User Terms of Service

1. Scope of these Terms

1.1 As far as the commercial relationship between Pensaki and the customer is concerned, only these Terms and Conditions, in the version valid at the time the customer places the order, shall apply. Conflicting, differing or supplementary terms and conditions of the customer shall not become part of the contract unless Pensaki expressly agrees to their validity. These Terms and Conditions shall also apply exclusively where Pensaki, despite being aware of conflicting or deviating terms and conditions of the customer, performs its services without reservation.

1.2 Pensaki provides an online platform at www.pensaki.com through which the customer may commission the creation of individual and personalised paper documents, in particular letters, cards and similar products, according to the specifications selected by the customer and subject to these Terms and Conditions. In addition to standard services ordered through the online platform, special services may be commissioned through individual agreements. These Terms and Conditions shall also apply to such individual agreements unless otherwise agreed therein.

2. Services and responsibilities

2.1 PENSAKI standard documents and written materials created according to the customer's content specifications are prepared for dispatch by Pensaki, addressed according to the customer's instructions, naming the customer as sender, and handed over on the customer's behalf to a suitable delivery service provider, primarily Deutsche Post. Deviating arrangements or additional services may be agreed for individual PENSAKI orders.

2.2 Delivery service providers and printing companies are commissioned on the basis of their applicable standard terms and conditions.

2.3 The customer is responsible for the accuracy and completeness of all information provided, particularly recipient address data, and for the correctness and completeness of the content, including spelling, of the documents to be produced by Pensaki. An Excel import template containing all necessary information for preparing the data is provided during the order process. Pensaki does not provide proofreading, correction or editorial services. The customer independently selects from the available PENSAKI products and options, including formats, designs, writing instruments such as fountain pens or ballpoint pens, paper types and shipping methods. Special business customer solutions and individual orders may deviate from the standard products listed on the online platform.

3. Customer account registration

3.1 Ordering from Pensaki through the online platform requires customer registration. Registration takes place by entering the required data in the designated online form or, where offered, by registering through a social network. The information provided by the customer is checked by Pensaki for plausibility.

3.2 The customer must register under their own real name. Registration under another name or a pseudonym is not permitted. Registration requires full legal capacity.

3.3 Pensaki reserves the right, at its sole discretion, to reject activation of a customer account or to delete customer accounts.

3.4 If registration is successful, Pensaki sends an email containing an activation link to the email address supplied by the customer. The customer must follow the activation link to activate the account. If Pensaki rejects activation, the customer is informed by email. Pensaki is not required to state reasons for the rejection.

3.5 Either party may terminate the customer account at any time in writing or text form by giving 14 days' notice to the end of a calendar month. Pensaki confirms the customer's termination and its effective date by email. Once the termination becomes effective, the customer account is blocked. The relevant customer data is blocked and deleted within a reasonable period unless it is required for the processing of existing orders or must be retained due to statutory retention obligations. Each user may also delete the customer account directly at any time. Further details are available under “My Pensaki”.

3.6 Termination of the customer account does not affect the validity of existing orders within the meaning of Clause 4.

3.7 Each party's right to terminate for good cause remains unaffected.

4. Orders and conclusion of contract

4.1 The presentation of services on the Pensaki online platform does not constitute a legally binding offer by Pensaki but non-binding product information. The customer may select and configure the required services on the platform and place them in the shopping cart. By clicking the button marked “Place order with obligation to pay”, the customer submits a binding order subject to payment for the selected services. Before submitting the order, the customer may review and amend the data at any time. The order can only be submitted if the customer has accepted these Terms and Conditions by selecting the relevant confirmation. The customer must also confirm that the addresses and content have been checked for accuracy and completeness and that a spelling check has been performed.

4.2 Pensaki confirms receipt of an order placed through the online platform immediately by automated email. These Terms and Conditions are attached to the confirmation for the customer's information. The confirmation of receipt does not constitute acceptance of the offer by Pensaki. The contract is concluded only when Pensaki accepts the customer's offer by a separate order confirmation sent by email, fax or other means. Acceptance may take place within five working days after receipt of the offer.

