As of: 1 November 2019
Document no.: 15.IN-0017-3.0.0-F-1019

1. General, Scope of application

1.1  These Standard Terms and Conditions (hereinafter referred to as “T&C”) shall apply to all contracts of PIN AG (hereinafter referred to as “PIN”) with a customer for the delivery of letters or letter-like items and ancillary services specially agreed in connection therewith, within Germany. 

These T&C apply in particular to contracts for the following products and services:

1.1.1  Delivery of letters, in particular the products  Standardbrief,  Kompaktbrief, Großbrief, Maxibrief, Postkarte und Werbepost
1.1.2  Delivery of book and merchandise post weighing up to 1 kg, special formats such as rolls weighing up to 1 kg, postal wrappers and press media 
1.1.3  Delivery of registered post, in particular the products registered drop-off, registered handover, registered personal, registered return receipt and registered personal return receipt, as well as postal delivery orders 
1.1.4  Forwarding of letters and letter-like items 
1.1.5  Stamping, prelabelling, collecting, printing services and eBrief 
 

1.2  In addition to these T&C, the relevant product directories and/or price lists for the respective products shall apply in the version valid at the time of conclusion of the respective contract. 

1.3  If the customer is an entrepreneur, i.e. a natural or legal person or a partnership with legal capacity that is acting in the exercise of its commercial or self-employed professional activity when concluding a legal transaction (Section 14, German Civil Code), these T&C shall also apply in the version valid at the time of the first conclusion of the contract with a customer within the scope of application pursuant to Clause 1.1 to future contracts for the products and services listed therein with the same customer, without PIN having to refer to them again in each individual case. PIN’s right to amend these T&C shall remain unaffected. However, the amended T&C shall only apply from their publication on the internet at https://www.pin-ag.de/en/agb or from a separate notification of the amended T&C to the customer and only for contracts concluded after publication of the amended T&C or after receipt of the notification of amendment by the customer. If these T&C or the documents referred to in Clause 1.2 have been included in a continuing obligation (e.g. [framework] service agreement with a regulated term and notice periods) between PIN and a customer, they may only be amended under the conditions set out in Section 9. 

1.4  These T&C apply exclusively. Any standard terms and conditions of the customer are hereby expressly rejected. Deviating, conflicting or supplementary standard terms and conditions of the customer shall only become part of the contract if and to the extent that PIN has expressly agreed to their validity. This requirement of consent shall apply in any case, for example even if PIN provides its services to the customer without reservation in the knowledge of the customer’s standard terms and conditions. 

1.5  Individual agreements made with the customer in individual cases (including collateral agreements, supplements and amendments) shall take precedence over these T&C. 

1.6  References to the validity of statutory provisions are for clarification purposes only. Even without such clarification, the statutory provisions shall therefore apply, in particular to the contract of carriage (Section 407 et seq., German Commercial Code), unless the provisions contained therein are modified or expressly excluded by these T&C. 
 

2. Requirements for dispatchments and delivery exclusions 

2.1  In principle, all postal items that comply with these T&C and the specifications in the documents referred to in Clause 1.2 for the respective postal category in terms of size, format, weight, nature and content are eligible for delivery. Delivery by PIN and its subcontractors requires machine-compatible packaging that adequately protects the postal item, in particular against stress from automatic sorting systems. 

2.2  The following are excluded from delivery:  
2.2.1  Postal items whose contents, external design, delivery or storage violate a legal or official prohibition or require special facilities, safety precautions or permits
2.2.2  Postal items that is likely to injure or infect persons or cause damage to property due to their contents or external characteristics
2.2.3  Postal items containing live animals, including invertebrates, animal carcasses or parts of animal carcasses, body parts or mortal remains of humans 
2.2.4  Postal items whose delivery and/or storage are subject to hazardous goods regulations, in particular post containing explosive, highly flammable, toxic, corrosive, environmentally hazardous, radioactive and infectious substances 
2.2.5  Postal items that is not or not sufficiently stamped, unless stamping by PIN has been agreed 
2.2.6  Postal items containing money or other means of payment, securities, jewellery, watches, precious stones and metals, unique items, works of art, antiques or other valuables; however, stamps and vouchers are permitted up to an actual value of €25.00 each, as well as individual tickets and individual admission tickets 
The above-listed delivery exclusions do not apply if a deviating supplementary agreement has been concluded between PIN and the customer. 

