GENERAL TERMS AND CONDITIONS (GTC) ONLINE TRADE
The Phoenix Marketing Agency for Online Trade
(with instruction on the right of withdrawal according to the regulations of §§ 312d, 355, 356 BGB)
§ 1 – Contracting party
- The sale is made in the name of and for the account of a principal or for the account of the seller. This is evident from the type of trading event and the invoice.
- Phönix VermarktungsAgentur as the seller is entitled to collect and sue for purchase monies and ancillary services in its own name for the account of the principal and in its own name for its own account.
- The agreed place of performance and jurisdiction is Magdeburg/Saxony-Anhalt.
§ 2 – Conclusion of contract
- Our information on goods, in particular their quantity, is non-binding.
- the contract of sale for the item(s) selected by you is concluded when
- in the case of sales promotions, we accept your order by notifying you of the delivery of the goods (not already when we only confirm receipt of your order!)
- in the case of online auctions, your bid is the highest and therefore successful bid at the end of the time specified by the seller.
- As the seller, Phönix Marketing Agency may combine or separate items for sale as groups, sell them outside any conceivable sequence or withdraw them.
§ 3 – Right of withdrawal
- As a buyer, consumers are generally entitled to a right of revocation according to § 355 BGB or a right of return according to § 356 BGB in accordance with the rules in § 312d BGB.
- If a consumer is granted a right of revocation under this provision, he is no longer bound by his declaration of intent to conclude the contract if he has revoked it in due time. The revocation does not have to contain a reason and must be declared to us in text form or by returning the item within two weeks; timely dispatch shall suffice to meet the deadline.
- The period shall commence at the point in time at which a consumer has been informed in text form of his right of revocation as set out here in our General Terms and Conditions.
- Pursuant to Section 355, Paragraph 2, Sentence 2 of the German Civil Code (BGB), the revocation period is one month if the information is provided after conclusion of the contract.
- Timely dispatch is sufficient to comply with the time limit. The right of revocation expires at the latest one month after conclusion of the contract.
- You may exercise the right of revocation in writing or on another durable data medium, by e-mail, and return the goods. The declaration of revocation must be sent to the following postal address: Phönix VermarktungsAgentur, Kleiner Stadtmarsch 9, 39114 Magdeburg, e-mail: firstname.lastname@example.org.
- If large goods are to be returned, the place of return must be agreed with Phönix VermarktungsAgentur.
- The aforementioned right of revocation does not apply if the legal transaction can be attributed to a commercial or professional activity of the buyer and/or the buyer has not concluded the contract online but directly at one of our locations.
- In the event of timely revocation, we shall refund the value of the goods paid for after receipt of the goods by us. The buyer is obliged to return the goods. In the case of an order value up to an amount of 40.00 euros, the return costs are to be borne by you in the event of revocation, unless the delivered goods do not correspond to the ordered goods. If the value of the goods is higher, we will bear the return costs. In the case of defective goods or incorrect delivery, we shall bear all costs incurred for the return.
- This right of withdrawal expires at the end of the withdrawal period.
- According to § 312d BGB, this right of revocation does not apply to distance contracts,
for the delivery of goods that are specially manufactured according to the customer’s wishes or tailored to the customer’s needs or that are not suitable for return due to their nature, can spoil quickly or whose expiry date would be exceeded,
for the delivery of audio or video recordings or of software, if the delivered data carriers have been unsealed by the consumer,
for the supply of newspapers, periodicals and magazines,
for the provision of betting and lottery services concluded in the form of auctions (§ 156 BGB).
- If the goods have already been used by the buyer and show signs of use, the Phönix Marketing Agency may charge the buyer for the reduction in value and the value of the use. Printed products may be taken out of the packaging and inspected to check that they are free of defects. However, in the event of use going beyond this, we reserve the right to charge you for the reduction in value and the value of the use.
§ 4 – Delivery/collection of the goods
- For normal deliveries, a flat-rate delivery charge applies, which is visible in the respective online trade promotion. In the case of deliveries abroad, the buyer shall bear all additional customs duties and taxes. If special requests regarding the type of shipment, e.g. express delivery, result in additional costs for you (also to be borne by you), we will inform you of these before the goods are shipped.
- The place of performance is our company headquarters in 39114 Magdeburg.
- If collection of the goods by the buyer is agreed, the goods must be collected from us no later than 10 working days after conclusion of the contract.
- If delivery by us is agreed, we shall endeavour to deliver as a rule within approx. 5 working days after conclusion of the contract. The delivery time may be extended in special cases without the buyer being entitled to compensation or other claims of any kind.
- We shall not be liable for any loss of profit and/or earnings or any other costs or losses in this connection, likewise not in the event of strike etc. as well as delays due to force majeure and/or delayed repair and delivery of the goods.
- We are entitled to make partial deliveries. Any additional shipping costs incurred as a result shall be borne by us. If the buyer requests partial deliveries, although we are prepared to deliver in a complete consignment, the additional costs shall be borne by the buyer. He will be informed of these costs in advance.
- The risk of accidental loss and accidental deterioration shall pass to the buyer upon dispatch or handover of the items to a forwarding company. If collection by the buyer has been agreed, this risk shall pass to the buyer at the time of acceptance of his bid, but at the latest at the time the buyer defaults on collection.