4.3 The customer may submit enquiries for individual PENSAKI services that are not offered as standard on the online platform by email. However, the actual order is always placed through the SSL-encrypted PENSAKI platform. Order data may not be transmitted by email.

4.4 Pensaki may require a written offer from the customer or the conclusion of a written individual agreement for special orders, particularly high-volume orders.

4.5 Pensaki may reject or terminate orders where the content provided by the customer or the purpose of the mailing violates applicable laws, in particular criminal or administrative offence provisions, pursues racist, xenophobic, violence-glorifying, radical or otherwise anti-constitutional objectives, is sexist, disregards general ethical principles or must otherwise be regarded as immoral. Pensaki reserves the right to terminate customer accounts where such orders are placed.

4.6 For business customer projects and individual formats, the customer may cancel the order until the order confirmation is issued. Once Pensaki has confirmed the order, cancellation is no longer possible. If Pensaki has already commissioned materials or printed products for the customer, the customer must reimburse the costs incurred plus a processing fee of 25 percent of the net order value. Pensaki will invoice this amount. This also applies where implementation of a project is delayed indefinitely for reasons solely attributable to the customer.

4.7 For all standard PENSAKI products identified in the shop, the customer may cancel the order until Pensaki issues the order confirmation. From the time of the order confirmation, cancellation is no longer possible because the data has already entered production.

5. Statutory exclusion of the right of withdrawal for consumers

Pursuant to section 312g(2)(1) of the German Civil Code, the right of withdrawal does not apply to distance contracts for the supply of goods that are not prefabricated and whose manufacture is governed by an individual choice or decision by the consumer or that are clearly tailored to the consumer's personal needs. Pensaki creates individualised and personalised documents according to the customer's specifications. The consumer's right of withdrawal is therefore excluded.

6. Delivery and delivery times

6.1 The stated production and delivery times correspond to the planning status applicable at the relevant time. The total delivery time stated during the order process begins upon conclusion of the contract. Compliance with the total delivery time requires the delivery service provider commissioned by Pensaki on behalf of the customer to meet its standard delivery commitments. Compliance with these delivery periods is outside Pensaki's control.

6.2 Compliance with the total delivery time requires timely receipt of payment and, where customer cooperation is necessary, timely performance of that cooperation. This includes in particular the provision of all required materials, such as stationery and envelopes, in the correct quality and quantity, answering necessary questions and, where draft documents are provided for correction and approval, completing the corrections and granting approval in good time.

6.3 Delivery periods or fixed dates agreed for individual Pensaki orders require Pensaki's express confirmation.

6.4 In cases of force majeure, the delivery period is extended by the duration of the impediment.

6.5 Delivery is made to the delivery address specified by the customer.

6.6 Pensaki is liable to the customer for delayed delivery, damage or loss during transport only to the extent that Pensaki can obtain compensation from the commissioned delivery service provider. This does not apply where the delay, damage or loss is caused by circumstances within Pensaki's sphere of control for which Pensaki is responsible. In such cases, Pensaki is liable subject to the requirements and limitations set out in Clause 13.

6.7 After delivery, Pensaki may return or delete the information and materials supplied by the customer for performance of the order. Pensaki has no obligation to retain them. Costs for returning the customer's materials are invoiced separately.

7. Prices, delivery and shipping costs

7.1 All stated prices are total prices in euros. They include the applicable statutory VAT and other price components. Delivery, shipping or other costs are charged additionally in accordance with Clause 7.2.

7.2 The amount of the shipping costs depends on the charges imposed by the delivery service provider and is displayed in the product description and during the order process. Any customs duties or levies payable under applicable law must be borne by the customer.

7.3 Any additional fees payable by the customer for specific payment methods are displayed during the order process and listed under payment methods or payment.

8. Payment methods and due dates

8.1 The available payment methods are stated on the online platform. As a general rule, payment is possible only in advance by credit card, PayPal or bank transfer. Pensaki provides its services only after receipt of the full invoice amount. For advance bank transfers, payment must be made immediately after the order. If the full purchase price is not received within ten working days after the order is placed, Pensaki may cancel the order. Where payment by credit card through Stripe is selected, the invoice amount is due immediately upon conclusion of the contract. Credit card payments are processed in cooperation with Stripe Payments Europe, Ltd., to which the Provider assigns its payment claim. Stripe Payments Europe, Ltd. collects the invoice amount from the customer's specified credit card account. In the event of assignment, payment with debt-discharging effect can be made only to Stripe Payments Europe, Ltd. The credit card is charged immediately after the customer submits the order in the online shop. The Provider remains responsible for general customer enquiries concerning the goods, delivery times and dispatch.

