TERMS & CONDITIONS
General Terms and Conditions for Online Sales via the PUGNAT Online Shop of PUGNAT www.pugnat.com
§1 GENERAL, CUSTOMERS, LANGUAGE
(1) All offers, purchase agreements, deliveries and services related to orders placed by our customers through our online shop at www.pugnat/shop.com. are subject to these general terms and conditions.
(2) The products offered in our online shop are intended for consumers and entrepreneurs, but only if they themselves are the end-users of our products. For purposes of these general terms and conditions, (i) consumers are any natural persons who enter into a transaction for purposes which can be attributed primarily to neither their commercial nor freelance professional activities (§13 of the German Civil Code – BGB) and (ii) an entrepreneur means any natural person, legal entity, or legal partnership entering into a contract as part of their commercial or freelance professional activities (§14(1) BGB).
(3) Customer terms and conditions do not apply, even if we do not explicitly reject their validity on a case-by-case basis.
§2 ENTERING INTO A CONTRACT
(1) Our offers in the online shop are not binding.
(2) By placing an order in our online shop, the customer makes a binding offer to purchase the product in question. We have until the third business day after the offer to purchase is received to accept or reject said offer.
(3) Immediately upon receipt of the offer to purchase, we will send confirmation that we have received said offer, but such confirmation does not constitute acceptance of the same. We will have accepted the offer only when we notify the customer of said acceptance (via email) or otherwise send the goods ordered. The purchase contract comes into force only upon our acceptance of the customer’s offer to purchase.
(4) Customers classified as consumers according to the BGB are entitled to revoke their offer and return the goods ordered in accordance with the special rescission and return policy provided when they placed their order on our website.
§3 PRICES AND PAYMENT
(1) Our prices include statutory VAT and shipping costs. Customers are responsible for paying any applicable duties or other charges.
(2) We only accept those payment methods displayed to customers as they place their order.
(3) The purchase price is payable immediately upon conclusion of the contract.
(4) Customers have no right to offsets or retention unless their counterclaims are undisputed or legally binding by court order.
§4 GOODS SHIPMENT AND SHIPPING COSTS
(1)
(1) ONLINE SHOP IS CLOSED FROM 15.th DECEMBER 2025 - 12.th JANUARY 2026.
Any deadlines and dates we provide for the shipment of goods are approximate. Delivery time is generally 1-3 days.
(2) All delivery deadlines specified by us when customers place their orders or otherwise agreed shall begin on the day we receive the full purchase price (including VAT).
(3) Our compliance with any shipping deadline is measured solely by the day on which we hand over the goods to the shipping company handling your shipment.
(4) If the goods ordered are not available, we will notify the customer immediately. If the goods are not available for the foreseeable future, we are entitled to withdraw from the contract. If we withdraw from the contract, we will immediately refund any payments already made by the customer. The customer’s statutory rights due to delays in delivery are not affected by the foregoing provisions; the customer may claim damages only to the extent stipulated in §8 below.
(5) If the goods are made to order, the product will be ready for shipping from 10 days to 3weeks.
(6) Free shipping for all national and international orders.
(7) Any duties, fees, taxes and other government levies are payable by the buyer.
(8) We are entitled to make partial deliveries of products in one order if they are separately usable and are responsible for any additional shipping costs incurred.
§5 SHIPPING AND TRANSFER OF RISK
(1) Unless otherwise agreed, we will determine the appropriate delivery method and shipping company at our reasonable discretion.
(2) Deliveries within Germany and abroad are generally made by UPS or DHL. Shipments can be tracked after registration.
(3) We are responsible solely for the timely, proper handover of the goods to the shipping company and are not responsible for any delays caused by the carrier. Any shipping time we might indicate is therefore not binding.
(4) If the customer is a consumer, the risk arising from accidental destruction, damage or loss of the goods passes to the customer at the time the goods are delivered to the customer or the customer is in default of acceptance. In all other cases, the risk is transferred when the goods are delivered to the customer by the carrier.
§6 RETENTION OF TITLE
(1) We retain title to the goods delivered by us until such time as we receive full payment of the purchase price (including VAT and postage) for the product in question.
(2) The customer is not entitled to resell the goods delivered by us while we retain title without our prior written consent.
