TERMS AND CONDITIONS
These terms and conditions apply to all purchases from Philomena made by private customers. Private customers in this sense are people with a place of residence and a delivery address in the Federal Republic of Germany, insofar as the goods they have ordered cannot be attributed to their commercial or independent professional activity.
Prices and shipping costs
The awarded prices are final prices including sales tax. The amount that is shown at the time of the binding order applies. There are also shipping costs, which depend on the shipping method and the size and weight of the goods you have ordered. You can find out more about the details under shipping and payment conditions. You bear the regular costs of the return, which arise in the event of a return of the goods by you exercising your right of withdrawal.
Payment is made upon delivery by means of
– Payment in advance
Default in payment
If you are in default of payment, Philomena is entitled to charge interest on arrears at a rate of 5 percentage points above that known by the Deutsche Bundesbank for the time of the order to demand the given base interest rate pa. If Philomena has demonstrably incurred higher damage caused by delay, Philomena is entitled to assert this.
Right of retention
The customer is only authorized to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship based.
(1) Delivery is made to the delivery address specified by the customer within
– Germany and Austria
(2) Does force majeure (natural disasters, war, civil war, terrorist attack) make the delivery or If any other service is permanently impossible, Philomena’s obligation to perform is excluded. Amounts already paid will be refunded by Philomena immediately.
(3) Philomena can also refuse performance if this requires an effort that is grossly disproportionate, taking into account the content of the purchase contract and the requirements of good faith to the interest of the customer in the fulfillment of the purchase contract. Amounts already paid will be refunded by Philomena immediately.
(1) When returning the goods and accessories, please use the original packaging if possible, even if it has an opening Functional check should be damaged. You have to bear the costs of the return.
Retention of title
The delivered goods remain the property of Philomena until all claims against the customer from the purchase contract have been settled in full. As long as this retention of title exists, the customer may neither resell nor dispose of the goods; in particular, the customer may not contractually grant third parties any use of the goods.
(1) A product that is already defective upon delivery (warranty case) will be replaced by Philomena at the customer’s option and at the expense of Have Philomena replaced by a defect-free replacement or professionally repaired (subsequent performance). The customer is informed that there is no warranty case if the product had the agreed quality at the time of the transfer of risk. A warranty claim does not exist in the following cases in particular:
a) damage caused by misuse or improper use by the customer,
b) damage caused as a result, that the products have been exposed to harmful external influences at the customer’s premises (in particular extreme temperatures, humidity, unusual physical or electrical stress, voltage fluctuations, lightning strikes, static electricity, fire).
(2) Philomena also assumes no liability for an error caused by improper repair or other improper handling.
(3) If the type of supplementary performance desired by the customer (replacement delivery or repair) requires an expense that, in view of the product price, takes into account the content of the contract and the dictates of good faith grossly disproportionate to that If the customer’s interest in performance is relevant – in particular the value of the object of purchase in a defect-free condition, the significance of the defect and the question of whether another type of supplementary performance can be used without significant disadvantages for the customer – the customer’s claim is limited to the respective other type of supplementary performance. Philomena’s right to refuse this other type of subsequent performance under the aforementioned condition remains unaffected.
(4) Both in the case of repairs and in the case of replacement delivery, the customer is obliged to send the product to the return address provided by you at your own expense, stating the order number. Before sending in the customer has to remove objects inserted by him from the product. Philomena is not liable for the loss of such items, unless Philomena was immediately aware when the product was taken back that such an item had been inserted into the product (in this case, Philomena will inform the customer and hold the item for the customer ready for collection; the customer bears the resulting costs). In addition, before sending in a product for repair or replacement, the customer must, if necessary, make separate backup copies of the system software on the product, the applications and all data on a separate data medium and deactivate all passwords. Liability for data loss is not taken. Likewise, after the repaired product or replacement product has been returned to the customer, it is the customer’s responsibility to install the software and data and to reactivate the passwords.
(5) If the customer sends the goods in for a replacement product the return of the defective product is based on the following stipulation: If the customer was able to use the goods between delivery and return in a defect-free condition, he must reimburse the value of the benefits he has derived. The customer must pay compensation for loss or further deterioration of the goods that was not caused by the defect and for the impossibility of handing over the goods that did not occur due to the defect in the period between delivery of the goods and return of the goods. The customer does not have to pay any compensation for the deterioration of the goods caused by the intended use of the goods. The obligation to compensate for the value does not apply to the return of a defective product in a warranty case
a) if the defect that entitles you to withdraw only becomes apparent during processing or has shown remodeling,
b) if Philomena is responsible for the deterioration or loss or if the damage would also have occurred at Philomena,
c) if the deterioration or loss occurred at the customer is, although he has taken the care that he usually uses in his own affairs.
(6) The customer’s liability for damages in the event of a breach of the return obligation for which the customer is responsible is based on the statutory provisions. p>
(7) The customer can choose to withdraw from the contract or reduce the purchase price if the repair or replacement delivery does not lead to a contractual condition of the product within a reasonable period.
(8 ) In addition, there may also be claims against the manufacturer within the framework of a guarantee granted by the manufacturer, which are based on the corresponding guarantee conditions.
(9) Philomen’s statutory guarantee a ends two years after delivery of the goods. The period begins with the receipt of the goods.
(1) In the case of slight negligence, Philomena is only liable for the violation of essential contractual obligations and limited to the foreseeable damage. This limitation does not apply to injury to life, limb or health. Philomena is not liable for other damage caused by slight negligence due to a defect in the purchased item.
(2) Regardless of whether Philomena is at fault, Philomena’s liability in the event of fraudulent concealment of the defect or the assumption of a guarantee remains unaffected. The manufacturer’s guarantee is a guarantee given by the manufacturer and does not constitute an acceptance of a guarantee by Philomena.
(3) Philomena is also responsible for the accidental impossibility of delivery occurring during its delay, unless the damage would have occurred even if the delivery had been made on time.
(4) The personal liability of Philomena’s legal representatives, vicarious agents and employees for damage caused by them through slight negligence is excluded.
Applicable law< /h3>
The contract concluded between you and Philomena is exclusively subject to the law of the Federal Republic of Germany, with the express exclusion of the UN Sales Convention. The mandatory provisions of the state in which you have your usual residence remain unaffected.
If, contrary to your information when ordering, you do not have a place of residence in the Federal Republic of Germany or after conclusion of the contract If you move your place of residence abroad or your place of residence is not known at the time the complaint is filed, the place of jurisdiction for all disputes arising from and in connection with the contractual relationship is Munich.
General information requirements for alternative dispute resolution according to Art. 14 Para. 1 ODR-VO and § 36 VSBG (Consumer Dispute Settlement Act):
The European Commission provides a platform for online dispute resolution (OS), which you can find at this address: http://ec.europa.eu/consumers/odr/. We are not obliged and not willing to participate in a dispute settlement procedure before a consumer arbitration board.
(1) Should individual provisions of this contract be or become wholly or partially invalid or void, this does not affect the validity of the rest of the contract, insofar as a contractual partner is not unreasonably disadvantaged by this.
(2) Changes or additions to this contract must be in writing.