Terms and Conditions

Welcome to Pelikan and more FWI!

These terms and conditions outline the rules and regulations for the use of KODOK L.S. PFA's Website, located at https://www.pelikanandmore.com.

By accessing this website, we assume you accept these terms and conditions.

INDEX

• Article 1 - Applicability

• Article 2 - Offers and price indications

• Article 3 - Agreement

• Article 4 - Long-distance purchasing

• Article 5 - Payment

• Article 6 – Delivery & Return

• Article 7 - Claims

• Article 8 - Warranty

• Article 9 - Liability

• Article 10 - Force majeure

• Article 11 - Retention of title

• Article 12 - Dissolution

• Article 13 - Applicable law and competent court

Article 1 Applicability

• 1. These Terms are an integral part of all Agreements and apply to all (other) legal and other actions between KODOK L.S. PFA and Customer.

• 2. KODOK L.S. PFA explicitly rejects the applicability of any general or specific terms and conditions or stipulations of the Customer.

Article 2 Offers and price indications

• 1. All offers, and price indications are entirely free of obligation, unless explicitly otherwise agreed upon in writing.

• 2. All offers are made on the condition that the product being offered is in stock (at our supplier). When the ordered products are temporarily not in stock, buyer will be notified by email and buyer will be offered the opportunity to wait for the ordered products or to cancel the order. When the ordered products are not available anymore, buyer will be notified of the cancellation of the order.

• 3. All offers and price indications are based on the prices valid at the time of the order. Price indications are exclusive of handling and postage and inclusive of sales taxes.

• 4. Each change in the factors that affect the price and the additional costs of KODOK L.S. PFA, among which purchase prices, currency rates, import and export duties, and other levies payable at import or export, insurance rates, freight rates, and other levies or taxes, can be passed on by KODOK L.S. PFA to the customer, insofar this is not forbidden by any imperative legal provision.

• 5. If, upon acceptance, the offer made by KODOK L.S. PFA is departed from, KODOK L.S. PFA will regard this acceptance as an invitation to make a new offer. In that case, KODOK L.S. PFA will make a new offer in writing, to which this article applies.

Article 3 Agreement

• 1. An agreement can only be concluded if and insofar KODOK L.S. PFA accepts an order from the customer, or if KODOK L.S. PFA executes an Order.

• 2. Amendments of and additions to any provision in an agreement and/or the terms can only be agreed upon in writing. 3. If an amendment and/or addition, as intended in paragraph 2, are agreed upon, this amendment or addition will only apply to the agreement concerned.

Article 4 Long-distance purchasing

• 1. This article shall only apply to long-distance purchases by a consumer.

• 2. The customer may cancel the agreement with KODOK L.S. PFA at any time up until the expiry of the fourteenth day from the day after the day on which the customer receives the goods. The customer is not required to give KODOK L.S. PFA any reason for cancelling the agreement.

• 3. To cancel the agreement, the customer must send written notification to KODOK L.S. PFA at the contact address.

• 4. If the customer has received the goods before it has cancelled the agreement then the customer must send the goods back to KODOK L.S. PFA at the contact address at the customer’s own cost and risk. If the customer cancels the agreement but KODOK L.S. PFA has already processed the goods for delivery the customer must not unpack the goods when they are received by the customer, and it must send the goods back to KODOK L.S. PFA at the contact address at the customer’s own cost and risk as soon as possible.

• 5. Any sum debited to KODOK L.S. PFA from the customer bank payment card will be credited to the customer account within 14 days after KODOK L.S. PFA has received the returned goods. The customer will be responsible for the costs of returning the goods to the contact address and will return the goods either in person or by sending them by postal service which provides for the delivery of the goods by post to be recorded. The customer acknowledges that he will be under duty to always take reasonable care of the goods when the goods are in his possession before returning the goods to KODOK L.S. PFA under this clause.

• 6. The customer is not entitled to cancel the agreement or return the goods where the goods have been made (or engraved) to the customer’s personal specifications.

Article 5 Payment

• 1. The invoice should have been paid within 5 working days of the date of the invoice, unless other written arrangements have been made and are explicitly agreed on. KODOK L.S. PFA will only execute the agreement until a full payment of the invoice has been received, unless other written arrangements have been made and are explicitly agreed on.

• 2. When the invoice is not paid within the period of time parties agreed on and after the Buyer has been notified by letter or email of his shortcomings, legal interest will be charged over the unpaid amount.

• 3. When the Buyer requests a moratorium or files for bankruptcy, or its bankruptcy is petitioned, all its outstanding invoices are immediately due.

• 4. All non-legal expenses incurred by KODOK L.S. PFA in case of non-performance, overdue performance or improper performance by the Buyer are fully payable by the Buyer.

• 5. If you pay with credit card, the money will be debited immediately at the time of payment.