2.3  In the event that postal items is not eligible for delivery within the meaning of Clause 2.1 or violates the delivery exclusions specified in Clause 2.2, PIN may, at its own discretion, with regard to this postal item: 
2.3.1  refuse to accept the postal item or  
2.3.2  return postal items that has already been handed over or accepted or make it available for collection by the customer or 
2.3.3  deliver the postal items without prior notification of the customer, whereby the customer is obliged to pay a corresponding fee for this postal item and to reimburse PIN for any costs incurred by PIN as a result of the breach. PIN shall also have the aforementioned rights if there is reasonable suspicion of excluded postal items or other breach of contract and the customer refuses to provide information on the contents of the postal items despite PIN’s corresponding request.  

2.4  PIN is not obliged to check items for violations of the delivery exclusions as defined in Clause 2.2. However, PIN is entitled to open and inspect an item if it suspects a violation of such exclusions, provided the requirements of Section 64 (4) of the German Postal Act (PostG) are met. 
 

3. Conclusion of contract

3.1  As a rule, a contract of delivery for an item is concluded when the item is handed over by the customer or taken into the custody of PIN or a third-party commissioned by PIN for this purpose, provided the item meets the requirements in Clause 2.1 and there is no exclusion from delivery within the meaning of Clause 2.2. For the conclusion of the contract, the posting of an item in a PIN letterbox shall be deemed equivalent to acceptance into the custody of PIN, unless the letterbox is visibly damaged or otherwise in a condition that does not ensure adequate protection of the item against environmental influences or unauthorised removal. If an item does not meet the requirements of Clause 2.1 or if there is an exclusion from delivery within the meaning of Clause 2.2, no contract of delivery shall be concluded for this item despite its handover or acceptance into the custody of PIN, unless the customer can reasonably assume on the basis of the circumstances that PIN intends to deliver the item in question despite recognisable violations of Clauses 2.1 or 2.2, e.g. if PIN or one of its vicarious agents accepts the item without objection. 

3.2  In addition, a contract is concluded by an agreement made in text form (e.g. email, fax or letter) or verbally between PIN and a customer. 
 

4. Delivery and additional services provided by PIN 

4.1  PIN shall transport the customer’s postal item to its destination and deliver it to the recipient at the address specified by the customer (delivery), unless PIN has been notified of a different delivery address of the recipient by means of a forwarding order. 

4.2  Unless other agreed with the customer, delivery shall be made by placing the item in a device intended for the recipient and with sufficient capacity for receiving postal items, e.g. a letterbox or post box, or by handing it to the recipient in person. If the recipient is located in a communal facility, delivery may also be made by handing the item to a person entrusted by the management of the facility with the receipt of items.

4.3  If a postal item cannot be delivered in the manner described in Clause 4.2, it may be handed over to a substitute recipient, unless a personal handover to the recipient has been agreed or the recipient or the sender has given instructions to the contrary that are otherwise recognisable to PIN in accordance with the provisions of Clause 5.5. In particular, relatives of the recipient, persons present in the recipient’s home or employees of the recipient present in the recipient’s business or the owner or landlord of the home stated in the address may be considered substitute recipients.

4.4  If a postal item cannot be delivered in one of the ways specified in Clauses 4.2 or 4.3, the post will be held ready for collection by the recipient at a PIN branch or at a third party commissioned by PIN within a period of seven working days if this storage can be made with reasonable effort. The recipient will be informed of the process. Otherwise, the item will be returned to the sender in accordance with Clauses 4.6 and 4.7.

4.5  Notwithstanding the above provisions, post requiring proof, in particular registered post, shall be delivered in the form agreed for the respective category of post requiring proof.  

4.6  Undeliverable items will be returned to the sender with the corresponding return note (e.g. “unzustellbar”). If a postal item is undeliverable if it cannot be delivered in accordance with Clauses 4.2, 4.3 or 4.5 or, in the case of Clause 4.4, the post has not been collected within the period specified therein. Post is also undeliverable if the recipient cannot be identified beyond doubt at the address given. Undeliverable advertising mailings with the same content will be destroyed in the event that an advance directive is not given.  

