General Terms and Conditions
1. Area of application
In all business relations between phil goods (Owner: Philipp Berief) and the client the following General Terms and Conditions must be applied in their valid version. Any digression from the General Terms and Conditions must be approved of by phil goods (Owner: Philipp Berief) in writing. The German version of this text is the legally binding version; this is merely a translation for the purpose of general understanding.
2.Contents and conclusion of contract
By placing an order you give a binding offer to purchase the goods and declare your consent to the application of these general terms and conditions. A contract is concluded only when we declare the acceptance of the order that will be sent with a separate order or dispatch confirmation, however, at the latest with the dispatch of the goods.
3.Delivery
We initiate the shipment of your order immediately upon receipt of payment. You will normally receive the goods within 1-5 working days in Germany, more time is necessary if the delivery address is in Europe or overseas. In case of unavailability of the ordered goods we will send you the available goods as a partial delivery if possible. The delivery costs for the remaining goods will of course be borne by us. We do not ship orders on Saturdays, Sundays, German or Berlin state holidays.
3.1. Delay in delivery
Periods of delivery and delivery dates prolong appropriately in the event of unexpected obstacles, as long as these obstacles are demonstrably of significant impact on production and delivery of the articles ordered. This takes effect also, if the obstacles exist on behalf of external suppliers.
3.2. Delivery costs
Delivery costs are separately listed on your order and invoice . In the order process, you can calculate the shipping cost by entering the region of delivery and for German adresses trackability or not. International shipments are always sent trackable.
4. Prices and payment
As long as no other provisions are made, all prices are in Euro EXW Berlin warehouse and do not include separately listed costs of shipment, packaging or VAT. Cost of packaging and transport may in special cases be calculated by cost, time and effort and be invoiced separately. The payment period is 30 days from the invoicing date. Payments must be made with no discount deductions. If payments are late, phil goods will be authorised to collect interest on the missing sum in the height of 8%-points above the base lending rate p.a. We reserve the right to claim higher damages for delay or for costs stemming from the assignment of lawyers or collection services.
5.Passing of risk in transport
By handing over the shipment to the carrier, latest by leaving the premises of the storage facility in Berlin, the transport risk in all contracts passes over to the client, also in so-called carriage paid or delivered-free deliveries. Duties during unloading and costs of unloading are at the expense of the client. Only when instructed to do so by the client, phil goods will close a separate transport insurance at the expense of the client.
6. Retention of title
Until complete payment has been made the goods remain our property.
7. Warranty
If you should find any deficiencies, you may claim the legal warranty rights. If delivered items should have obvious material or manufacturing faults including transportation damages, please immediately report such faults to us.
8. Image rights
All image rights and rights to design and graphical representations reside in us or our partners. Use without explicit authorisation is prohibited.
9. Data privacy
Please consult our data privacy statement: Privacy Statement
10.Right of cancellation by the customer
If you are a natural person that concludes a legal transaction for a purpose that is not predominantly a commercial or independent professional activity (consumer), you are entitled to the right of cancellation in accordance with sect. 312g in connection with sect. 355 German Civil Code.
Cancellation policy
I.Right of cancellation
You have the right to cancel this contract within fourteen days without giving reasons.
The cancellation period is fourteen days starting with the day
• on which you or a third party named by you that is not the forwarder took possession of the goods if you ordered an item or several items in the context of a single order and the item/items are delivered at the same time;
• on which you or a third party named by you that is not the forwarder took possession of the goods if you ordered several items in the context of a single order and the items are delivered separately;
• on which you or a third party named by you that is not the forwarder took possession of the last piece of the delivery or the last item if you ordered an item that is delivered in several partial deliveries or pieces;
• on which you or a third party named by you that is not the forwarder took possession of the first item if you concluded a contract on the regular delivery of items beyond a determined period of time.
In order to exercise your right of cancellation, you must inform us (phil goods, Inh. Philipp Berief, Göhrener Str. 11, 10437 Berlin, Germany, telephone: +49 (0)30-2836072, e-mail: mail@phil-goods.com) via an explicit statement (e.g. a letter sent by mail, a fax or an e-mail) to cancel this contract. To do so, you may use our sample cancellation form; however, this is not obligatory.
> sample cancellation form (PDF) download
To view the sample cancellation form, you will need the free Adobe Acrobat Reader, which you may download here: Adobe Acrobat Reader
Alternatively, you may also send this cancellation form: fill in and submit the form on www.phil-goods.com/en/widerrufsformular. If you use this option, we will immediately (e.g. via e-mail) send you a confirmation of receipt of your cancellation. In order to keep the deadline, it is sufficient that you send the notice on the use of cancellation right prior to the lapse of the cancellation right.
