These terms & conditions philinishop (“Terms and Conditions”) govern the contractual terms for all contracts concluded on the online shop with users (“customer(s)”) of the online shop called “Philinishop” (“Provider” or “Philinishop” or “Philini München”), www.philinishop.com. These Terms and Conditions also apply to the execution of the agreement between the supplier and the customer contracts at the time the contracts are entered into. You can find information on the right to revocation under subparagraph 6.
1. Formation of Contract
1.1. Offers from the online shop are not legally binding. By clicking on “Place Order”, the customer makes a legal commitment to the provider of intent to acquire the basket contents.
1.2. Order confirmation occurs as soon as your order is accepted, right after being sent by automated E-Mail. E-Mail confirmation makes the purchasing agreement binding.
1.3. Philinishop will come about as part of testing the ordering process using the usual types of questions customers or problems regarding availability. The ordering process will be tested the same way for orders stemming from countries other than Germany., Austria, Belgium, Cyprus, Denmark, Finland, France, Italy, Luxembourg, the Netherlands, Poland, Portugal, Sweden, Switzerland, Spain, and the UK since at the present time, Philinishop is only able to process and handle these types of orders after first establishing proper contact with the customer and other coordination efforts with the customer, such as the activities involved in shipping items to a customer or handling tariff and customs regulations.
All prices stated are final prices in Euros, and include the respective applicable value-added tax. Prices at the time of order are valid and applied to the order. Any applicable shipping costs (see subparagraph 5.4) shall be clearly stated and the total costs shall be indicated on the customer’s order.
3.1. Payment is due immediately, i.e. as soon as the transaction has been completed through Philinishop, unless expressly specified otherwise or unless otherwise agreed.
3.2. After placing its order, the customer has the option of paying by credit card, PayPal or bank transfer/cash in advance. The selected payment method shall be debited/credited immediately (with the exception of a bank transfer).
3.3. Payment by bank transfer must include the order number and the date of order and must be sent to the account of Philini München. The bank details are included in the order confirmation.
3.4. The customer has the right to offset (e.g. store credit) only if the counterclaims are undisputed or have been determined to be legal.
3.5. The customer can only exercise a right of retention if his counterclaim is based on the same contract.
4. Delivery, shipping costs
4.1. Delivery time for Germany is approximately 4-5 working days in case of goods on stock and about 8 weeks in case of customized and individually manufactured goods after receipt of payment. Concerning the guarantee of fair labor conditions the delivery time can differ in infrequent cases. We apologize for any inconvenience and thank you for your patience.
4.2. We deliver to the following countries only:
United Kingdom Philinishop will only deliver to other countries after making separate, individual arrangements with the customer.
The customer is responsible for complying with the relevant customs and tax rules, including the resulting costs. Philinishop clearly states to the customer that the customer will be responsible for costs above and beyond those related to the goods and shipping costs.
4.3. Philinishop pays for delivery costs within Germany. A flat-rate delivery charge of €10 shall apply to goods delivered to Austria, Belgium, Denmark, Finland, France, Italy, Luxembourg, the Netherlands, Poland, Portugal, Sweden and Spain. This rate is €12 for shipping to the UK and €15 for shipping to Switzerland and Cyprus.
4.4. Shipping outside the EU Shipping to Switzerland Please notice that you have to pay a Swiss VAT of 8% when importing goods to Switzerland. This VAT is not included in your billing amount. Customs and handling fees are not refundable in the event of a return.
5. Returning goods
Regardless of a statutory right of withdrawal for consumers (see 6.1.), Philinishop shall grant you the right to revoke your order in whole or in part if you return to us the goods that you would not want within 14 days of receipt. The statutory provision regulating compensation for use shall apply mutatis mutandis. Please request a return form to facilitate returns. Philinishop will cover all reasonable costs for returns. This does not apply to customized and individually manufactured goods.
6. Cancellation instructions / No cancellation policy for customized/individually manufactured goods
As a consumer, you have the legal right to cancel an order, excluding customized/individually manufactured products. The following instructions are for regulations that apply to German consumers. Other regulations may apply to those placing orders in other countries. Please also see our contractual return policy above in subparagraph 5.
