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Terms of Service
General Terms and Conditions for Consumers
for orders via the online shop http://www.phalanxtaktik.de
Table of Contents:
§ 1 Scope
§ 2 Conclusion of contract
§ 3 prices, shipping costs
§ 4 Payment
§ 5 Delivery
§ 6 Right of Withdrawal
§ 7 Retention of title
§ 8 Warranty rights
§ 9 Liability for Damages
§ 10 data protection
Section 11 Applicable Law
§ 12 Final Provisions
§ 13 Provider identification, summonable address
§ 14 Information on the online platform for the out-of-court settlement of consumer disputes
Section 15 Mandatory information according to Section 36 VSBG on dispute settlement proceedings before a consumer arbitration board
§ 1 Scope
The following terms and conditions apply to all contracts that we (Phalanx Taktik, Jahnstrasse 12, 72393 Burladingen, Germany, represented by the managing director Kaan Götz) have with consumers via our online shop at the Internet address http:// www.phalanxtaktik.de abtermin Consumer within the meaning of these terms and conditions is any natural person within the meaning of § 13 BGB who concludes a legal transaction for purposes that are predominantly neither their commercial nor their independent professional activity be able.
§ 2 Conclusion of contract
1. The product offers presented in our online shop are non-binding and not offers in the legal sense. It is an invitation to the customer to submit a binding offer to us. By clicking the "Add to cart" button, the customer can place the respective goods in the virtual shopping cart. This process is non-binding and does not constitute an offer of contract. Before placing an order, the content of the order, including the customer data, is summarized on an overview page. The customer can correct all order data there using the change fields provided. By ticking the “Accept General Terms and Conditions” box, the customer accepts these terms and conditions as solely relevant for the legal relationship with us. By clicking on the "Order with obligation to pay" button, the customer submits a binding offer to us to conclude a purchase contract. After placing the order, the customer receives an automatically generated e-mail from us, which confirms that we have received or received the order and gives its details (order confirmation). This order confirmation does not constitute acceptance of a contract. A contract is only formed when an order confirmation is sent or when the goods are delivered.
The customer can print out or save ("save as PDF") the content of his order immediately after placing his order by pressing the print function of his Internet browser and, as a registered customer, can also view it later at any time via the "Login" > "My Account" function. Furthermore, we will provide the customer with the contractual provisions, including these General Terms and Conditions, in text form after the order has been placed, at the latest upon delivery of the goods.
2. The customer assures that all information provided when ordering or registering in the online shop (e.g. name, address, e-mail address, bank details, etc.) is correct. Changes are to be communicated to us without delay.
3. The contract language is exclusively German.
4. We only deliver our goods to customers within the Federal Republic of Germany and to customers in German-speaking countries.
§ 3 prices, shipping costs
1. The prices shown in our online shop at the time of the order apply. The prices stated on our website are total prices and include statutory sales tax.
2. Shipping is at the customer's expense. An overview of the shipping options and the resulting shipping costs can be found on the "Shipping costs" information page, which can be called up at any time. The shipping costs are displayed to the customer again at any time before the order is placed in the shopping cart and shown there.
§ 4 Payment
1. Payment is generally made at the customer's choice in advance, cash on delivery or via the payment service provider "PayPal".
2. The purchase price is due without deduction upon delivery.
§ 5 Delivery
1. We are entitled to make partial deliveries to a reasonable extent. If a partial service is provided at our instigation, the customer will not incur any additional shipping costs. Additional shipping costs are only charged in accordance with Section 3 (2) if the partial delivery is made at the express request of the customer.
2. In the event of unavailability of the ordered goods for which we are not responsible as a result of late or incorrect delivery (including the delivery of small quantities) by our (upstream) supplier despite a delivery contract concluded by us with the (upstream) supplier We reserve the right not to deliver the ordered goods. In this case, we undertake to inform you immediately about the non-availability of the ordered goods and to immediately refund any consideration (payments) you have already received.
3. The delivery takes place within the delivery period specified for the respective product. The deadline for delivery begins with payment in advance or payment via the payment service provider "PayPal" on the day after the payment is credited to our account. If the last day of the delivery period falls on a Saturday, Sunday or a public holiday recognized by law at the place of delivery, the next working day takes the place of the corresponding day.
4. If non-compliance with deadlines is due to force majeure, e.g. mobilization, war, riot, or similar events for which we are not responsible, e.g. strike or lockout, the deadlines are extended by the times during which the aforementioned event or its effects last.
§ 6 Right of Withdrawal
Right of withdrawal
right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods.
In order to exercise your right of withdrawal, you must inform us (Phalanx Taktik, Jahnstrasse 12, 72393 Burladingen Germany, e-mail: phalanxtaktik@gmail.com) by means of a clear statement (e.g. a letter sent by post or e-mail). inform you of your decision to withdraw from this contract. You can use the attached sample revocation form, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation
If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (except for the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment. We may refuse repayment until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us immediately and in any event no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
§ 7 Retention of title
1. The delivered goods remain our property until they have been paid for in full.
2. The customer is obliged to treat the goods with care as long as ownership has not yet passed to him. As long as ownership of the goods in the customer's possession has not yet passed to the customer and insofar as maintenance and inspection work has to be carried out on the goods, the buyer must carry this out in good time at his own expense.
