Terms of service
Last updated: 27 February 2025
Table of Contents
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Scope
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Conclusion of Contract
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Right to Cancel
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Prices and Payment Terms
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Delivery and Shipping Terms
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Retention of Title
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Liability for Defects (Warranty)
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Applicable Law
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Alternative Dispute Resolution
1) Scope
1.1 These General Terms and Conditions (hereinafter “Terms”) of Pibalu (hereinafter “Seller”) apply to all contracts for the delivery of goods concluded between a consumer or trader (hereinafter “Customer”) and the Seller in relation to the goods presented in the Seller’s online shop. The inclusion of the Customer’s own terms is hereby excluded unless otherwise agreed.
1.2 A consumer within the meaning of these Terms is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.
1.3 A trader within the meaning of these Terms is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their trade, business or profession.
2) Conclusion of Contract
2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers on the part of the Seller but serve to enable the Customer to submit a binding offer.
2.2 The Customer may submit the offer via the online order form integrated into the Seller’s online shop. By clicking the button that completes the order process after placing the selected goods in the shopping basket and completing the electronic ordering procedure, the Customer submits a legally binding contractual offer in respect of the goods contained in the basket.
2.3 If the Customer selects a payment method offered via PayPal, payment processing is carried out via PayPal (Europe) S.à r.l. et Cie, S.C.A., Luxembourg, in accordance with PayPal’s terms and conditions. If the Customer selects a PayPal payment method during the ordering process, the Seller hereby declares acceptance of the Customer’s offer at the moment the Customer clicks the button completing the order process.
2.4 The contract text is stored by the Seller after the conclusion of the contract and sent to the Customer in text form (e.g. by email) after submission of the order. No further access to the contract text is provided by the Seller. If the Customer has set up a user account in the Seller’s online shop prior to submitting the order, the order data will be archived on the Seller’s website and can be accessed free of charge by the Customer via their password-protected user account.
2.5 Before submitting a binding order, the Customer can identify possible input errors by carefully reviewing the information displayed on the screen. The Customer may correct their entries using the usual keyboard and mouse functions until clicking the button that completes the order process.
2.6 The English language is available for the conclusion of the contract.
2.7 Order processing and contact generally take place via email and automated order processing. The Customer must ensure that the email address provided for order processing is correct and that emails sent by the Seller can be received. In particular, the Customer must ensure that emails are not blocked by spam filters.
3) Right to Cancel
3.1 Consumers are generally entitled to a statutory right to cancel.
3.2 Further information on the right to cancel can be found in the Seller’s Returns and Refund Policy.
4) Prices and Payment Terms
4.1 Unless otherwise stated in the product description, the prices quoted are total prices and include applicable VAT. Additional delivery charges may apply where specified.
4.2 The available payment method(s) will be communicated to the Customer in the Seller’s online shop.
4.3 If a payment method offered via PayPal is selected, payment processing will be carried out via PayPal, which may use third-party payment service providers. If the Seller offers payment methods via PayPal where the Seller provides advance performance (e.g. purchase on account or instalment payments), the Seller assigns its payment claim to PayPal or to a payment service provider commissioned by PayPal. PayPal may carry out a credit check before accepting the assignment. The Seller reserves the right to refuse the selected payment method in the event of a negative credit check result.
4.4 If a payment method offered via “Shopify Payments” is selected, payment processing is carried out via Stripe Payments Europe Ltd., Dublin, Ireland. Stripe may use additional payment services, for which separate payment terms may apply.
5) Delivery and Shipping Terms
5.1 Where the Seller offers delivery of the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed.
5.2 If delivery of the goods fails for reasons attributable to the Customer, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply to outward delivery costs if the Customer validly exercises their right to cancel. In the event of cancellation, return costs are governed by the Seller’s Returns and Refund Policy.
5.3 If the Customer acts as a trader, the risk of accidental loss or deterioration of the goods passes to the Customer as soon as the goods have been handed over to the carrier or other person appointed to carry out the shipment. If the Customer acts as a consumer, the risk passes upon delivery of the goods to the Customer or a person authorised to receive them.
5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This applies only if the non-delivery is not attributable to the Seller and the Seller has concluded a specific covering transaction with the supplier with due care. In the event of unavailability or partial availability of the goods, the Customer will be informed immediately and any payments made will be refunded without delay.
6) Retention of Title
If the Seller provides goods in advance, ownership of the delivered goods remains with the Seller until full payment of the purchase price has been received.
7) Liability for Defects (Warranty)
Unless otherwise stated below, the statutory provisions governing liability for defects shall apply.
8) Applicable Law
All legal relationships between the parties shall be governed by the laws of England and Wales, excluding the laws governing the international sale of goods. For consumers, this choice of law applies only insofar as it does not deprive them of mandatory consumer protection provisions of the country in which they have their habitual residence.