4.7  If PIN is unable to return undeliverable mail to the sender, e.g. due to an incorrect or missing sender address, and if the recipient cannot be identified by other means, PIN shall be entitled to open the post in order to identify the sender. If neither the sender nor another person authorised to receive the mail can be identified, PIN shall store the postal item in accordance with the statutory provisions. After expiry of the statutory retention period, PIN shall be entitled to dispose of or destroy the postal item. PIN may destroy unusable or spoilt goods immediately. PIN shall also have this right if the sender and recipient waive receipt of the postal item.  

4.8  If documentation of delivery has been agreed, e.g. in the case of registered post, PIN shall be entitled to use suitable electronic means of documentation, such as storing the printed name of the recipient with a digitised or electronic signature. PIN shall retain evidence of the delivery of items for a period of six months from the date of delivery. After this period has expired, PIN is entitled to destroy the corresponding proof of delivery. 

4.9  The type, content and scope of any other services agreed by PIN, in particular additional services such as stamping, prelabelling or collection, are based on the respective service description in the documents specified in Clause 1.2, unless the parties have agreed otherwise. 

4.10  By way of derogation from Clauses 4.1 to 4.8 above, the delivery of items shall be carried out in accordance with the provisions of the relevant procedural regulations and the laws governing administrative delivery if formal delivery has been agreed, e.g. in the case of postal delivery orders. 

4.11  If PIN is prevented from meeting a delivery or performance deadline or date through no fault of its own due to unforeseen circumstances beyond the control of PIN or its vicarious agents, these deadlines shall be extended or postponed appropriately, but at least by the duration of such obstacles. Such circumstances include, for instance, force majeure, network failure or general disruptions to telecommunications. The statutory claims of the contracting parties shall remain unaffected. 

4.12  PIN shall select the type, route and means of delivery at its own discretion, taking into account the interests of the customer. PIN is entitled to provide all services through vicarious agents, e.g. sub-carriers. 
 

5. Duties and obligations of the customer 

5.1  The customer must design the individual postal item in accordance with the agreed specifications (in particular in compliance with the postage-paid areas and the address field, etc.), which result in particular from the documents specified in Clause 1.2. The customer is obliged to tolerate the affixing of labels, stamps or other measures necessary for the onward delivery of the postal item. 

5.2  The customer must provide each postal item (with the exception of postcards) with clearly identifiable sender’s details, including at least the name or company of the sender and a postal address suitable for a return delivery.   

5.3  The customer is obliged to pack the postal item in such a way that it is protected against loss and damage and that PIN, its employees and vicarious agents and the recipients do not suffer any damage as a result of the delivery and handover. The postal item must be adequately labelled. Information on the envelope that allows conclusions to be drawn about the value of the items being delivered may not be provided. Sections 410 and 411 of the German Commercial Code remain unaffected.  

5.4  If the collection of postal items has been agreed with the customer, the customer is obliged to inform PIN immediately if agreed collection time slots are not adhered to by PIN’s employees or vicarious agents. 

5.5  Instructions from the customer to handle the postal item in a particular way shall only be binding if they are issued before the postal item is accepted or handed over (advance directive) and in the agreed form. The customer shall not be entitled to demand compliance with instructions issued to PIN only after handover or takeover of the mail. Sections 418 and 419 of the German Commercial Code are waived. 

5.6  Termination of a contract of delivery by the customers after handover or acceptance of the postal items in accordance with Section 415 of the German Commercial Code is excluded. 

5.7  If the customer transfers electronic data to PIN for further processing, the following shall apply:
The customer must ensure that no data is transmitted to PIN that could affect the function of PIN’s technical equipment or its service providers (e.g. viruses). It is the customer’s responsibility to ensure that (i) the data is complete and correct, (ii) it is suitable for the purposes for which the customer transmits it to PIN and that (iii) the content of the transmitted data does not violate statutory provisions, regulations and prohibitions and that no third-party rights are infringed. PIN does not check the submitted data for accuracy, completeness or compliance with legal provisions and does not assume any warranty or liability for the data or its content. 
 

