General Terms and Conditions (GTC) of P & P GmbH
for online goods sales
§ 1 Scope, Contracting Parties
The following general terms and conditions apply exclusively to the sale of goods in online trading via the internet shop “phillyandphill.com“. Seller of the goods is the P & P GmbH (Munich District Court HRB 221639)
legally represented by the managing directors Tanja Bublitz and Stefan Cozma, Mauerkircherstrasse 121, 81925 Munich. This also applies in the event that you reach the Internet shop “phillyandphill.com” via a link, so did not directly click he website “phillyandphill.com“.
We are not a party to any contracts you make through any third party sites to which “phillyandphill.com” merely provides access via a link. For such orders, please pay attention to the terms and conditions of the respective operator of the website.
Only these general terms and conditions apply; those are only valid insofar as we have expressly agreed to them in writing.
§ 2 contract conclusion
1. All contracts for the goods offered on “phillyandphill.com” are concluded exclusively in the German language.
2. All information on goods and prices contained on “phillyandphill.com” are only an invitation to tender and therefore without engagement and non-binding until the binding conclusion of a contract. By clicking on the button “order for a fee” you give a binding offer to conclude a purchase contract for the goods you have selected, at the time of sending your declaration of intent (usually by e-mail), on “phillyandphill.com” and in Your order accepted prices, from. You are bound to your order for a maximum of 5 working days.
3. We will confirm the receipt of your offer immediately after receiving the e-mail with a so-called confirmation e-mail. This does not yet constitute an effective contract acceptance.
4. The purchase contract comes into effect only by our acceptance of your offer. We generally declare an acceptance with a corresponding order confirmation by e-mail, which you will receive next to the confirmation e-mail.
5. We reserve the right to refuse the order or to reduce it in quantity.
§ 3 Delivery
1. During the ordering process you will be informed about the expected delivery times of the goods.
2. The risk is transferred to you as the customer when the goods are handed over to the person or institution designated to carry out the shipment. Place of dispatch and delivery are subject to our choice. You as a buyer bear the reasonable and customary costs of shipment.
3. We are not liable for the impossibility of delivery or for delivery delays, if these were not foreseeable and were not our responsibility . In this case both we and you as a customer can declare the withdrawal from the contract.
4. We are entitled to make partial deliveries and to invoice them separately as customers, insofar as the partial deliveries are reasonable for you, in particular for you within the scope of the contractual intended purpose. This additional shipping costs will be taken over by us.
5. A liability for damages against us for non-performance exists only if the damage was caused by us or our vicarious agents intentionally or through gross negligence. Further liability, even in case of delay, is excluded.
§ 4 Care with the password
Please make sure that you do not pass on the password required for the order to unauthorized third parties or give unauthorized third parties the opportunity to know your password. If you negligently gave unauthorized third parties the opportunity to initiate orders under your name and with your password, you are also liable for our resulting claims.
§ 5 Payment, default
1. We are entitled to carry out the delivery only against advance payment. You can conveniently pay for the ordered goods via PayPal, credit card, Sofortüberweisung or prepayment. We are entitled to exclude individual payment methods. We do not ship by invoice for later payment.
2. With our declaration of acceptance you will receive from us the invoice for your purchase of goods. We will then deduct the invoice amount from your credit card account or current account within seven days.
3. You are in default of your payment obligation as soon as you have not remitted the due and unrequested invoice amount despite our reminder or within 30 days after receipt of our invoice, in which you were advised of this 30-day period. As far as you are a consumer, you have to pay interest on the outstanding claim amounting to 5% points above the respective base interest rate (§ 247 BGB). Any further damages incurred as a result of the default of the debtor – in particular reasonable costs of prosecution and enforcement of our claim – are then to be paid by you.
4. We are entitled to charge you € 2.50 per warning letter for reminders that are required after the default has already occurred.
5. To hedge the credit risk, we must reserve the right to offer only certain payment modalities, depending on the respective creditworthiness.
6. Acceptance of a bill of exchange or check is not considered fulfillment; This will only take place with credit on our account.
7. Offsetting from you as a customer can only be made with counterclaims that are undisputed or legally binding.
§ 6 Return of packaging material
According to the regulations of the packaging regulations, we are legally obligated to take back all packaging of our products or to arrange for their reuse or disposal, if they do not bear the mark of nationwide disposal (such as the “Green Dot” of Duales System Deutschland AG). To clarify the return of such packaging materials, please contact: P & P GmbH, Mauerkircherstrasse 121, 81925 Munich, firstname.lastname@example.org, so that we can name a municipal collection center or a disposal company in your area, which will accept the packaging free of charge. If this is not possible, you have the option of sending the packaging back to us to the address mentioned above, so that the packaging can be reused or disposed of in accordance with the provisions of the Packaging Ordinance.
§ 7 Reservation of proprietary rights
1. Until the fulfillment of all our claims against you as a customer, for whatever legal reason, we reserve the proprietary rights of the delivered goods.
2. You are entitled as a buyer to sell the goods subject to retention of title in the ordinary course of business. If you are in delay with the payment of the corresponding delivery, this authorization is excluded. As a buyer, you assign the claims resulting from the resale of the reserved goods in full to us as security, and this assignment is already accepted.
You as the buyer are revocably authorized to collect the claim assigned to us for our account in your own name. If you are in default as a buyer, we are entitled to notify the customers of the assignment and demand payment from them directly to us. You are obliged to provide information about the names and addresses of the customers and about the purchase requirements agreed with them.
