GmbH is not obliged to check the customer’s files and content for legal compliance. This responsibility lies solely with the customer. However, Europe Pen GmbH reserves the right to permanently block customer accounts in case of repeated violations and to report infringements to the competent authorities.
§ 18 Sample Orders
(1) Samples are delivered only against invoice. No right of return is granted. Unbilled samples remain the property of Europe Pen GmbH and must be returned free of charge upon request.
§ 19 Limitation Period
(1) The customer’s warranty and damages claims, except those arising from intentional misconduct, expire one year after delivery of the goods.
§ 20 Archiving
(1) Data backup is the sole responsibility of the customer. Europe Pen GmbH is authorized to make copies, but the customer remains solely responsible for their preservation and availability.
(2) Europe Pen GmbH reserves the right to store the data submitted by the customer for a maximum period of six months. The customer expressly consents to this. After this period, the data will be deleted, unless a legal provision requires earlier deletion.
(3) Extended archiving of products, data, or media by Europe Pen GmbH is only possible by express agreement and against payment. Insurance of these items is the responsibility of the customer, unless otherwise agreed.
§ 21 Battery Information Obligation
(1) All consumers are legally required to return used batteries to an appropriate collection point. These points are located in stores (places where batteries are sold) and in public institutions.
(2) Batteries purchased from Europe Pen GmbH can also be returned by mail, sufficiently prepaid.
(3) Batteries containing hazardous substances are marked with a crossed-out trash bin symbol, accompanied by the corresponding chemical symbol:
a) “Cd” = cadmium
b) “Hg” = mercury
c) “Pb” = lead
§ 22 Place of Performance and Jurisdiction
(1) German law applies, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
(2) For customers who are merchants, public-law entities, special public assets, or who do not have a competent jurisdiction in Germany, the place of performance and exclusive jurisdiction for all disputes arising from the contractual relationship, including proceedings on bills of exchange, is the registered office of Europe Pen GmbH.
§ 23 Severability Clause
If any provision of these General Terms and Conditions is or becomes invalid or unenforceable, the validity of the remaining provisions shall not be affected. The invalid or unenforceable provision shall be replaced by the legal provision that comes closest to the economic purpose of the original provision.