6. Fees 

6.1  The customer is obliged to pay PIN the fee expressly agreed for its services. In the absence of an express agreement, the fee to be paid by the customer shall be derived from the documents listed in Clause 1.2. 

6.2  If the customer is an entrepreneur, the following shall apply: The customer may only set off counterclaims which the customer based on material defects or defects of title in PIN’s services against PIN’s claims insofar as the amount set off does not exceed the reduced value of the service concerned due to the defect or the anticipated costs of subsequent performance or rectification of the defect. Otherwise, offsetting against PIN’s claims shall only be permitted with undisputed or legally established counterclaims. The provision shall apply accordingly to the assertion of a right of retention by the customer. 
 

7. Stamps 

7.1  Insofar as PIN accepts postal items via PIN’s stationary facilities (e.g. depots and/or letterboxes), the customer may also pay the fee due for delivery by stamping the relevant items sufficiently with PIN stamps. 

7.2  If a postal item is not sufficiently stamped, PIN reserves the right to invoice the sender for the additional costs or to return the postal item to the sender at the sender’s expense or to make the postal item available for collection. 
 

8. Liability of PIN 

8.1  PIN shall not be liable in accordance with the statutory provisions for damages suffered by the customer which are attributable to an act or omission committed by PIN, one of its employees or another vicarious agent of PIN (Section 428, German Commercial Code) intentionally or recklessly and in the knowledge that damage would probably occur. The same applies to personal injury and damage under the Product Liability Act.  

8.2  In all other respects, PIN’s liability to the customer for claims for damages – irrespective of the legal grounds – shall be limited in accordance with the following provisions: 
8.2.1  The statutory maximum liability amounts of Section 431 et seq. of the German Commercial Code shall apply insofar as these are applicable, i.e. in particular for damages due to loss of or damage to a dispatchment or the exceeding of a delivery deadline, with the exception that liability for exceeding a delivery deadline shall be limited to the simple amount of the costs of the postal item (reimbursement of the fee) for each item to be delivered. 
8.2.2  Outside the scope of application of Sections 431 et seq. of the German Commercial Code, PIN’s liability for simple negligent breach of material contractual obligations (cardinal obligations) shall be limited to the typically foreseeable damage. Cardinal obligations are those contractual obligations whose fulfilment is essential for the proper execution of the contract and on whose compliance the customer regularly relies and may rely. Otherwise, i.e. for the simple negligent breach of non-essential contractual obligations, PIN’s liability is excluded. 

8.3  The provisions of the above paragraphs shall also apply accordingly to a limitation of the obligation to pay compensation for futile expenses (Section 284, German Civil Code). 

8.4  The above limitations of liability shall also apply in favour of PIN’s vicarious agents. 

8.5  The loss of a postal items shall be presumed if it has not been delivered to the recipient within 20 days of handover to or acceptance by PIN and the whereabouts of the postal items cannot be determined. Notwithstanding Section 424 (3) of the German Commercial Code, PIN may also demand reimbursement of any compensation it has paid. Section 424 of the German Commercial Code remains otherwise unaffected. 

8.6  The provisions of Sections 425 (2) and 426, 427 and 438 of the German Commercial Code and any other statutory limitations or exclusions of liability shall remain unaffected by the above provisions of this Section 8. 
 

9. Amendments to these T&C and the prices and conditions for ongoing debt obligations towards entrepreneurs

9.1  If the customer is an entrepreneur, the following shall apply: PIN shall be entitled to amend these T&C and the prices and conditions agreed with the customer (in particular in the documents specified in Clause 1.2) in accordance with the following provisions in the case of ongoing debt obligations (e.g. [framework] service agreements) in which these T&C have been included. 

9.2  The customer shall be notified in text form of any amendments to these T&C or the prices and conditions agreed with the customer (hereinafter “amendments”). 

9.3  The customer may object to such amendments. To do so, they must declare their objection to PIN in text form and within four weeks of receipt of PIN’s notification of the amendments. The deadline shall only be deemed to have been met if the objection is received by PIN within the deadline. If the customer does not object in due form and time, the amendments shall be deemed approved and the amended T&C or prices or conditions shall become part of the contract; PIN shall expressly refer to this and to the form and deadline for the objection in the notification of the amendments. 

