Terms and Conditions
I. General Terms and Conditions
§ 1 Basic Provisions
The following terms and conditions apply to all contracts you conclude with us as the provider (PHOENIX Budosport GmbH & Co KG, Westkirchener Str. 90, 59320 Ennigerloh, Germany) via the website phoenix-budoshop.de, unless a modification is agreed upon in writing between the parties. Deviating or conflicting terms and conditions are only effective with our express consent.
We offer our goods only for sale to natural or legal persons or legally competent partnerships that act in the exercise of their commercial or independent professional activity (entrepreneurs) when concluding the legal transaction. A purchase contract with consumers is excluded.
§ 2 Conclusion of the Contract
The subject of the contract is the sale of goods. The essential characteristics of the goods can be found in the respective offer.
By placing the respective product on our website, we make you a non-binding offer to conclude a contract under the conditions specified in the respective offer via the online shopping cart system.
The contract is concluded via the online shopping cart system as follows: The goods intended for purchase are placed in the "shopping cart". You can call up the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time. After calling up the page "Checkout" and entering the personal data as well as the payment and shipping conditions, all order data is finally displayed on the order overview page. If you use an instant payment system (e.g., PayPal / PayPal Express, Amazon Payments, Postpay, Sofort), you will either be redirected to the order overview page in our online shop or to the website of the instant payment system provider. After entering your data, you will be redirected back to our online shop to the order overview page. Before sending the order, you can check and change all the information here again (also via the function "back" of the internet browser) or cancel the purchase. By submitting the order via the corresponding button, you declare the legally binding acceptance of the offer, whereby the contract comes into effect.
You can also submit a binding contract offer (order) by telephone, e-mail, fax, or post. Acceptance of the offer (and thus the conclusion of the contract) is made immediately or at the latest within 5 days by confirmation in text form (e.g., e-mail) in which you are informed about the execution of the order or the delivery of the goods (order confirmation). If you do not receive a corresponding message within this period, you are no longer bound to your order. Any services already provided will be refunded immediately in this case.
Upon request, we will create an individual offer for you, which will be sent to you in text form and to which we are bound for 5 days. You accept the offer with confirmation in text form.
The processing of the order and transmission of all information required in connection with the conclusion of the contract takes place via e-mail, partly automated. You must, therefore, ensure that the e-mail address you provided to us is correct, that the receipt of the e-mails is technically ensured, and in particular that it is not prevented by SPAM filters.
§ 3 Custom-Made Products
You provide us with the necessary information, texts, or files for the individual design of the goods via the online ordering system or at the latest immediately after the conclusion of the contract via e-mail. Our specifications regarding file formats must be observed.
You undertake not to transmit any data whose content violates the rights of third parties (in particular copyrights, name rights, trademark rights) or violates existing laws. You expressly release us from all claims asserted by third parties in this context. This also applies to the costs of the necessary legal representation in this context.
We do not check the transmitted data for content accuracy and assume no liability for errors.
If specified in the respective offer, you will receive a correction template from us, which you must check immediately. If you agree with the draft, you release the correction template for execution by counter-signing in text form (e.g., e-mail). No design work will be carried out without your approval. You are responsible for checking the correction template for accuracy and completeness and informing us of any errors. We do not assume liability for non-reported errors.
§ 4 Prices, Payment Conditions, and Shipping Costs
The prices stated in the respective offers as well as the shipping costs represent net prices. They do not include statutory VAT.
The shipping costs incurred are not included in the purchase price; they are calculated separately unless free shipping delivery is promised. Further details can be found under a correspondingly designated button on our website or in the respective offer.
You have the payment options specified under a corresponding button on our website or in the respective offer. If no other payment period is specified for the individual payment methods or on the invoice, the payment claims from the concluded contract are due for payment immediately. The deduction of discounts is only permissible if explicitly stated in the respective offer or on the invoice.
SEPA Direct Debit (Basic and/or Company Direct Debit)
When paying by SEPA basic direct debit or SEPA company direct debit, you authorize us by issuing a corresponding SEPA mandate to collect the invoice amount from the specified account. The deadline for the advance notice (pre-notification) is shortened to 5 days before the due date. You must ensure sufficient account coverage on the due date. In the event of a return debit note due to your fault, you have to bear the bank fee incurred.
We reserve the right to exclude the payment methods SEPA basic direct debit and/or SEPA company direct debit in individual cases.
§ 5 Delivery Conditions
The expected delivery time is stated in the respective offer. Delivery dates and delivery times are only binding if confirmed by us in writing. In the case of the payment method prepayment by bank transfer, the shipment of the goods takes place only after receipt of the full purchase price and the shipping costs.
If an ordered product is unexpectedly unavailable despite timely conclusion of an adequate hedging transaction for reasons for which we are not responsible, you will be informed immediately about the unavailability and, in case of withdrawal, any payments already made will be refunded immediately.
The shipment is at your risk. If you wish, the shipment will be insured appropriately at your expense.
