Terms of service

OVERVIEW

This website is operated by philabooks. Throughout the site, the terms ‘we’, ‘us’ and ‘our’ refer to philabooks.

Please read these terms and conditions carefully before accessing or using our website. By accessing or using any part of the website, you agree to be bound by these terms and conditions.

Our shop is hosted on Shopify Inc. Shopify provides us with the online e-commerce platform that enables us to sell our products and services to you.

1. General - Scope of application

1.1 The following General Terms and Conditions apply to all business relationships between us and our customers. The version valid at the time the contract is concluded shall apply.

1.2 Consumers within the meaning of the Terms and Conditions are natural persons with whom we enter into a business relationship without a commercial or independent professional activity being attributable to them. Entrepreneurs within the meaning of the Terms and Conditions are natural or legal persons or partnerships with legal capacity with whom we enter into business relationships and who act in the exercise of a commercial or independent professional activity. Customers within the meaning of these Terms and Conditions are both consumers and entrepreneurs.

1.3 Deviating, conflicting or supplementary General Terms and Conditions shall not become part of the contract, even if known, unless their validity is expressly agreed to in writing.

2. Conclusion of contract

2.1 Our offers are non-binding and are subject to the condition that the product is still in stock or available from us.

2.2 By placing an order, the customer makes a binding contractual offer. We will confirm receipt of the customer's order. The confirmation of receipt does not constitute a binding acceptance of the order. The confirmation of receipt may be combined with the declaration of acceptance.

2.3 We are entitled to accept the contractual offer contained in the order within seven working days of receipt. We are authorised to refuse to accept the order.

3. reservation of title

3.1 We reserve title to the goods until the purchase price has been paid in full.

3.2 We are entitled to withdraw from the contract and demand the return of the goods if the customer acts in breach of contract, in particular in the event of default in payment or breach of an obligation under clauses 2 and 3 of this provision.

4. Cancellation

Consumers are generally entitled to a right of cancellation.

Further information on the right of cancellation can be found in the seller's cancellation policy.

5 Prices and remuneration

5.1 The quoted price is binding. All prices quoted are total prices (plus shipping costs if applicable). VAT exempt due to small business regulation according to the UStG. In the case of sale by dispatch, the price is subject to a flat-rate delivery charge.

5.2 The payment options are communicated to the customer in the online shop or can also be agreed bilaterally between the contracting parties.

5.3 If advance payment has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed a later due date.

5.3 The customer undertakes (unless advance payment has been agreed) to pay the price within 10 days of receipt of the service. After expiry of this period, the customer shall be in default of payment. During the period of default, the consumer shall pay interest on the debt at a rate of 5% above the base rate. During the period of default, the entrepreneur shall pay interest on the debt at a rate of 8% above the base rate. We reserve the right to prove and assert a higher default interest claim against the entrepreneur.

5.4 The prices for our products are subject to change without prior notice.

6 Warranty

6.1 Consumers have the choice of whether subsequent fulfilment is to take the form of rectification or replacement delivery. We are entitled to refuse the type of subsequent fulfilment chosen if it is only possible at disproportionate cost and the other type of subsequent fulfilment is without significant disadvantages for the consumer.
In the case of companies, we initially provide warranty for defects in the goods at our discretion by repair or replacement.

6.2 If the subsequent fulfilment fails or is not possible due to the nature of the goods ordered, the customer may, at his discretion, demand a reduction in price or remuneration (reduction), cancellation of the contract (withdrawal) or compensation instead of performance. If the customer chooses compensation instead of performance, the limitations of liability according to § 8 clauses 1 and 2 shall apply. However, the customer shall not be entitled to withdraw from the contract in the event of only minor defects.

6.3. Entrepreneurs must notify us in writing of obvious defects within a period of one week from receipt of the goods; otherwise the assertion of the warranty claim shall be excluded. Timely despatch shall suffice to meet the deadline. The entrepreneur shall bear the full burden of proof for all claim requirements, in particular for the defect itself, for the time of discovery of the defect and for the timeliness of the notice of defect.

6.4 The warranty period for consumers for used goods is one year from delivery of the goods, for new goods the statutory warranty period applies. The warranty period for entrepreneurs is one year from delivery of the goods. The warranty period for used goods is one year from delivery of the goods. The one-year warranty period shall not apply if we can be accused of gross negligence or in the event of physical injury or damage to health attributable to us or in the event of loss of life of the customer. Our liability under the Product Liability Act remains unaffected by this.

6.5 The customer is requested to complain to the deliverer about delivered goods with obvious transport damage and also to inform us of this.

7. limitations of liability and exemption from liability

7.1 We shall only be liable, except in the event of a breach of material contractual obligations, if and to the extent that our legal representatives and vicarious agents are guilty of intent or gross negligence. In the absence of intent or gross negligence, our liability shall be limited to the damage that was typically foreseeable at the time the contract was concluded.

7.2 The aforementioned exclusion or limitation of liability shall not apply if and to the extent that we have warranted certain characteristics or given guarantees. Furthermore, they do not apply to damages resulting from injury to life, limb or health or in the case of mandatory statutory provisions.

7.3 We do not assume any guarantee, responsibility or warranty that the use of our services will be uninterrupted, timely, secure or error-free.

8. conditions for the online shop

8.1 Errors and prior sale are reserved.

8.2 By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in your country of residence.

8.3 You may not use our products for any illegal or unauthorised purpose, nor may you, by using the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

8.4 In the case of items offered with Nazi emblems or symbols, the buyer agrees to purchase them for historical and scientific collecting purposes only. They are not to be used in any way for propaganda purposes, in particular in the sense of § 86 StGB.

8.5 You agree to provide current, complete and accurate purchase and account information for all purchases made in our shop. You agree to promptly update your account and other information, including your email address and credit card numbers and expiry dates, so that we can complete your transactions and contact you if necessary.

8.6 You must not transmit any worms or viruses or other code of a destructive nature.

9. data protection

The protection and security of your personal data is very important to us. We would therefore like to draw your attention to our privacy policy.

10. changes to the General Terms and Conditions

10.1 You can view the latest version of the General Terms and Conditions at any time on this page.

10.2 We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website regularly for any changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.

11. final provisions & dispute resolution

11.1. the law of the Federal Republic of Germany shall apply. In the case of consumers who do not conclude the contract for professional or commercial purposes, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply.

11.2 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 our registered office. The same shall apply if the customer does not have a general place of jurisdiction in Germany or if his place of residence or habitual abode is unknown at the time the action is filed.

11.3 Should individual provisions of the contract with the customer, including these General Terms and Conditions, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The wholly or partially invalid provision shall be replaced by a provision whose economic success comes as close as possible to that of the invalid provision.

11.4 We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

In this context, we are obliged to provide you with our e-mail address. This is: info@philabooks.com