Article 6 Delivery & Return

• 1. The date of delivery stated by KODOK L.S. PFA is free of obligation and never to be considered a deadline.

• 2. KODOK L.S. PFA is never in default by the mere lapsing of the agreed delivery date, yet a written note of default is always required.

• 3. Exceeding a delivery date never entitles the buyer to any compensation, annulment of the agreement or any other legal action against KODOK L.S. PFA. This does not apply in case of gross negligence or willful intent on the part of KODOK L.S. PFA nor if the delivery date is exceeded by more than four weeks. In that event, the buyer will be entitled to annul the agreement, however without being entitled to claim any compensation.

• 4. Orders above €250 are with Free Shipping!

• 5. We use Posta Romana, DPD, and DHL, as our shipping partners. After we have shipped the product, we will send you the tracking number, so you can follow your product. The standard shipping time in EU is between 4-7 working days, while the International shipping time is between 2-4 weeks. DHL generally delivers within 5-6 days worldwide.

• 6. In case you notice a damaged, resealed parcel or a suspect carton with possible missing content, please fill a claim in the presence of the courier, otherwise it’s considered accepted and the shipping insurance is not valid anymore.

• 7. It is possible you would like to return the article(s) you ordered. This is possible within 14 working days after delivery, on condition that the articles remain in the same condition as you received, unopened, in original packaging and are not damaged in any way.

• 8. Attention: the shipping costs for returning the item will be supported by the customer (including any import fees and duties). You need to notify KODOK L.S. PFA in advance of your intention to return the articles you ordered. (See -Article 8.6. - Roadmap return or warranty complaint)

After we have received and inspect the product, you will get the refund in max.30 days.

Article 7 Claims

• 1. The buyer is required to verify the quantity of delivered goods and inspect the outside for visible damage.

• 2. Claims concerning quantities and damage and/or defects visible from the outside should be submitted by the buyer in writing as soon as possible and in any case within 12 hours after delivery. In default thereof, the quantities specified on the delivery forms, invoices or related documents will be considered correct and the goods will be considered delivered without damage visible from the outside.

• 3. Claims based on non-visible damage and/or defects at the delivery time as well as other claims should be submitted in writing with KODOK L.S. PFA as soon as possible after delivery, and in any case within 24 hours, or, as the case may be, after any flaws have been detected or could reasonably have been detected. In default thereof, the buyer will be considered as having accepted the delivery.

• 4. Late or wrongly filed claims have no legal effect and release KODOK L.S. PFA from all liability.

• 5. If it is established that the delivered goods do not meet the agreed specifications, KODOK L.S. PFA will be allowed to a period equal to the original delivery period to replace the goods. The terms of payment as stipulated remain in full force.

Article 8 Warranty

• 1. KODOK L.S. PFA guarantees that the delivered articles comply with the customary demands and standards of these articles and that the articles are free of any defects.

• 2. For complaints about any of our services, the website, maintenance questions, complaints about the quality of the products, or anything else, please contact us by e-mail at: info@pelikanandmore.com. Please note your order number, if possible, which you received with your order confirmation. We try to respond to all complaints/questions within 48 hours. If a complaint requires a longer processing time, we will reply within the 48-hour periods with notification of receipt and an indication of when you may expect a reply.

• 3. If you have received a defective or faulty product you can make an appeal to the legal warranty. A faulty or defective product caused by a manufacturing defect is covered under our warranty, meaning we will always try to solve the problem immediately and offer a suitable solution. We always repair faulty products through the supplier.

• 4. To qualify for a warranty, you must have proof of purchase (also proof of guarantee). Without proof of purchase, we cannot process the complaint and resolve the issue.

• 5. This warranty does not cover:

  - Defects or damage caused by improper use.

  - Defects and wear which are not expected with normal use.

  - Changes to the product, such as repairs not carried out by the manufacturer or designated repair services.

  - Damage by intent, intensive use, or improper maintenance.

• 6. Roadmap return or warranty complaint

  - File a claim by e-mailing us at: info@pelikanandmore.com

  - Pelikanandmore.com will send you an e-mail confirming receipt of your request. Shipping instructions will also be provided.

  - Pelikanandmore.com will send a confirmation e-mail upon receiving your shipment.

  - Pelikanandmore.com then investigates your complaint and will suggest a solution within 48 hours.

  - The customer is responsible for the cost of return shipping (including any import fees and duties) of the product(s) to Pelikanandmore.com.

  - Pelikanandmore.com is responsible for the cost of shipping the repaired or replacement product back to the client.

• 7. The warranty obligation from KODOK L.S. PFA to the customer does not reach further than the warranty obligation of the suppliers of KODOK L.S. PFA. The warranty cannot be invoked when the defect comes into existence due to incompetent or improper use.

