General Terms and Conditions and Customer Information
I. General Terms
and Conditions § 1 Basic Provisions
(1) The following terms and conditions apply to contracts you enter into with us as the provider (Marcus Oehlemann) via the website https://www.petonus.de/. Unless otherwise agreed, the inclusion of any terms and conditions you may use is hereby rejected.
(2) A “consumer” within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their independent professional activity. A business operator is any natural or legal person, or a partnership with legal capacity, that acts in the exercise of its independent professional or commercial activity when entering into a legal transaction.
§ 2 Conclusion of the Contract
(1) The subject matter of the contract is the sale of goods.
(2) By listing the respective product on our website, we are making you a binding offer to enter into a contract via the online shopping cart system under the terms specified in the product description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods you intend to purchase are placed in the “Shopping Cart.” You can access the “Shopping Cart” via the corresponding button in the navigation bar and make changes there at any time.
After clicking the “Checkout” or “Proceed to Order” button (or a similar label)and after entering your personal information as well as the payment and shipping details, the order details will be displayed to you as an order summary.
If you select an instant payment system (e.g., PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay), you will either be directed to the order summary page in our online store or redirected to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, make the appropriate selections or enter your information there. Finally, the order details will be displayed as an order summary on the website of the instant payment system provider or after you have been redirected back to our online store.
Before submitting the order, you have the option to review the information in the order summary once more, make changes (including by using your web browser’s “Back” button), or cancel the order.
(4) Your requests for a quote are non-binding. We will provide you with a binding offer in writing (e.g., via email), which you may accept within 5 days (unless a different deadline is specified in the respective offer).
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract are carried out via email, in part automatically. You must therefore ensure that the email address you have provided to us is correct, that receipt of emails is technically guaranteed, and, in particular, that it is not blocked by spam filters.
§ 3 Special Provisions Regarding Offered Payment Methods
(1) Installment Purchases via easyCredit
For installment purchases via easyCredit, the General Terms and Conditions for Installment Purchases from easyCredit apply in addition. You can find the Terms and Conditions here.
(2) Payment via “PayPal” / “PayPal Checkout”
If you select a payment method offered via “PayPal” / "PayPal Checkout," payment processing is handled by the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods available via “PayPal” are displayed under a corresponding button on our website as well as during the online ordering process. “PayPal” may use additional payment services to process payments; if special payment terms apply in this regard, you will be notified of them separately. For more information about “PayPal,” please visit https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
(3) Payment via “Mollie”
§ 4 Right of Retention, Retention of Title
(1) You may exercise a right of retention only to the extent that it concerns claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
(3) If you are a business, the following applies in addition:
a) We reserve title to the goods until all claims arising from the ongoing business relationship have been settled in full. Pledging or transfer of ownership by way of security is not permitted prior to the transfer of title to the goods subject to retention of title.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice total arising from the resale; we accept the assignment. You remain authorized to collect the claim. However, if you fail to properly meet your payment obligations, we reserve the right to collect the receivable ourselves.
c) In the event of combination or mixing of the goods subject to retention of title, we shall acquire co-ownership of the new item in the ratio of the invoice value of the goods subject to retention of title to the other processed items at the time of processing.
d) We undertake to release the security to which we are entitled at your request to the extent that the realizable value of our security exceeds the claim to be secured by more than 10%. The selection of the security to be released is at our discretion.
§ 5 Warranty
(1) The statutory rights regarding liability for defects apply.
(2) As a consumer, you are requested to inspect the goods immediately upon delivery for completeness, obvious defects, and shipping damage, and to notify us and the carrier of any complaints as soon as possible. Failure to do so shall not affect your statutory warranty claims.
(3) If a characteristic of the goods deviates from objective requirements, the deviation is considered agreed upon only if we informed you of it before you submitted your declaration of contract and the deviation was expressly and separately agreed upon between the contracting parties.
