General Terms & Conditions

I. General terms and conditions

 

§ 1 Basic provisions

 

(1) The following terms and conditions apply to contracts that you conclude with us as a provider (PhV GmbH) via website https://www.phv-gmbh.de/shop/. Unless otherwise agreed, the inclusion of your own conditions you use may object.

 

(2) Consumers in the sense of the following regulations is every natural person who concludes a legal transaction for purposes that can mostly be attributed to their commercial nor their independent professional activity. An entrepreneur is every natural or legal person or a legal partnership that acts in the exercise of their independent professional or commercial activity when the legal transaction is concluded.

 

 

§ 2 Constitution of the contract

 

(1) The subject of the contract is the sale of goods. Our offers on the Internet are non -binding and not a binding offer to conclude a contract.

 

(2) You can submit a binding purchase offer (order) via the online goods basket system. The goods intended for purchase are stored in the "shopping cart". You can call up the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time. After accessing the "Cash" page and entering the personal data as well as the payment and shipping conditions, all order data will finally be displayed on the order overview page. the "Back" function of the internet browser) or to cancel the purchase. By submitting the order via the "Order" button, you submit a binding offer from us. You will first receive an automatic email about the receipt of your order, which does not yet lead to the conclusion of the contract.

 

(3) The acceptance of the offer (and thus the conclusion of the contract) takes place within 2 days by confirmation in text form (e.g. email), in which the execution of the order or delivery of the goods is confirmed (order confirmation). If you have not received a corresponding message, you are no longer tied to your order. In this case, services that have already already been performed will be refunded immediately.

 

(4) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partially automated by email. You therefore have to ensure that the email address you have stored is correct, the reception of the emails is technically ensured and, in particular, is not prevented by spam filters.

 

 

§ 3 of the right of retention, retention of title

 

(1) You can only exercise a right of retention, insofar as it is claims from the same contractual relationship.

 

(2) The goods remain our property until the purchase price has been paid in full.

 

(3) If you are an entrepreneur, the following applies in addition:

a) We reserve the ownership of the goods until the full compensation of all claims from the ongoing business relationship. Before the transfer of ownership of the reserved goods, pledging or transfer of security is not permitted.

b) You can resell the goods in the ordinary course of business. In this case, you are already entering all claims in the amount of the invoice amount that grows from resale from resale, we accept the assignment. They are further authorized to collect the claim. If you do not properly meet your payment obligations, we reserve the right to collect the claim yourself.

c) In the event of connection and mixing of the goods subject to retention of title, we acquire co -ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed objects at the time of processing.

d) We undertake to release the collateral we are entitled to insofar as the realizable value of our collateral exceeds the claim to be secured by more than 10%. We are responsible for selecting the releases to be released.

 

 

§ 4 Warranty

 

(1) The statutory liability rights exist.

 

(2) As a consumer, you are asked to immediately check the matter for completeness, obvious defects and transport damage when delivered and to inform us of complaints as well as the freight forwarder as soon as possible. If you do not comply, this has no impact on your legal warranty claims.

 

(3) Insofar as they are entrepreneurs, deviating from the above warranty regulations:

a) The nature of the item is only agreed by our own information and the manufacturer's product description, but not other advertising, public prices and statements by the manufacturer.

b) In the event of defects, we provide guarantee by rectification or subsequent delivery. If the deficiency has failed, you can request a reduction or withdraw from the contract after your election. After unsuccessful second attempt, the elimination of defects is considered failed if something else does not result from the type or lack or the other circumstances. In the event of improvement, we do not have to bear the increased costs that result from the transfer of the goods to a location other than the place of performance, provided that the transfer does not correspond to the intended use of the goods.

c) The warranty period is one year from delivery of the goods. The shortening of the deadline does not apply: -

- for us attributable culpably caused damage from the violation of life, body or health and in the event of intentionally or grossly negligent other damage;

- as far as we have fraudulently concealed the defect or have given a guarantee for the nature of the matter;

- in the case of things that have been used for a building according to their usual use and whose deficiency have caused;

- In the case of statutory recourse claims that you have in connection with defects rights against us.

 

 

§ 5 of the law, place of performance, place of jurisdiction

 

(1) German law applies. In the case of consumers, this choice of law only applies if the protection granted by mandatory provisions of the law of the usual residence of the consumer is not withdrawn (principle of benefits).

 

(2) The place of performance for all services from the business relationships and the place of jurisdiction that exist with us is our seat, unless you are a consumer, but a merchant, legal entity under public law or special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or the place of residence or habitual residence at the time of the lawsuit is not known. The authority to call the court at another legal place of jurisdiction remains unaffected.

 

(3) The provisions of the UN sales law expressly do not apply.

 

II. Customer information

 

1. Identity of the seller

 

PhV GmbH

Bahnhofstr. 33

39624 Kalbe (Milde)

Telephone: 0390-303243

E-Mail: Onlineeshop@phv-gmbh.de

 

 

2. Information on the conclusion of the contract

The technical steps to conclude the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the regulations of "Creating the Treaty" of our general terms and conditions (part I.).

 

3. Contract language, contract text storage

 

3.1. Contract language is German.

3.2. We do not save the full contract text. Before sending the order via the online shopping cart system, the contract data can be printed out or electronically secured via the print function of the browser. After receipt of the order from us, the order data, the statutory information for distance contracts and the general terms and conditions will be sent to you again by email.

 

 

4. Essential features of the goods or service

The essential features of the goods and/or service can be found in the respective offer.

 

 

5. Prices and payment modalities

 

5.1. The prices listed in the respective offers and the shipping costs represent total prices. They contain all price components including all taxes.

5.2. The shipping costs incurred are not included in the purchase price. They can be called up on our website or in the respective offer via a correspondingly designated button, are shown separately during the ordering process and must be borne by you, unless the shipping -free delivery is agreed. 5.3. The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.

5.4. Unless otherwise stated in the individual payment methods, the payment claims from the concluded contract are immediately due for payment.

 

6. Delivery conditions

 

6.1. The delivery conditions, the delivery date and, if necessary, existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.

6.2. If you are consumers, it is regulated by law that the risk of random doom and the random deterioration of the sold thing is only transferred to you during the dispatch with the transfer of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have commissioned a transport company that is not named by the entrepreneur or a person otherwise intended to carry out the dispatch. If you are an entrepreneur, the delivery and dispatch takes place at your risk.

 

7. Law legal liability law

 

The liability for defects is based on the regulation "warranty" in our general terms and conditions (part I).

These terms and conditions and customer information were created by the dealers specializing in IT law and are permanently checked for legal conformity. The Handlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of warnings.

 

You can find more information at: https://www.haendlerbund.de/agb-service. Last update: October 23, 2019