§7 WARRANTY
(1) If the delivered goods have tangible defects, the customer may first require that we remedy said defect or deliver a replacement product free of defects. However, if the customer is an entrepreneur, it is at our discretion whether we remedy the defect or deliver another product free of defects if we provide notice of our decision in writing (also by fax or email) within three working days after receiving the customer’s notice of the same. We may refuse the remedy chosen by the customer if such remedy would only be possible at disproportionate cost.
(2) If the remedy under §7(1) is also defective or is found unreasonable by the customer or if we refuse to make such remedy, the customer is entitled each in accordance with applicable law to cancel the purchase contract, reduce the purchase price, or demand compensation or reimbursement for its expenses. Customer claims for damages are also subject to the specific provisions of §8 herein.
(3) The warranty period is two years from delivery if the customer is a consumer, otherwise twelve months after delivery.
(4) The following applies only to entrepreneurs: The customer must carefully inspect the goods immediately upon receipt. The delivered goods shall be deemed approved by the customer, if notice of a defect is not made (i) within five working days after the delivery for obvious defects or (ii) within five working days after discovery of defects not otherwise obvious.
(5) All warranty claims of the customer shall expire if the customer changes or otherwise interferes with the goods. This does not apply if the customer can demonstrate that the intervention or the change was not the cause of the defect.
§8 LIABILITY
(1) Our liability for delay in delivery, unless caused by intent or gross negligence, shall be no more than 5% of the purchase price (including VAT).
(2) We are not liable on any legal grounds for any damages caused by any atypical use of the product.
(3) The limitations of § 8 shall not apply to our liability to deliver products with guaranteed characteristics as set forth in §444 BGB such as may cause injury to life, body or health or under the Product Liability Act.
§9 RETURNS POLICY
(1 )You may return merchandise within 14 days of receipt provided that the goods are sent to us by registered mail to our address below. The 14 days term starts on the day after you have received the goods together with this returns information. Reduced items (sale) are excluded from this right of return.
(2) Only non-faulty goods which are in their original condition with all tags attached and in their original packaging will be accepted. Goods must be in the original, undamaged box . We are unable to accept items which have been worn, altered or washed.
We strongly advise all customers to carefully check goods immediately upon receipt before removing any attached tags and before disposing of any original packaging.
If the merchandise has lost value upon being returned to us, we can ask for a reimbursement for the lost value. The customer is liable only for falls in value that are consequences of a use of the product that exceed a normal testing of the quality and the functioning of the product. “Normal testing of the quality and the functioning of the product” means the testing and trying out of a product as it is customary in a shop. To avoid having to reimburse us for a fall in value, the merchandise should not be treated like the customer’s own property, and any activities that can diminish the value of the product should be avoided. Any obligations for payments have to be fulfilled within 30 days. For the customer, this period starts with the cancellation of an order or the return of the product; for us, this period starts after receiving the product.
(3) Before leaving our warehouse to you our goods undergo an accurate quality control check. Nevertheless there might occur the unlikely accident of dispatching a faulty item. Please inform our customer service team within 3 days of receipt by emailing to shop@pugnat.de
(4) All returns have to be communicated to us within the above mentioned time limits. To do so please email us including the concerned order-and item-number in order to receive return authorisation number. You may use the withdrawal form popup:yes, but it is not compulsory. Only returns with a valid return authorization number will be accepted for refund. All return shipments will be at your expense.
For all international returns, please ensure that you clearly declare the goods as ‘unwanted returns’ on all paper work for customs. If you fail to do so, we will be charged import duty which will need to pass on to you when refunding your account.
When all requirements have been met we will notify you and refund the cost of the returned products to your paypal account. Please note that the time frame for such refunds is not under our influence but depends on paypal.
Please send all returns to:
PUGNAT, Antje Pugnat, Potsdamer Str. 70, 10785 Berlin, Germany
If you would like any more information about our return regulations please contact our customer care team: shop@pugnat.de
§10 ORDERS AND COMPLAINTS
(1) Please address your questions regarding your order or complaints to our customer care team: shop@pugnat.de
§11 CHOICE OF LAW, EFFECTIVENESS
(1) German law shall apply. This choice of law only applies to customers if it does not result in the revocation of the protection guaranteed by the mandatory provisions of the law of the country in which the respective customer’s usual place of residence is located (benefit-of-the-doubt principle).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods are explicitly inapplicable.