8.2 Pensaki reserves the right, in individually agreed cases, to provide services against payment by invoice. The invoice amount is due immediately upon receipt of the invoice. Payments must be made without deduction to one of the accounts stated in the invoice.

9. Restrictions of use and customer obligations

9.1 The customer must keep the access data assigned to the customer account confidential and protect it against access by third parties. The customer grants Pensaki the rights to the transmitted content and materials required to fulfil the order, in particular the necessary editing and reproduction rights.

9.2 The customer undertakes not to have Pensaki produce or send documents containing declarations of intent in the legal sense, particularly declarations subject to formal legal requirements. Pensaki expressly points out that the documents produced do not satisfy statutory written-form requirements.

9.3 Where the customer submits handwriting samples for special orders, the customer must ensure that the handwriting belongs to the person identified for that purpose. Submission of samples containing the handwriting of another person is not permitted.

9.4 The customer must ensure that the content supplied does not infringe third-party rights, particularly industrial property rights or copyrights.

9.5 The customer must ensure that the content supplied does not contain malicious software or other malware.

9.6 The customer is responsible for ensuring that recipient address data has been collected lawfully and that no legal grounds prevent the documents from being sent to the recipients.

9.7 The customer undertakes not to misuse the Pensaki online platform or services, particularly by submitting orders containing illegal or immoral content, referring to such information or using Pensaki's services to organise unlawful or immoral events or meetings. This includes content that incites hatred, encourages criminal offences, glorifies or trivialises violence, is sexually offensive or pornographic, is likely to seriously endanger the moral welfare of children or young people, may damage Pensaki's reputation or is anti-competitive.

9.8 The customer warrants that the services requested from Pensaki, particularly the dispatch of documents containing customer-specified content to customer-specified addresses, are legally permissible and do not violate competition law. In particular, the customer will not initiate mailings involving chain letters or the implementation, promotion or support of structured sales models, including multi-level marketing or multi-level network marketing.

9.9 The customer must indemnify Pensaki against all third-party claims resulting from a breach of the above provisions. Pensaki's other rights and claims remain unaffected.

10. Quality of performance and liability for defects

10.1 Pensaki attaches great importance to the quality of the documents produced on behalf of the customer. Due to the individual production process and the materials used, particularly fountain pens, ballpoint pens, ink and paper, the actual result may differ from sample images displayed on the online platform or digital proof copies provided to the customer. This applies in particular to individual Pensaki orders using customer-supplied paper or where Pensaki coordinates the printing of materials on the customer's behalf.

10.2 In the event of defects, the customer has the rights and claims provided by statutory defect liability law. Claims for defects expire two years after delivery if the customer is a consumer, and otherwise twelve months after delivery.

11. Printed products

11.1 Where Pensaki coordinates production of printed products through external partners on behalf of the customer, production is carried out using offset or digital printing. The following tolerances must always be expected and are deemed agreed: 2 millimetres for trimming, folding and stapling.

11.2 Minor variations in colour and material may occur during printing. This also applies in comparison with previous orders. Such minor variations may result from changes of supplier, materials or production processes and cannot be objected to solely because they differ from previous orders.

11.3 Pensaki's obligations do not include supplying the print data required to perform the order. Unless otherwise agreed in an individual case, provision of the print data is a customer cooperation obligation.

11.4 For printing requirements, the customer receives information about the product characteristics and the nature of the printed product during the order process. The relevant product description therefore automatically forms part of the contract when Pensaki is commissioned.

11.5 Colours and coatings in particular generally have only a limited shelf life.

11.6 Pensaki coordinates all print orders exclusively on the basis of the print data supplied by the customer. The data must be submitted only in the formats and according to the specifications stated in the relevant Pensaki requirements. Error-free printing cannot be guaranteed where file formats or specifications differ. The customer must retain copies of the print data because Pensaki deletes the print data after completion of the printed products.