3. For the rest, the reserved goods may not be pledged, rented, lent, given away, processed or transferred by you. Access by third parties to the reserved property must be reported to us immediately without delay; in case of breach of this obligation, you are liable for damages.
4. You agree, as far as you resell, to sell the purchased goods only to end consumers, previously notified to us and your firm stationary retail store(s), unless we have previously given the written consent to sell elsewhere. Illegal cross-deliveries to other resellers trigger a claim for damages at least in the amount of unlawfully distributed product proceeds (selling prices).
5. As a customer, you are obliged to notify us immediately of any attachment, damage or destruction of the goods. The change of ownership of the goods or a change of residence has to be announced by the customer immediately. We are entitled to withdraw from the contract in the event of breach of contract by the customer, in particular in the case of default in payment or failure to comply with this provision, and to demand the return of the goods.
§ 8 Cancellation Policy, Withdrawal
You have the right to withdraw from this contract within fourteen days without giving reasons. The cancellation period is fourteen days from the date on which you or a third party named by you, who is not a carrier, has taken possession of the goods. In the case of a contract for several goods which you have ordered in a single order and which are delivered separately, the cancellation period is fourteen days from the date on which you or a third party named by you, who is not the carrier, have or has taken possession the last Goods.
In order to exercise your right of revocation, you must inform us (P & P GmbH, legal representatives Tanja Bublitz and Stefan Cozma, Mauerkircherstrasse 121, 81925 Munich, email: email@example.com) by means of a clear statement (eg a letter sent by post or E -Mail) about your decision to withdraw from this contract.
In order to maintain the cancellation period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the withdrawal
If you withdraw from this Agreement, we shall reimburse you for any payments we have received from you, including delivery charges, promptly and no later than fourteen days from the date on which we receive notice of your cancellation of this Agreement. (except for the additional costs that result from choosing a different type of delivery than the cheap standard delivery we offer).
For this repayment, we will use the same means of payment as you used in the original transaction, unless expressly agreed otherwise with you; In no case will you be charged for this repayment fees.
We may refuse repayment until we have received the goods back or you have provided proof that you have returned the goods, whichever is the earlier proof.
You must return the goods to us immediately and in any event not later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the deadline of fourteen days.
You bear the immediate costs of returning the goods.
You only have to pay for any diminished value of the goods if such loss of value results from an examination of the nature, characteristics and functioning of the goods, if this is due to unnecessary handling by you.
We only take back unopened and intact products.
Exclusion of the right of withdrawal
The right of withdrawal does not apply to contracts for the supply of goods that are not prefabricated and for their production an individual choice or determination by the consumer is decisive or that are tailored to the personal needs of the consumer or can contaminate quickly or exceeded their expiration date quickly would.
End of revocation
§ 9 Warranty, Damages
1. If the goods delivered by us at the time of transfer of risk to you are subject to a defect, one or more of the following: have not the agreed quality, are not suitable for the contractually assumed use or not for the use that is usual for goods of the ordered type is, has its own or no quality which is customary with goods of this type and can therefore be expected of you to the nature of the goods (see § 434 BGB), your warranty rights are subject to the following provisions in no statutory warranty rules of the Civil Code, ie in particular according to §§ 433 ff BGB and additionally §§ 474 ff BGB.
2. You are obliged to examine the goods immediately after receipt for defects or damages, in particular transport damages and to notify us in writing of the damage or defects within 8 days after delivery. Transport damage, you have to be certified immediately upon acceptance by the transport company. If you fail to discern any obvious defects or defects that can be identified in a timely manner and damage to this obligation, any warranty and / or compensation is excluded.
3. In the case of defects or damages which we are responsible for, we are entitled to repair or replacement at our discretion and after a deadline is also obligated. Upon expiration of a reasonable grace period, or in the event of a failed second attempt to repair, you shall be entitled to demand either a reasonable reduction in the purchase price or the cancellation of the contract. The legal cases of dispensability of the deadline remain unaffected.
4. Our obligation to pay damages is limited to cases in which we or the legal representatives or vicarious agents of P & P GmbH have caused damage through intentional or grossly negligent breach of duty. This limitation of liability does not apply if a willful or negligent breach of duty by us, the legal representatives of P & P GmbH or their vicarious agents has resulted in injury to life, body or health. Furthermore, the limitation of liability does not apply to the violation of so-called cardinal obligations, that is to say those obligations which, according to the content of the contract, are to be classified as particularly material.
5. The warranty period for consumers is two years from the date of delivery of the goods.
§ 10 Privacy
1. By placing an order, you agree that the personal data given in your order will be stored by P & P GmbH for the purpose of proper processing of contracts concluded via our Internet shop. P & P GmbH is entitled to pass on this data to partner companies, insofar as this is necessary for the execution of the contract – in particular the payment processing and the dispatch of goods.
§ 11 Place of Performance, Jurisdiction, Applicable Law, Severability Clause
1. Place of fulfillment of this contract and for registered traders The place of jurisdiction for all disputes arising from this contract is Munich. It is exclusively German law applicable, UN sales law is excluded.
2. Should one of these conditions be or become wholly or partially ineffective, this shall not affect the validity of the remaining contract. The ineffective provision shall be aligned with the legal and economic purposes pursued with it, insofar as an effective provision can be made thereby.
As of January 2018