9.4  If the customer objects to the amendments in due form and time, the contract shall continue unchanged. In this case, however, PIN shall have the right to terminate the contract, with a notice period of four weeks from receipt of the objection, with the customer if it is economically or technically impossible or unreasonable for PIN to adhere to the unchanged contract. 
 

10. Other provisions 

10.1  The assignment or pledging of claims of the customer against PIN is excluded. This does not apply to monetary claims. 

10.2  German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods, even if the customer’s place of residence or registered office is abroad. This choice of law shall only apply to consumers insofar as this does not deprive them of the protection afforded to consumers by the mandatory provisions of the country in which the consumer has their habitual residence, i.e. provisions that cannot be waived by agreement. A customer is a consumer if the legal transaction in question is concluded for a purpose that cannot be predominantly attributed to their commercial or self-employed professional actions. 

10.3  The exclusive place of jurisdiction for all present and future claims arising from the business relationship with merchants within the meaning of the German Commercial Code (HGB), legal entities under public law or special funds under public law shall be the registered office of PIN. The same place of jurisdiction shall apply if the customer does not have a general place of jurisdiction in Germany, moves their residence or usual place of residence out of Germany after conclusion of the contract, or their usual place of residence is not known at the time the action is filed. However, this place of jurisdiction shall not apply if the customer is a consumer and has their residence or habitual residence in a Member State of the European Union. In this case, legal action must be brought before the competent court of the Member State of residence. 

As of: 1 November 2019

1. General, Scope of application

1.1  These Standard Terms and Conditions (T&C) of PIN AG for the eBrief portal service and the eBrief service shall apply to the use and all orders placed by a customer in the eBrief portal (hereinafter “portal”) of PIN AG, Alt-Moabit 91, 10559 Berlin, Germany (hereinafter “PIN”) for the printing, folding and stamping services. For the subsequent delivery of the items produced (eBrief letters), the “Standard Terms and Conditions of PIN AG” shall apply in their current version at the time of the respective order, which can be accessed at https://www.ebrief.de/en/agb, unless otherwise stipulated in these T&C. 

1.2  Deviating, conflicting or supplementary standard terms and conditions of the customer shall only become part of the contract if and to the extent that PIN has expressly agreed to their validity. This requirement of consent shall apply in all cases, for example even if PIN carries out deliveries to the customer without reservation in the knowledge of the customer’s standard terms and conditions. 

1.3  References to the validity of statutory provisions are for clarification purposes only. Even without such clarification, the statutory provisions shall therefore apply, unless they are directly amended or expressly excluded by these T&C. 

2. Provider and contractual partner 

The provider of the portal and the eBrief services and the customer’s contractual partner is 
PIN AG 
Alt-Moabit 91 
10559 Berlin
Germany 
Phone: +49 30 577978-0 
Fax: +49 30 577978-179 
Email: info(at)pin-ag.de 

3. Offer of the portal and customer account, consequences of undeliverability 

3.1  The customer may use the portal to order the services offered there, namely the printing, folding and stamping of customised letters (eBrief letters) and the subsequent delivery of eBrief letters (hereinafter collectively referred to as “services”). 

3.2  The use of the portal and the ordering of services via the portal require the creation of a customer account, i.e. password-protected customer access to the portal. Setting up this customer account is free of charge for the customer. 

3.3  The customer is not permitted to provide their access data to third parties, unless they are employees of the customer who are authorised to place valid and binding orders for the customer via the portal in the name of and on behalf of the customer and to represent the customer in this respect vis-à-vis PIN. 

3.4  The customer is obliged to keep the access data that enables the use of the portal secret and to ensure misuse by third parties is prevented. The customer is obliged to inform PIN immediately if there are any indications that access data assigned to them has been disclosed to unauthorised third parties. 

3.5  The customer is obliged to ensure that their employees, to whom they have provided the access data, also comply with the provisions of this Section 3. 

3.6  An eBrief letter that proves to be undeliverable within the meaning of the provisions of the “Standard Terms and Conditions of PIN AG” will, at PIN’s discretion, either be physically returned to the customer or the customer will be informed of the undeliverability via email or a comparable electronic notification (e.g. with the note “unzustellbar”) via the portal. 
 