6.1. Right of withdrawal for consumers You can cancel your contract in writing within 14 days without giving reasons (e.g. by letter, fax, email) or – revoked by re-broadcasting the thing – if you receive the goods before the deadline. This period begins after receipt of notification in written form, but not before customer takes receipt of the goods (in the case of recurring deliveries of similar goods, not before receipt of the first partial delivery), and also not before our information obligations have been met in accordance with Article 246 § 2 in connection with § 1 paragraphs 1 and 2 of the Introductory Act of the Civil Code (EGBGB), including our obligations in accordance with § 312g paragraph 1 sentence 1 of the German Civil Code in connection with Article 246 § 3 of the Introductory Act of the Civil Code. Sending the revocation or returning the goods in a timely manner will safeguard the revocation period. The revocation should be sent to: Philini München, Gustv-Meyrink Strasse 10, 82319 Starnberg, Germany, E-Mail: firstname.lastname@example.org
6.2. Consequences of withdrawal In the event of an effective withdrawal, the mutually received services must be returned, and any benefits (e.g. Interest) must be surrendered. We must be compensated for equal value if you are not able to return the perceived services and/or benefits (e.g. advantages) either wholly or in part, or you return or surrender them in a worse condition. In the case of goods being returned in a worse condition, and for services received, you only have to compensate us for equal value to the extent that the benefits or the deterioration of the goods can be directly linked to using the goods, and this usage is beyond that of normal wear and tear as it relates to the goods’ characteristics and function. By “testing the characteristics and function,” we mean testing and evaluating the goods to the extent that it would be possible and usual in a commercial store situation. We will assume the risks when you return transportable items. Returning goods to us will be done at no cost to you. We will pick up non-transportable items. Obligations related to reimbursement must be carried out within 30 days. For you, this period starts as soon as you send the cancellation notice or the goods; for us, this period starts as soon as we receive either one of these.
6.3 No cancellation policy for customized/individually manufactured goods We manufacture your individually designed goods upon your request. The legal right to cancel an order is therefore excluded in accordance with § 312d paragraph 4 sentence 1 of the German Civil Code and does not apply to customized/individually manufactured goods. END OF THE NOTICE OF CANCELLATION
7. Retention of proprietary rights
Even after delivery, the goods remain our property until they have been paid for in full.
8. Gift certificate requirements
8.1. Gift certificates are valid and can be used during the specified period, and can only be redeemed once per order. The value of the goods should match the value of the gift certificate. We cannot refund the difference if the value of the goods is less than that of the gift certificate.
8.2. Gift certificates are non-transferable. The value of the gift certificate cannot be exchanged for cash or interest. If the gift certificate is less than the goods ordered, then you can make up the difference through using one of our payment methods.
8.3. Gift certificates cannot be combined. Gift certificates are not reimbursed in the event goods are returned wholly or in part as part of cancelation of a contract, as long as the gift certificate was issued as part of an advertising campaign for which the customer did not provide any quid pro quo.
9.1. The legal, lawful purchasing warranty provisions apply.
9.2. Philinishop almost never provides a warranty. The only time we will issue a warranty for goods we have delivered is if we have expressly stated such, e.g. in the purchase confirmation for that particular item.
9.3. Customary and usual or unavoidable variations due to the material itself that affect quality, colour, size, performance or designs are usually irrelevant. We will not usually acknowledge any warranty claims involving any of these. However, the customer is free to prove that these types of variations are significant.
9.4. Customer satisfaction is one of our top priorities. You can contact us at any time by sending an E-Mail to email@example.com Any time you E-Mail us with a complaint, please provide a complete description of the problem, and if necessary, provide us with copies of your ordering documents.
10.1. Only these Terms and Conditions are the basis for any contractual relationship between the user and the seller. The seller shall only acknowledge deviating conditions if he has expressly agreed to them in writing.
10.2. All remaining provisions in this document shall remain effective if one of the provisions of these terms and conditions should prove ineffective or unenforceable. All oral agreement must be confirmed in writing.
10.3. The customer can go to the shop’s website www.philinishop.de to print out or save these Terms and Conditions that include general contract provisions. The seller shall save and store the customer’s ordering data. Data on completed, open or recently shipped orders can be viewed in the user account. Information regarding customer address, possibly even bank account information and an optional newsletter subscription can be managed, updated and stored here. The customer is responsible for keeping all his access data confidential and not disclosing it to an unauthorized third party. In terms of placing orders, all statements made by the customer must be truthful. The customer must immediately notify us of any changes in this information by sending us an email at firstname.lastname@example.org. The customer is also free to notify us by making these changes himself in his customer account.
10.4. The law of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods, CISG.
Operator information: Philini München, Gustav-Meyrink Strasse 10, 82319 Starnberg, General Manager: Natalia Brunner, Sales tax ID number in accordance with § 27 of the Sales Tax Act: DE275993780 Updated: January 2015