Terms and conditions
Convenience translation for information purposes only. The German version is the legally binding one.
1. Scope
The following General Terms and Conditions apply expressly to all business relationships between phil goods (proprietor Philipp Berief) and the customer, in the version valid at the time of the order. Any deviation must be confirmed in writing by phil goods (proprietor Philipp Berief).
The German version of these terms is the legally binding version; the English translation is provided for general understanding only.
2. Contract content and conclusion of contract
By placing your order you make a binding offer to buy the goods and declare your agreement to these General Terms and Conditions. A contract is only concluded when we accept your order, which is sent to you in a separate order or shipping confirmation, and at the latest when the ordered goods are dispatched.
3. Delivery
We arrange shipping of your goods immediately after receipt of payment. Your ordered items usually reach you within 1-5 working days in Germany. If ordered items are unavailable, we will, where possible, first send you the available products as a partial delivery. We naturally cover the delivery costs for the follow-up shipment. We do not ship goods on Saturdays, Sundays or public holidays.
3.1 Delivery delays
Delivery periods and dates are extended by a reasonable amount in the event of unforeseeable obstacles, provided such obstacles demonstrably have a significant influence on the production or delivery of the item. This also applies if the circumstances occur at upstream suppliers.
3.2 Delivery costs
Delivery costs are shown separately on your order and invoice. The exact amount is shown to you during the ordering process.
4. Prices and payment
All prices are final prices in euros and include statutory value-added tax. Shipping costs shown during checkout are added. Payment can be made by PayPal, credit card (e.g. Visa or Mastercard), Apple Pay, Google Pay or Shop Pay. Which payment methods are available in each case is shown during checkout. The invoice amount is due immediately upon conclusion of the contract.
5. Transfer of risk on shipment
Upon handover of the goods to a forwarding agent or carrier, and at the latest when they leave the Berlin warehouse, the risk passes to the customer in all transactions. The obligations and costs of unloading are borne by the customer. phil goods only arranges separate insurance on the instruction and at the expense of the customer.
6. Retention of title
The goods remain our property until full payment has been made.
7. Warranty
If defects exist, you are entitled to the statutory warranty rights. If delivered items show obvious material or manufacturing defects, including transport damage, please report such defects to us immediately.
8. Image rights
All rights to images, design and graphic designs lie with us or our partners. Use without express consent is not permitted.
9. Data protection
Please consult our privacy policy.
10. Consumer's right of withdrawal
If you are a natural person who concludes a legal transaction for a purpose that cannot be attributed predominantly to either your commercial or your self-employed professional activity (consumer), you have a right of withdrawal under Section 312g in conjunction with Section 355 of the German Civil Code (BGB).
Right of withdrawal
I. Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods.
To exercise your right of withdrawal, you must inform us (phil goods, proprietor Philipp Berief, Göhrener Str. 11, 10437 Berlin, Germany, phone: +49 (0)30-2836072, email: mail@phil-goods.com) of your decision to withdraw from this contract by means of a clear statement (e.g. letter, fax or email). To meet the withdrawal deadline, it is sufficient that you send the communication before the withdrawal period has expired.
II. Consequences of withdrawal
If you withdraw from this contract, we shall reimburse all payments we have received from you, including delivery costs (with the exception of additional costs resulting from a delivery other than the least expensive standard delivery), without undue delay and no later than fourteen days. For the repayment we use the same means of payment as for the original transaction; no fees will be charged. We may withhold reimbursement until we have received the goods back or you have supplied evidence of return shipment.
You must send the goods back without undue delay, and no later than fourteen days after withdrawal, to phil goods, proprietor Philipp Berief, Göhrener Str. 11, 10437 Berlin, Germany. The deadline is met if you send the goods before it expires. You bear the direct cost of returning the goods. You are only liable for diminished value if it results from handling that is not necessary to examine the goods.
End of the withdrawal notice
11. Exclusion/expiry of the right of withdrawal
Under Section 312g (2) BGB, there is no right of withdrawal, among other things, for contracts for the delivery of goods that are not prefabricated and for whose production an individual selection or determination by the consumer is decisive, or that are clearly tailored to the consumer's personal needs. The right of withdrawal also expires prematurely for contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal was removed after delivery.
12. Place of performance, jurisdiction and applicable law
Place of performance and exclusive place of jurisdiction for all disputes arising from these terms and the contracts based on them is Berlin, Federal Republic of Germany. This contract and the entire legal relationship of the parties are governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
13. Severability clause
Should individual provisions of this contract be or become invalid or contain a gap, the remaining provisions shall remain unaffected. The parties undertake to replace an invalid provision with a legally permissible provision that comes closest to the economic purpose of the invalid provision or fills the gap.