II. Consequences of cancellation
If you cancel this contract, we will be obliged to immediately refund all payments that we received from you, including delivery costs (except for additional costs that were incurred due to the fact that you desired a different kind of delivery differing from the cheapest standard delivery that we offer) and within fourteen days at the latest starting with the day on which we receive the notice of cancellation of the contract. For this refund, we use the same payment method that you applied for the original transaction unless something else was expressly agreed upon. This refund will in no case involve charges for you. We may withhold the refund until we receive the goods or until you provide evidence that you dispatched the goods, depending on which is earlier. You must immediately send back or hand over the goods within fourteen days at the latest, starting with the day on which you give notice of the cancellation of the contract to phil goods, Inh. Philipp Berief, Göhrener Str. 11, 10437 Berlin. The deadline is kept if you dispatch the goods within the period of fourteen days. The return of the goods is at your direct expense. You will only have to pay for a possible loss of value of the goods if such loss of value is attributed to a use that was not required for the examination of the properties, features and functionality of the goods.
End of cancellation policy
11.Exemption / Lapsing of the cancellation right
According to sect. 312g para. 2 of the German Civil Code (BGB), a right of cancellation does not apply, among other things, to contracts on the delivery of goods that are not prefabricated and for the manufacture of which an individual choice or definition made by the customer is decisive or that were clearly tailored to the customer’s individual needs. The right for cancellation will lapse prematurely for contracts on the delivery of sealed goods that are not suitable for return due to reasons of health protection or hygiene if the seal is removed after delivery.
12.Place of performance, court of jurisdiction and applicable law
Place of performance and sole court of jurisdiction for any disputes from these Terms and Conditions or contracts based on these Terms and Conditions is Berlin, Federal Republic of Germany. This contract and all legal relations between the parties are subject to the law of the Federal Republic of Germany with the exclusion of the UN-Convention on Contracts for the International Sale of Goods (CISG).
13.Severability clause
The invalidity, in whole or in part, of any of the provision of these Terms and Conditions, shall not affect the enforceability of any of the other provisions thereof. The parties agree to replace the ineffective provisions by others which are legal and approximate as closely as possible the economic intent of the ineffective provisions.
Cancellation policy
I.Right of cancellation
You have the right to cancel this contract within fourteen days without giving reasons.
The cancellation period is fourteen days starting with the day
• on which you or a third party named by you that is not the forwarder took possession of the goods if you ordered an item or several items in the context of a single order and the item/items are delivered at the same time;
• on which you or a third party named by you that is not the forwarder took possession of the goods if you ordered several items in the context of a single order and the items are delivered separately;
• on which you or a third party named by you that is not the forwarder took possession of the last piece of the delivery or the last item if you ordered an item that is delivered in several partial deliveries or pieces;
• on which you or a third party named by you that is not the forwarder took possession of the first item if you concluded a contract on the regular delivery of items beyond a determined period of time.
In order to exercise your right of cancellation, you must inform us (phil goods, Inh. Philipp Berief, Göhrener Str. 11, 10437 Berlin, Germany, telephone: +49 (0)30-2836072, e-mail: mail@phil-goods.com) via an explicit statement (e.g. a letter sent by mail, a fax or an e-mail) to cancel this contract. To do so, you may use our sample cancellation form; however, this is not obligatory.
> sample cancellation form (PDF) download
To view the sample cancellation form, you will need the free Adobe Acrobat Reader, which you may download here: Adobe Acrobat Reader
Alternatively, you may also send this cancellation form: fill in and submit www.phil-goods.com/en/widerrufsformular. If you use this option, we will immediately (e.g. via e-mail) send you a confirmation of receipt of your cancellation. In order to keep the deadline, it is sufficient that you send the notice on the use of cancellation right prior to the lapse of the cancellation right.
II. Consequences of cancellation
If you cancel this contract, we will be obliged to immediately refund all payments that we received from you, including delivery costs (except for additional costs that were incurred due to the fact that you desired a different kind of delivery differing from the cheapest standard delivery that we offer) and within fourteen days at the latest starting with the day on which we receive the notice of cancellation of the contract. For this refund, we use the same payment method that you applied for the original transaction unless something else was expressly agreed upon. This refund will in no case involve charges for you. We may withhold the refund until we receive the goods or until you provide evidence that you dispatched the goods, depending on which is earlier. You must immediately send back or hand over the goods within fourteen days at the latest, starting with the day on which you give notice of the cancellation of the contract to phil goods, Inh. Philipp Berief, Göhrener Str. 11, 10437 Berlin. The deadline is kept if you dispatch the goods within the period of fourteen days. The return of the goods is at your direct expense. You will only have to pay for a possible loss of value of the goods if such loss of value is attributed to a use that was not required for the examination of the properties, features and functionality of the goods.
End of cancellation policy