Partial deliveries are permissible and can be invoiced by us independently, provided that you are not burdened with additional shipping costs as a result.
§ 6 Warranty
The warranty period is one year from delivery of the goods. This period does not apply:
to damages culpably caused by us resulting from injury to life, body, or health and for other damages caused intentionally or by gross negligence;
if we have fraudulently concealed the defect or assumed a guarantee for the quality of the item;
for items used for a building in accordance with their normal use and which have caused its defectiveness;
for statutory recourse claims you have against us in connection with defect rights.
Only our own information and the manufacturer's product description are considered as agreed upon for the condition of the item, but not other advertising, public promotions, and statements by the manufacturer.
In the event of defects, we provide warranty at our discretion through repair or replacement. If the defect remediation fails, you can choose to reduce the price or withdraw from the contract. The defect remediation is considered failed after the second unsuccessful attempt unless something else arises from the nature of the item or the defect or the other circumstances. In the case of repair, we do not have to bear the increased costs caused by moving the goods to a place other than the place of performance if the relocation does not correspond to the intended use of the goods.
§ 7 Liability for Damages Due to Fault
The seller's liability for damages, regardless of the legal grounds, especially due to impossibility, delay, defective or incorrect delivery, breach of contract, breach of duties during contract negotiations, and tort, is limited in accordance with this § 7, insofar as it depends on fault.
The seller is not liable in cases of ordinary negligence of its organs, legal representatives, employees, or other vicarious agents, unless it concerns a breach of essential contractual obligations. Essential contractual obligations are the obligation to timely delivery as well as advisory, protective, and custodial duties that are intended to enable the customer to use the delivery item in accordance with the contract or to protect the life or health of the customer's personnel or to protect the customer's property from significant damage.
As far as the seller is liable for damages according to § 7 (2), this liability is limited to damages that the seller foresaw as a possible consequence of a contract breach at the time of contract conclusion or that he should have foreseen when applying customary care. Indirect damages and consequential damages resulting from defects of the delivery item are also only replaceable if such damages are typically to be expected when using the delivery item as intended.
In case of liability for simple negligence, the seller's obligation to compensate for property damage and the resulting further financial losses is limited to an amount of EUR 5,000,000 per damage event, even if it concerns a breach of essential contractual obligations.
The above exclusions and limitations of liability apply to the same extent in favor of the organs, legal representatives, employees, and other vicarious agents of the seller.
If the seller provides technical information or acts as a consultant and this information or advice is not part of the contractually agreed scope of performance owed by him, this is done free of charge and excluding any liability.
The limitations of this § 7 do not apply to the seller's liability for intentional behavior, for guaranteed quality features, for injury to life, body, or health, or according to the Product Liability Act.
§ 8 Right of Retention, Retention of Title
You can only exercise a right of retention if it concerns claims from the same contractual relationship.
We retain ownership of the goods until full payment of all claims from the current business relationship. Before the transfer of ownership of the reserved goods, pledging or transfer of ownership by way of security is not permitted.
You can resell the goods in the ordinary course of business. For this case, you already now assign all claims in the amount of the invoice amount that arise from the resale to us, we accept the assignment. You are further authorized to collect the claim. As far as you do not properly fulfill your payment obligations, we reserve the right to collect the claim ourselves.
In case of combination and mixing of the reserved goods, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing.
We undertake to release the securities due to you upon your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is at our discretion.
§ 9 Choice of Law, Place of Performance, Jurisdiction
German law applies under the exclusion of the UN Sales Convention.
The place of performance and jurisdiction is our registered office, provided you are a merchant, a legal entity under public law, or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU.
§ 10 Sale of Weapons
When selling goods covered by the Weapons Act, we only enter into contractual relationships with adult customers. For goods listed in Annex 2 of the Weapons Act, your weapon authorization is also required.
By submitting your order, you confirm that you are at least 18 years old and that your details regarding your name and address are correct. You are obliged to ensure that only you or persons authorized by you to receive the delivery and who are of legal age receive the goods.
We instruct the logistics service provider responsible for the delivery to hand over the delivery only to persons over the age of 18 and to check the identity card of the person receiving the goods in case of doubt.
II. Customer Information
1. Identity of the Seller
PHOENIX Budosport GmbH & Co KG Westkirchener Str. 90 59320 Ennigerloh Germany Phone: 025242679280 E-Mail: info@phoenix-budo.de
2. Information on the Conclusion of the Contract
The technical steps to conclude the contract and the conclusion of the contract itself as well as the correction options are carried out in accordance with § 2 of our General Terms and Conditions (Part I).
3. Contract Language, Contract Text Storage
3.1. The contract language is German. 3.2. The complete contract text is not stored by us. Before sending the order or the request, the contract data can be printed or electronically secured using the browser's print function.
These General Terms and Conditions were created by the IT-law specialized lawyers of the Händlerbund and are constantly checked for legal compliance. The Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. For more information, visit: http://www.haendlerbund.de/agb-service.
Last update: 07.12.2017