GTC
General Terms and Conditions (GTC)
1. Scope of Application
The following General Terms and Conditions apply to the business relationship between the publisher PHOS-Medien (hereinafter: Seller) and the ordering party.
2. Contracting Parties
The purchase contract is concluded with:
PHOS Medien - Peter Frank
Hüttenzell 5
94372 Rattiszell
VAT ID: DE 294 107 157
Managing Director: Peter Frank
You can usually reach us on weekdays from 9:00 a.m. to 5:00 p.m. for questions, complaints, and claims by emailing service@phosmedien.de.
3. Ordering
The presentation of products in the online store does not constitute a legally binding offer, but rather an invitation to place an order. All offers are valid “while supplies last,” unless otherwise noted for specific products. Errors excepted.
4. Data Collection and Privacy:
Personal data is collected only if you voluntarily provide it to us when placing an order or registering for our newsletter.
The following information is generally required for orders:
First Name
Last Name
Address
Country (if outside Germany)
Zip code
City
We use the data you provide without your separate consent exclusively to fulfill and process your order.
When you subscribe to the newsletter, your email address will be used with your consent for our own advertising purposes until you unsubscribe from the newsletter. You may unsubscribe at any time.
5. Conclusion of the Contract
By placing an order for the goods, the customer makes a binding declaration of intent to purchase the goods.
We are entitled to accept the contractual offer contained in the order within two weeks of receipt. If we do not respond within this period, the order is deemed rejected. The purchase contract between the customer and us is concluded when we accept the contractual offer contained in the order. Acceptance occurs either through our express declaration in writing or upon delivery of the goods to the recipient specified by the customer.
For orders placed electronically, we will immediately confirm receipt of your order electronically as well. The confirmation of receipt is automatic and does not yet constitute a binding declaration of acceptance.
For orders placed electronically, the contract text (order, GTC) is stored by us. Upon request, we will send you the contract text.
6. Reservation of Non-Availability
We reserve the right to refrain from fulfilling your order if the title is out of stock. In this case, we will immediately inform you of the non-availability and promptly refund any purchase price you may have already paid.
New releases and titles listed in our advertising with a release date will be shipped only once they become available.
7. Delivery Time
Orders are fulfilled in accordance with the respective agreements. However, we cannot accept any liability for any delays in delivery.
8. Retention of Title
Pursuant to Section 449 of the German Civil Code (BGB), the goods remain our property until the purchase price has been paid in full (“goods subject to retention of title”). We are entitled to withdraw from the contract and demand the return of the goods in the event of a breach of contract, in particular in the event of default in payment.
As the buyer, the customer may resell the goods subject to retention of title in the ordinary course of business. Pledging or transferring the goods as security is prohibited. Any seizures or other encumbrances on the goods subject to retention of title by third parties must be reported to us immediately.
If the customer intends to resell the goods subject to retention of title—regardless of their condition—the customer hereby assigns to us, effective immediately and until full fulfillment of their obligations to us, all claims against their buyers arising from such resale, together with all ancillary rights. The assigned claims serve as security for us in the amount of the value of the respective goods subject to retention of title sold.
9. Warranty
If the purchased item is defective, the statutory warranty provisions of Sections 434 et seq. of the German Civil Code (BGB) shall apply. If the customer is a business operator within the meaning of Section 14 of the German Civil Code (BGB), the warranty period shall be one year, without prejudice to any liability.
10. Liability
10.1. With regard to liability for material defects and defects of title, the statutory provisions shall apply unless otherwise provided in the contractual regulations below.
10.2. The Supplier’s liability for claims for damages is limited to damages caused by the Supplier or its vicarious agents through willful misconduct or gross negligence.
10.2.1 This limitation of liability does not apply to damages resulting from injury to life, limb, or health.
10.2.2 This limitation of liability also does not apply to cases of strict liability, such as those under the Product Liability Act.
10.2.3 This limitation of liability does not apply to cases in which the supplier has fraudulently concealed a defect or has provided a warranty regarding the quality of the goods.
10.2.4 Furthermore, this limitation of liability does not apply to damages resulting from a breach of essential contractual obligations (obligations whose fulfillment is essential for the proper performance of the contract and on whose compliance the contracting party therefore relies and is entitled to rely).
10.3. In cases of slightly negligent breach of duty, the Supplier’s liability is limited to the average damage typical for the contract and foreseeable under the terms of the contract. The same applies in cases of slightly negligent breaches of duty by the Supplier’s vicarious agents.
11. Applicable Law and Place of Jurisdiction
The laws of the Federal Republic of Germany shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods.
The exclusive place of jurisdiction for all disputes arising from contractual relationships with registered traders, merchants, legal entities under public law, and special funds under public law is the court having jurisdiction over our registered office [Rattiszell]. Should any provision of this agreement be wholly or partially invalid or subsequently lose its legal validity, this shall not affect the validity of the remaining provisions. The invalid provisions shall be replaced by the relevant statutory provisions.
12. Cancellation Policy for Orders of Printed Books and Other Physical Goods
Consumers are entitled to a statutory right of cancellation. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their self-employed professional activity (Section 13 of the German Civil Code (BGB)).
12.1 CANCELLATION POLICY
12.1.1 Right of Cancellation
You have the right to cancel 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 designated by you, who is not the carrier, took possession of the goods.
To exercise your right of withdrawal, you must notify us (PHOS Medien - Peter Frank, Hüttenzell 5, 94372 Rattiszell, Email: service@phosmedien.de) of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by mail or an email). You may use the attached sample withdrawal form for this purpose, though this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period expires.
12.1.2 Consequences of Cancellation
If you withdraw from this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of any additional costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by us), without delay and no later than fourteen days from the day on which we receive notification of your withdrawal from this contract. We will use the same payment method for this refund that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees for this refund.
We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever comes first.
You must return or hand over the goods to us without delay and, in any event, no later than fourteen days from the day on which you notify us of your withdrawal from this contract. The deadline is met if you send the goods before the fourteen-day period expires. You are responsible for the direct costs of returning the goods.
You are only liable for any loss in value of the goods if this loss in value is attributable to handling of the goods that is not necessary for testing their condition, properties, and functionality.
– End of the statutory cancellation policy –
12.2 Exclusion or Premature Termination of the Right of Withdrawal
There is no right of withdrawal for the download of audio or video recordings or computer software.
Furthermore, there is no right of withdrawal for goods that are not prefabricated and for which the consumer’s individual selection or specification is decisive for their manufacture, or that are clearly tailored to the consumer’s personal needs.
Furthermore, there is no right of withdrawal for contracts for the delivery of newspapers, magazines, or periodicals, with the exception of subscription contracts.
12.3 Sample Withdrawal Form
(If you wish to cancel the contract, please fill out this form and return it.)
– To PHOS Medien - Peter Frank, Hüttenzell 5, 94372 Rattiszell, E-Mail: service@phosmedien.de
– Hereby I/we (*) withdraw from the contract I/we (*) entered into for the purchase of the following goods (*) / the provision of the following service (*)
– Ordered on (*) / received on (*)
– Name of the consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only for paper notifications)
– Date
______________________
(*) Delete as appropriate.