• 8. When the delivered articles do not comply with the customary demands and standards, KODOK L.S. PFA will, at KODOK L.S. PFA discretion, replace or take care of repairs of the articles. Replacement or repairs will take place within 30 days after the articles have been returned to KODOK L.S. PFA. If it is not reasonable to return the items to KODOK L.S. PFA, KODOK L.S. PFA will take care of repairs or replacement within 30 days after the customer has notified KODOK L.S. PFA in writing.

• 9. Defects of proper operation must be reported in writing to KODOK L.S. PFA within 14 days of the discovery of the defect and at the latest before the termination of the warranty period.

• 10. KODOK L.S. PFA will never be obliged to execute the warranty, or at least will have the right to suspend the warranty obligation, if the customer has not fully paid the amount due.

Article 9 Liability

• 1. KODOK L.S. PFA is never liable for any indirect damages incurred by the customer or third parties, including consequential damages, intangible losses, loss of profits and environmental damages, unless the damage concerned have been caused intentionally or due to the gross negligence of KODOK L.S. PFA.

• 2. In any case, the liability of KODOK L.S. PFA towards the customer is limited per event (whereby a series of connected events count as one event) to the contractual amount before VAT of the concerned (partial) delivery.

• 3. Except in the case of gross negligence or intent of KODOK L.S. PFA, the customer will hold KODOK L.S. PFA harmless against all claims of third parties, for whatever reason, regarding indemnification of damages, costs, or interests related to the products, respectively ensuing from the use of the products, or caused by or ensuing from work performed by KODOK L.S. PFA outside its company.

Article 10 Force majeure

• 1. If KODOK L.S. PFA can only partially fulfil its obligations towards the customer due to force majeure, KODOK L.S. PFA must fulfill as many obligations as is reasonably feasible.

• 2. If the situation of force majeure has lasted that long that one of the parties cannot reasonably be expected to respect the agreement, the concerned party has the right to dissolve the agreement in writing, entirely or partially. In the event of force majeure, the customer is not entitled to any damage, not even if KODOK L.S. PFA might derive any benefit from the force majeure.

• 3. Force majeure for KODOK L.S. PFA is defined as any circumstance outside the control of KODOK L.S. PFA, which partially or fully impedes the fulfillment of his obligations to the customer or due to which KODOK L.S. PFA cannot reasonably be expected to fulfill his obligations, regardless of whether that circumstance was foreseeable at the time of conclusion of the agreement. Among others, such circumstances also include strikes and lock-outs, delays or other problems in production by the suppliers of KODOK L.S. PFA and/or measures of any regulatory agency.

• 4. KODOK L.S. PFA will inform the customer as soon as possible of a (possible) situation of force majeure.

Article 11 Retention of title

• 1. The right of ownership of all goods delivered by KODOK L.S. PFA is expressly reserved by KODOK L.S. PFA until payment in full has been made of all the amounts owed, including any interest and expenses under agreements for the delivery of goods and the performance of related activities.

• 2. Only as a part of its normal operations is the buyer allowed access to the items that fall under the retention of title clause. In that case, the retention of title of KODOK L.S. PFA ceases to apply when the items concerned are delivered to third parties.

• 3. The risk of loss or damage of the articles of the agreement will be at the expense and risk of the buyer on the moment that the goods have been, legally and/or actually, delivered and are in the power of the buyer or a third party designated by the buyer.

Article 12 Dissolution

• 1. If the customer fails to properly, or within a stated term, or otherwise, fulfill any obligation for him that might ensue from any agreement, the customer is in default and KODOK L.S. PFA has the right, without any notice of default being required to suspend the execution of that agreement until payment has been sufficiently ensured and/or to dissolve, partially or completely, that agreement, without prejudice to the other rights of KODOK L.S. PFA.

• 2. In the event of a suspension of payments or bankruptcy of the company of the customer, all agreements with the Customer will automatically be dissolved, unless KODOK L.S. PFA informs the customer within a reasonable term that she requires fulfillment of (a part of) the concerned agreement, in which case KODOK L.S. PFA has the right, without further notice of default, to suspend the execution of that agreement until payment has been sufficiently ensured.

Article 13 Applicable law and competent court

• 1. All offers, all agreements as well as all ensuing obligations are exclusively governed by Romanian/EU law.

• 2. The Uniform Sales Act and the Vienna Sales Convention expressly do not apply to international transactions.

• 3. The competent court within the district of Targu Mures takes cognizance of all disputes which may arise between the parties, unless KODOK L.S. PFA prefers to bring the dispute before the competent court in the buyer domicile, with the exception of those disputes that fall under the jurisdiction of the subdistrict court.

• 4. The choice of a Romanian court in paragraph 2 does not prejudice right of KODOK L.S. PFA to apply to the court that would have been competent in the absence of a jurisdiction clause.