§ 5 – Terms of payment, retention of title
- The delivered goods remain the property of the seller until full payment has been made. We are entitled to withdraw from the contract if you are in default of payment.
- We only accept the methods of payment offered by us.
- International bank transfers: We also deliver to buyers/buyers outside Germany. In this case, separate shipping costs are incurred, which you will be informed of before delivery, or which you can request in advance by e-mail. Shipment to foreign countries is only possible against prepayment.
- If you are in default of payment, we are entitled to charge interest on arrears at a rate of at least 5% points above the base rate (8% percentage points for entrepreneurs) of the European Central Bank.
- Ownership of the objects of purchase shall not pass to the buyer until the purchase price has been paid in full. Prior to the transfer of ownership, the buyer shall not be entitled to transfer to third parties the expectant right to the acquisition of ownership to which he is entitled, to encumber it with lien security or other rights and to allow third parties to take possession of the objects of purchase. We reserve the right to take back the objects of purchase at any time if the buyer/buyer is in default of payment. In this case, the buyer/buyer is immediately obliged and prepared to surrender the goods. The assertion of damage caused by default remains unaffected by this. We must be informed immediately of any change of location and of interventions by third parties, in particular of seizures; in the case of seizures, the corresponding seizure protocol must be enclosed.
§ 6 – Warranty and liability
- The contracting parties are aware that the objects of purchase are used items, possibly with a defective condition. These are sold in their current condition, whereby, even if the objects of purchase have damage, they are agreed by mutual consent to be in conformity with the contract. In particular, the contracting parties agree that the condition of the objects of purchase may well deviate from the presumed or usual use.
- The buyer shall inspect the goods before placing an order or bid in order to fully satisfy himself as to their condition. If he refrains from doing so, he alone assumes the resulting risk.
- Any claims of the buyer against the seller due to deviations from this are expressly excluded. The contractual items are usually in a used condition. No special properties are warranted, in particular statements regarding visible and hidden defects, previous damage, operational safety and permissibility, dimensions, weights, fuel consumption, year of manufacture, usability, quality, quantity, dimensional accuracy, as well as duration and extent of use, etc. are to be regarded as approximate only and were made on the basis of the circumstances that came to our knowledge, which, however, we have not verified and for which the seller is not liable.
- Catalogue or nameplate details and the like are not guaranteed properties and are non-binding. Liability for advertising and other manufacturer’s statements is excluded. Photos and illustrations may also depict similar items. Decoration/accessories shown in photos and illustrations are not part of the item.
- Some of the products depicted in the illustrations may show special equipment and deviations etc. that are not included in the purchase price. Illustrations are therefore to be regarded as approximate and non-binding. We accept no liability for colour deviations or deviations in technical features. Before placing an order or submitting an offer, please inspect the objects of purchase or request further details by e-mail: email@example.com.
- If the buyer is at least 10 calendar days in arrears with payment and/or collection, we are entitled to sell the items again by private contract without setting a deadline and to claim the first buyer for any reduced proceeds. However, he shall not be entitled to any additional proceeds.
- The seller assumes neither a guarantee of quality nor a guarantee of durability within the meaning of § 443 of the German Civil Code (BGB). The buyer declares that no statements within the meaning of § 434 I p. 3 BGB (German Civil Code) have been made and is expressly informed of possible limitations of the quality. In particular, he cannot assert a claim for subsequent performance. Liability for hidden defects and consequential damages is excluded.
- The parties mutually exclude: any claims of the buyer (in particular, if he is a businessman) for supplementary performance, rectification of defects, subsequent delivery, rescission, reduction of the purchase price, compensation for damages as a result of material defects and defects of title, reimbursement of expenses, compensation for damages under the general law on breach of contract with modification of § 440 BGB, compensation for damages under §§ 280, 281 BGB (minor and major compensation for damages) as well as compensation for damages caused by delay due to material defects and defects of title.
- We shall not be liable for any loss of profit or any other losses and costs incurred in connection therewith, nor in the event of strike or force majeure, e.g. as a result of delayed repair or delivery of the goods. An assembly of the purchased goods is not agreed.
§ 7 – Miscellaneous
- German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods, even if the order is placed from or delivered to a foreign country. Even if you have your residence or habitual abode abroad, Magdeburg/Saxony-Anhalt shall be the place of jurisdiction for all claims in connection with your order. We are also entitled to take legal action at your general place of jurisdiction. In the event of a legal dispute, our address for service of process is: Phönix VermarktungsAgentur, Kleiner Stadtmarsch 9, 39114 Magdeburg, represented by the business owner Mr Joachim Zepernick, e-mail: firstname.lastname@example.org.
- Should a non-essential part of a contract under these terms and conditions be or become invalid, this shall not affect the validity of the rest of the contract.
§ 8 – Data protection
- Personal data that you send to us online, e.g. through enquiries or similar, will be treated confidentially.
- By sending this data, you expressly agree that your data may be recorded in our EDP system for processing in accordance with the Federal Data Protection Act.
Phönix Vermarktungsagentur, Business owner: Joachim Zepernick, Kleiner Stadtmarsch 9, 39114 Magdeburg Phone: +49 391 597 532 67, EMail: email@example.com, Sales tax ID: DE 59678340191