(4) If you are a business, the following provisions apply in deviation from the warranty provisions above:
a) Only our own specifications and the manufacturer’s product description shall be deemed agreed upon as the quality of the goods; however, other advertising, public promotions, and statements by the manufacturer shall not be considered as agreed upon.
b) In the event of defects, we shall, at our discretion, provide warranty by repair or replacement. If the remedy fails, you may, at your option, demand a price reduction or rescind the contract. The remedy shall be deemed to have failed after an unsuccessful second attempt, unless the nature of the goods, the defect, or other circumstances indicate otherwise. In the event of repair, we are not required to bear the additional costs incurred by transporting the goods to a location other than the place of performance, provided that such transport does not correspond to the intended use of the goods.
c) The warranty period is one year from delivery of the goods. This shortened period does not apply
:- to damages attributable to us resulting from injury to life, limb, or health, or to other damages caused intentionally or through gross negligence;
- to the extent that we have fraudulently concealed the defect or have provided a guarantee regarding the quality of the item;
- for goods that have been used in accordance with their customary use in a structure and have caused its defectiveness;
- for statutory recourse claims that you have against us in connection with rights arising from defects.
§ 6 Choice of Law
(1) German law applies. For consumers, this choice of law applies only to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the consumer’s country of habitual residence (principle of favorability).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.
II. Customer Information
1. Identity of the Seller
Marcus Oehlemann
Löbstedterstrasse 51
07749 Jena
Germany
Phone: 03641376432
Email: service@petonus.de
2. Information on the Formation of the Contract
The technical steps for concluding the contract, the conclusion of the contract itself, and the options for correction are governed by the provisions titled “Formation of the Contract” in our General Terms and Conditions (Part I).
3. Contract Language, Storage of the Contract Text
3.1. The contract language is German.
3.2. We do not store the complete contract text. Before submitting the order via the online shopping cart system, the contract details can be printed using the browser’s print function or saved electronically. Once we receive your order, the order details, the legally required information for distance contracts, and the General Terms and Conditions will be sent to you again via email.
3.3. For requests for quotes outside of the online shopping cart system, you will receive all contract details as part of a binding offer in writing, e.g., via email, which you can print or save electronically.
4. Codes of Conduct
4.1. We have committed to adhering to the “Käufersiegel” quality criteria of Händlerbund Management AG, available at:
4.2. We have committed to the quality criteria of Trusted Shops GmbH, available at: https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf
5. Essential Characteristics of the Goods or Services
The essential characteristics of the goods and/or services are specified in the respective offer.
6. Prices and Payment Terms
6.1. The prices listed in the respective offers, as well as the shipping costs, represent total prices. They include all price components, including all applicable taxes.
6.2. The applicable shipping costs are not included in the purchase price. They can be viewed by clicking a button labeled accordingly on our website or in the respective offer, are shown separately during the ordering process, and must be paid by you in addition to the purchase price, unless free shipping has been promised.
6.3. The payment methods available to you are listed under a button labeled accordingly on our website or in the respective offer.
6.4. Unless otherwise specified for individual payment methods, payment obligations arising from the concluded contract are due immediately.
7. Delivery Terms
7.1. The delivery terms, the delivery date, and any applicable delivery restrictions can be found under a button labeled accordingly on our website or in the respective offer.
7.2. If you are a consumer, the law stipulates that the risk of accidental loss or accidental deterioration of the sold item during shipment does not pass to you until the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a carrier not designated by the merchant or any other person designated to carry out the shipment.
If you are a business, delivery and shipment are at your risk.
8. Statutory Liability
forDefectsLiability for defects is governed by the “Warranty” provisions in our General Terms and Conditions (Part I).
These General Terms and Conditions and customer information were drafted by the lawyers at Händlerbund who specialize in IT law and are continuously reviewed for legal compliance. Händlerbund Management AG guarantees the legal validity of the texts and assumes liability in the event of cease-and-desist letters. For more information, please visit:
Last updated: November 29, 2023