4. Contract language, conclusion of contract and information on the right of withdrawal for consumers 

4.1  The German language is the binding language for the conclusion of the contract. 

4.2  The contract of use via the portal is concluded as follows: As part of the registration process, PIN shall send the customer an email with an activation link, which the customer must visit in order to activate their customer account. This email represents PIN’s offer to the customer to conclude a contract for the use of the portal on the basis of these T&C. The customer accepts this offer by visiting the link. 

4.3  The respective contract for individual services in the portal is concluded in accordance with the following provisions:
4.3.1  The presentation of the services on the portal is not a binding offer to the customer, but merely an online brochure. 
4.3.2  The submission of an order (the online order form) by the customer by clicking on the “Jetzt bezahlen” button in the portal constitutes a binding offer by the customer to PIN to conclude a contract for the services contained within the order transmitted and including these T&C and the “Standard Terms and Conditions of PIN AG”. 
4.3.3  After receipt of the order, PIN shall send the customer an email confirming receipt of the order by PIN and listing its details (order and contract confirmation). Upon receipt of this email by the customer, the contract for the respective order is concluded.

4.4  The customer does not have the right to revoke the contractual declaration, even if they are a consumer within the meaning of Section 13 of the German Civil Code, due to the individual design of the eBrief service in accordance with Section 312g (2) no. 1 of the German Civil Code. 
 

5. Storage option and access to contract text 

5.1  The text of the contract (the registration and the order[s]) of a customer is stored by PIN. But this stored contract text is not accessible to the customer. However, the customer has the option of archiving the contract text of their order(s) in accordance with Clauses 5.2 and 5.3 below. 

5.2  The customer can view the current version of these T&C on the portal at any time; outdated versions are not kept there. The customer can also print out or save this document, e.g. by using the usual functions of their program for viewing internet pages (browser: usually “File” –> “Print” or “Save as”). 

5.3  The customer can also archive the data of their order by printing or saving the data summarised on the last page of the order process in the portal using the functions of their browser or by waiting for the order and contract confirmation, which PIN will also send to the customer via email after completion of their order, to the email address provided by them or stored in their user account. This email contains the customer’s order data once again and can be printed out or saved using the customer’s email program. 
 

6. Prices and conditions of payment 

6.1  Unless otherwise agreed in individual cases, the prices shown at the time of the order shall apply. 

6.2  If the customer is an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB), the following shall apply: The customer may only set off counterclaims which the customer based on material defects or defects of title in PIN’s services against PIN’s claims insofar as the amount set off does not exceed the reduced value of the service concerned due to the defect or the anticipated costs of subsequent performance or rectification of the defect. Otherwise, offsetting against PIN’s claims shall only be permitted with undisputed or legally established counterclaims. 

7. Special duties and obligations of the customer 

7.1  The customer must ensure that no data is transmitted to PIN that could affect the function of PIN’s technical equipment or its service providers (e.g. viruses). It is the customer’s responsibility to ensure that (i) the data is complete and correct, (ii) it is suitable for the purposes for which the customer transmits it to PIN and that (iii) the content of the transmitted data does not violate statutory provisions, regulations and prohibitions and that no third-party rights are infringed. PIN does not check the submitted data for accuracy, completeness or compliance with legal provisions and does not assume any warranty or liability for the data or its content. 

7.2  Recipient addresses provided by the customer must be correct in their form and valid. PIN does not check the recipient addresses for accuracy. 

7.3  The customer is responsible for visually inspecting the letter before placing a binding order. PIN accepts no liability for errors caused by processes for data conversion of the letter or text content provided in the PDF print format that are visible in the document preview. 

7.4  The print data transmitted by the customer shall be processed automatically. PIN shall take over the printing of the data as it is received by PIN. PIN shall not check the quality of the digital print data submitted by the customer, in particular with regards to the resolution. It is therefore the customer’s responsibility to ensure that the quality of the print data to be supplied is sufficient. 
 

8. Term and termination of the contract for the use of the portal 

8.1  The contract for the use of the portal is concluded for an indefinite period. Both parties may terminate this contract with one week’s notice. The right to terminate for good cause remains unaffected by this. The termination of the contract for the use of the portal has no effect on the validity of contracts concluded via the portal for individual orders. 