3. The customer must notify us in writing of access by third parties to the reserved goods immediately after becoming aware of this. The customer is liable for all costs incurred for the cancellation of such access, in particular for the judicial and extrajudicial costs of filing a third-party objection action, insofar as reimbursement of the costs cannot be obtained from the third party concerned.
§ 8 Warranty rights
1. In the event of a material defect in the purchased item, the statutory provisions apply in principle. This means that the customer can primarily demand supplementary performance, ie subsequent delivery or defect rectification, at his choice. If the other legal requirements are met, the customer is entitled to reduce the purchase price or to withdraw from the contract.
2. All claims for defects become statute-barred two years after delivery.
3. If the customer reports a defect that does not exist according to the inspection by us or a third party commissioned by us, and if the customer was aware of the non-existence of the defect at the time of notification or was wrong about this as a result of gross negligence, the customer to compensate us for the damage incurred. The customer is entitled to prove that the reported defect does exist. Within the framework of the above provisions, we are particularly entitled to demand reimbursement from the customer for expenses incurred by us, for example for examining the item or for the repair requested by the customer.
§ 9 Liability for Damages
The following exclusions and limitations of liability shall apply to our liability for damages, notwithstanding the other statutory entitlement requirements.
1. We are liable if we are guilty of intent or gross negligence. We are only liable for simple negligence in the event of a breach of an obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (so-called cardinal obligation). Furthermore, liability for damages for damages of all kinds, regardless of the basis of the claim, including liability for culpa in contrahendo, is excluded.
2. Insofar as we are liable for simple negligence in accordance with paragraph 1, our liability is limited to the damage that we typically had to expect to occur based on the circumstances known at the time the contract was concluded.
3. The above exclusions and limitations of liability do not apply if we have assumed a guarantee for the quality of the goods, nor if we have fraudulently concealed a defect, nor for damage that is to be compensated under the Product Liability Act, nor for damage to life or limb or health, nor for legal claims.
4. The above exclusions and limitations of liability also apply to our employees, vicarious agents and other third parties we use to fulfill the contract.
5. A change in the burden of proof to the detriment of the customer is not associated with the above regulations.
§ 10 data protection
1. We collect and store the customer data required for business transactions. When processing the customer's personal data, we observe the statutory provisions. Further details can be found in the data protection declaration that can be called up in our online offer.
2. Upon request, the customer receives information about the data stored about his person at any time.
Section 11 Applicable Law
The law of the Federal Republic of Germany applies to these terms and conditions and the entire legal relationship between us and our contractual partners without the reference standards of private international law and excluding the UN Sales Convention (CISG). The mandatory consumer protection provisions within the meaning of Art. 6 Para. 2 Sentence 2 of Regulation 593/2008/EC (Rome I), which are granted to a customer on the basis of mandatory regulations or judicial law in the customer's country of residence, remain unaffected by the above clause on the choice of law. if the customer's country of residence is not identical to our country of domicile; these mandatory consumer protection provisions in favor of the customer are therefore not restricted by the choice of law made in § 11 Sentence 1.
§ 12 Final Provisions
1. This contract contains all agreements made between the parties regarding the subject matter of the contract. Verbal collateral agreements do not exist.
2. Should individual provisions of this contract be or become void or ineffective in whole or in part, this shall not affect the effectiveness of the remaining provisions. Statutory law (§ 306 Para. 2 BGB) takes the place of provisions of this contract that are not included or are ineffective. If such statutory law is not available in the respective case (regulatory loophole) or would lead to an intolerable result, the parties will enter into negotiations to find an effective regulation that comes as close as possible economically to the non-included or ineffective provision.
§ 13 Provider identification, summonable address
Our summonable address for complaints and other declarations of intent is:
phalanx tactics
Managing Director: Kaan Goetz
Jahnstrasse 12
72393 Burladingen, Germany
Internet: http://phalanxtactics.de
Email: phalanxtactics@gmail.com
Due to the small business status according to § 19 UStG, we do not charge sales tax and therefore do not report it.
§ 14 Information on the online platform for the out-of-court settlement of consumer disputes
The European Commission has set up an online arbitration platform (so-called “OS platform”) to which customers (as consumers) can turn for the out-of-court settlement of consumer disputes relating to contractual obligations arising from online sales contracts/online service contracts. The platform can be reached at http://ec.europa.eu/consumers/odr/
Section 15 Mandatory information according to Section 36 VSBG on dispute settlement proceedings before a consumer arbitration board
In accordance with Section 36 Paragraph 1 No. 1 of the Consumer Dispute Settlement Act, we hereby inform the consumer as follows: We are currently not willing and not obliged to participate in dispute settlement proceedings before a consumer arbitration board. For this reason, there is no need to refer to the consumer arbitration board that is hypothetically responsible in accordance with Section 36 (1) No. 2 HS. 1 VSBG.
The requirements of § 37 VSBG apply:
(1) The entrepreneur must refer the consumer to a consumer arbitration board responsible for him, stating its address and website, if the dispute over a consumer contract cannot be resolved by the entrepreneur and the consumer. At the same time, the entrepreneur states whether he is willing or obliged to participate in a dispute settlement procedure at this consumer arbitration board. If the entrepreneur is willing or obliged to participate in the dispute settlement procedure of one or more consumer arbitration boards, he must specify this body or these bodies.
(2) The notice must be given in text form.
In accordance with Section 37 VSBG (information after the dispute has arisen), we will provide the consumer concerned with the information required under Section 37 VSBG individually and in text form.
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