11.7 Before sending print data to Pensaki, the customer must carefully check that it satisfies the above requirements. If claims are made against Pensaki by other customers, third parties or public authorities because data supplied by the customer or produced according to the customer's information infringes rights or is unlawful, the customer must indemnify Pensaki against all claims arising from infringement of third-party rights, regardless of the legal basis or remedy sought, and must bear the reasonable costs incurred by Pensaki as a result of the claim or the removal of the unlawful condition. This applies in particular to infringement of copyrights, trademarks, competition rights or other third-party intellectual property rights and includes Pensaki's reasonable legal defence costs in the statutory amount. The indemnity also applies, as a contract for the benefit of third parties, to Pensaki's vicarious agents involved in performance of the contract. Pensaki's further rights and claims for damages remain unaffected. The customer may prove that Pensaki incurred no costs or lower costs. These customer obligations do not apply where the customer is not responsible for the infringement.

12. Ownership and rights of use

The handwriting styles used by PENSAKI GmbH are based on proprietary technology developed in-house and constitute design elements protected by copyright and competition law. They are the exclusive property of PENSAKI GmbH and may not be used, imitated or reproduced without express written authorisation.

12.1 The handwriting styles used in providing the services are based on proprietary technology of PENSAKI GmbH. They constitute protected intellectual property under copyright law and the German Act Against Unfair Competition. All rights remain exclusively with PENSAKI GmbH.

12.2 Without prior express written consent in the form of a commercial licence agreement, it is prohibited to: a) imitate, reprogram or otherwise use the handwriting styles to generate comparable writing on the customer's own systems or third-party systems; or b) scan, digitally reproduce, reprint or redistribute letters or cards produced by PENSAKI on behalf of the customer in the same or a comparable handwriting style.

12.3 Any breach of these provisions constitutes an infringement of the rights of PENSAKI GmbH and entitles PENSAKI GmbH to assert claims for injunctive relief, information and damages and to take further legal action.

13. Liability for damages

13.1 Pensaki is liable for damages under the statutory provisions only in accordance with this Clause 13.

13.2 Pensaki is liable for damage resulting from injury to life, body or health, for damage based on intent or gross negligence by Pensaki or its legal representatives or vicarious agents, and for damage arising from failure to comply with a guarantee given by the Provider or from fraudulently concealed defects.

13.3 Pensaki is liable, limited to compensation for the foreseeable damage typical for the contract, for damage based on a slightly negligent breach of essential contractual obligations by Pensaki or its legal representatives or vicarious agents. Essential contractual obligations are obligations whose fulfilment is necessary for proper performance of the contract and on whose compliance the contractual partner may regularly rely.

13.4 All other customer claims for damages are excluded. The provisions of the German Product Liability Act remain unaffected.

13.5 The limitations in this Clause 13 also apply in favour of the Provider's legal representatives and vicarious agents where claims are asserted directly against them.

14. Data protection and confidentiality

14.1 The customer is responsible for compliance with data protection law regarding the data supplied by the customer.

14.2 Pensaki uses the customer's personal data received in connection with performance of the contract in accordance with applicable data protection law and the separate privacy policy.

15. Final provisions

15.1 Pensaki's registered office is the place of performance for all obligations arising from the contractual relationship with the customer unless otherwise stipulated.

15.2 Heidelberg is the exclusive place of jurisdiction for contractual disputes with merchants, legal entities under public law or special funds under public law.

15.3 This English-language version of these General Terms and Conditions is provided solely as a reading aid for English-speaking customers. Only the German-language version of the General Terms and Conditions is legally authoritative.

15.4 All disputes arising from or in connection with these Terms and Conditions or the services offered by Pensaki are governed exclusively by the laws of the Federal Republic of Germany, regardless of legal basis, excluding non-mandatory conflict-of-law provisions referring to another legal system. This choice of law does not apply to consumers to the extent that it would deprive them of protection granted by mandatory provisions of the law that would apply in the absence of a choice of law. The United Nations Convention on Contracts for the International Sale of Goods is excluded.

Heidelberg, August 2019