General terms and conditions
§ 1 Validity
(1) The General Terms and Conditions (GTC) are an integral part of the contracts concluded between the customer (hereinafter also: "you" or "you") and Philos Spiel- und Geschenkartikel GmbH & Co. KG, Friedrich-List-Str. 65, 33100 Paderborn (hereinafter also: "Seller" or "us" or "we"), which are concluded via the Internet pages of the Seller. Deviating conditions of the customer are not recognized, unless we expressly agree to their validity in writing.
(2) Customers in the sense of these GTC are both consumers and entrepreneurs.
§ 2 Conclusion of contract
(1) The contract is concluded as follows via the website: The catalog of goods displayed on the website does not constitute an offer in the legal sense. With the order you declare bindingly your contract offer. Input errors can be corrected before sending the order using the usual keyboard and mouse functions. By clicking on the button that concludes the order, you submit a binding offer to purchase. Upon receipt of your offer by us, you will receive an automatically generated e-mail, which lists the receipt of the order and its details. This confirmation does not constitute an acceptance of the offer by us. The acceptance is either expressly declared or occurs with the delivery of the goods.
(2) The text of the contract will be stored by us and will be sent to you together with the included GTC by e-mail. You can also view and download the GTC at any time on our website. You can view your past orders in our customer login.
§ 3 Prices, payment, delivery
(1) The indicated prices are final prices, i.e. including the legal value added tax and plus the delivery and shipping costs.
(2) The following payment methods are available in our store:
(2.1)
- PayPal
- credit card- direct debit
- Sofort
These payment methods are handled by PayPal. Payment via PayPal does not require the customer's own PayPal account.
(2.2) Prepayment
If you choose the payment method prepayment, we will give you our bank details in the order confirmation.
The payment term is 7 working days. We will ship the goods as soon as the money has been credited to our account.
(3) If the customer is an entrepreneur, the following shall apply: Regardless of whether transport is carried out by us, by the customer or by a third party, the risk shall pass to the customer as soon as loading is commenced or the customer fails to comply with the obligation to accept the goods.
(4) The delivery time information can be found in the product descriptions.
§ 4 Warranty
(1) The statutory provisions shall apply to the Customer's rights in the event of material defects and defects of title.
(2) Information on any additional warranties and their exact conditions can be found with the product and on special information pages in the store.
§ 5 Liability
(1) Liability for damages other than to life, limb or health is excluded, unless the damage is based on intentional or grossly negligent conduct of the seller, one of its legal representatives or one of its agents and the behavior is not a breach of essential contractual obligations. Material contractual obligations are obligations the fulfillment of which is essential for the proper performance of the contract and on the fulfillment of which the customer may regularly rely.
(2) This exclusion of liability shall not apply insofar as claims under the Product Liability Act are concerned, a defect was fraudulently concealed or a guarantee of quality was assumed.
§ 6 Retention of title
The goods remain the property of the seller until full payment has been made.
§ 7 Final Provisions
(1) The relations between the contracting parties shall be governed by the law applicable in the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). In relation to a consumer, this choice of law shall only apply to the extent that no mandatory statutory provisions of the state in which he has his residence or habitual abode are restricted thereby.
(2) If the Customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be the Seller's registered office. The same shall apply if the Customer does not have a general place of jurisdiction in Germany or if the Customer's place of residence or habitual abode is unknown at the time the action is brought.
(3) The language of the contract is German. An English version of the contract is also available.
(1) The relations between the contracting parties shall be governed by the law applicable in the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). In relation to a consumer, this choice of law shall only apply to the extent that no mandatory statutory provisions of the state in which he has his residence or habitual abode are restricted thereby.
(2) If the Customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be the Seller's registered office. The same shall apply if the Customer does not have a general place of jurisdiction in Germany or if the Customer's place of residence or habitual abode is unknown at the time the action is brought.
(3) The language of the contract is German. An English version of the contract is also available.
Notice for online dispute resolution
Online dispute resolution in accordance with Article 14 (1) ODR Regulation: The European Commission provides a platform for online dispute resolution (OS), which you can find at http://ec.europa.eu/consumers/odr/. You can find our e-mail address in our imprint.
Protection of minors
If your order includes goods whose sale is subject to age restrictions, we ensure that the customer has reached the required minimum age by using a reliable procedure involving a personal identity and age check. The delivery person will only hand over the goods after the age check has been carried out and only to the customer personally.