8.2  Notices of termination must be in text form (e.g. email, letter or fax) to be effective. 
 

9. Liability 

9.1  PIN shall be liable in accordance with the statutory provisions for damages suffered by the customer which are attributable to an act or omission committed by PIN, one of its employees or another vicarious agent of PIN (Section 428, German Commercial Code) intentionally or recklessly and in the knowledge that damage would probably occur. The same applies to personal injury and damage under the Product Liability Act. 

9.2  In all other respects, PIN’s liability to the customer for claims for damages – irrespective of the legal grounds – shall be limited in accordance with the following provisions: 
9.2.1  The statutory maximum liability amounts of Section 431 et seq. of the German Commercial Code shall apply insofar as these are applicable, i.e. in particular for damages due to loss of or damage to a dispatchment or the exceeding of a delivery deadline, with the exception that liability for exceeding a delivery deadline shall be limited to the simple amount of the costs of the postal items (reimbursement of the fee) for each item to be delivered. 
9.2.2  Outside the scope of application of Sections 431 et seq. of the German Commercial Code, PIN’s liability for simple negligent breach of material contractual obligations (cardinal obligations) shall be limited to the typically foreseeable damage. Cardinal obligations are those contractual obligations whose fulfilment is essential for the proper execution of the contract and on whose compliance the customer regularly relies and may rely. Otherwise, i.e. for the simple negligent breach of non-essential contractual obligations, PIN’s liability is excluded. 

9.3  The provisions of the above paragraphs shall also apply accordingly to a limitation of the obligation to pay compensation for futile expenses (Section 284, German Civil Code). 

9.4  The above limitations of liability shall also apply in favour of PIN’s vicarious agents. 

9.5  The provisions of Sections 425 (2) and 426, 427 and 438 of the German Commercial Code and any other statutory limitations or exclusions of liability shall remain unaffected by the above provisions of this Section 9.
 

10. Amendments to these Standard Terms and Conditions 

PIN shall be entitled to amend these T&C in accordance with the following provisions, whereby such amendments have no effect on contracts already concluded: 

10.1  Amendments to these T&C shall be communicated to the customer in text form in good time prior to the change. The customer may object to such amendments in accordance with Clause 10.2. 

10.2  The customer must declare their objection to PIN in text form in accordance with Clause 10.1  within four weeks of receipt of PIN’s notification of the amendments to the T&C. The deadline shall only be deemed to have been met if the objection is received by PIN within the deadline. If the customer does not object in due form and time, the amendments shall be deemed approved; PIN shall expressly refer to this and to the form and deadline for the objection in the notification of the amendments to the T&C. If the customer objects to the amendments to the T&C in due form and time, the contract shall continue unchanged.  

11. Choice of law and of jurisdiction 

11.1  These T&C and all legal relationships between PIN and the customer shall be governed by the laws of the Federal Republic of Germany to the exclusion of all international and supranational (contractual) legal systems, in particular the UN Convention on Contracts for the International Sale of Goods. This choice of law shall only apply to consumers insofar as this does not deprive them of the protection afforded to consumers by the mandatory provisions of the country in which the consumer has their habitual residence, i.e. provisions that cannot be waived by agreement. A customer is a consumer if the legal transaction in question is concluded for a purpose that cannot be predominantly attributed to their commercial or self-employed professional actions. 

11.2  If the customer is a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive – also international – place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship shall be Berlin. The same place of jurisdiction shall apply if the customer does not have a general place of jurisdiction in Germany, moves their residence or usual place of residence out of Germany after conclusion of the contract, or their usual place of residence is not known at the time the action is filed. However, this place of jurisdiction shall not apply if the customer is a consumer and has their residence or habitual residence in a Member State of the European Union. In this case, legal action must be brought before the competent court of the Member State of residence. 
 

12. Participation in dispute resolution procedures and information about online dispute resolution 

12.1  The European Commission provides a platform for online dispute resolution (ODR), which can be accessed via the following link: https://ec.europa.eu/consumers/odr/ 

12.2  PIN does not participate in dispute resolutions proceedings before a recognised consumer arbitration board and is not obliged to do so. 
 

Sample agreement on order processing in accordance with Article 28 of the EU GDPR