General Terms and Conditions of Business
§ 1 General
- These General Terms and Conditions of Business (as amended) shall apply to business relationships of any kind between Philatelic Center Briefmarkenkiste, Karolingerweg 22-24, 68239 Mannheim, Germany (hereinafter referred to as "Philatelic Center") and the customer. Customers may be businesses or consumers. A consumer shall mean any natural person who concludes a legal transaction for purposes that can be primarily attributed neither to a trade nor a profession (§ 13 of the German Civil Code). A business shall mean a natural or legal person or a partnership with legal capacity which, in concluding a legal transaction, is acting in the exercise of its trade or profession (§ 14 of the German Civil Code).
- The product display in the online store does not constitute a legally binding offer; instead it is merely a non-binding online catalogue of the range of products available. By clicking ‘Buy’, the customer makes a legally binding commitment to purchase the goods in the shopping basket. The customer shall receive an order confirmation immediately after the order has been submitted. The sales contract shall only enter into effect upon receipt of our separate order confirmation. The contract is stored, and the order data and General Terms and Conditions are sent to the customer by email. Customers can view all of their previous orders by logging into the customer service pages of the website.
- Philatelic Center reserves the right to refuse to perform the service promised if it becomes apparent after concluding the Contract that the goods are not available although a corresponding contractual transaction has been concluded. In such a case, the customer shall be notified immediately. Any considerations which have already been provided shall be reimbursed without delay. Further claims against Philatelic-Center are excluded.
- The contractual language is German.
- When placing an order in the online store, the customer follows the technical steps as described below in detail:
- Click on "Proceed to Checkout" in the shopping basket displayed on the screen
- Redirection to the general order overview page (briefmarkenkiste.com Checkout) where the customer is guided through the individual stages of the purchase
- Step 1 Selection of "Invoice and Delivery Address" (if the customer does not have a customer account and is not logged in; otherwise the invoice and delivery addresses are already stored);
- Entry of "Invoice Address";
- If the invoice address and delivery address differ, there is the option to"Enter a different delivery address" by checking the box
- Step 2 In the next stage, the customer is given an overview with the header "All Items of Your Order" and has the option to change the contents of the basket
- Step 3 Selection of "Method of Payment" (by clicking on the desired payment method)
- Step 4 The customer can choose from "More Options" by checking the relevant boxes (different delivery address, shipping date, use Philatelic Center voucher, add a comment/note to the order)
- Completion of order by clicking "Submit"
The customer proceeds to each of the order steps referred to above using the usual functions of the internet browser.
§ 2 Delivery
- If the customer is a business (as per § 14 German Civil Code), delivery shall generally take place at the customer’s risk. This also applies for partial deliveries. If the customer is a consumer within the meaning of § 13 German Civil Code, the risk of accidental loss and accidental deterioration of the sold goods shall only pass to the customer upon handover of the item, even in case of sales involving the carriage of goods. Handover shall be deemed to have taken place even if the buyer delays in accepting the goods. Delivery shall be to the delivery address specified by the customer.
- All prices are cash prices and include VAT plus any applicable charges for packaging and carriage.
- Domestic deliveries within Germany are priced at EUR 4.99 per order. For orders in excess of EUR 100.00, we will post goods within Germany free of shipping costs. The international shipping charges are available under shipping. Additional customs duties and charges for deliveries to countries outside the EU (third countries) shall be borne by the customer.
- The goods must be thoroughly inspected by the customer or an authorised individual upon receipt in order to detect any transportation damage if the customer is a merchant within the meaning of the German Commercial Code. Customers who are merchants within the meaning of the German Commerical Code must ensure that any transportation and packaging damage detected is confirmed in writing by the carrier upon delivery and reported. We also ask, without legal obligation, that customers who are consumers notify us of any clearly identifiable transportation damage.
§ 3 Statutory right of withdrawal
- Statutory right of withdrawal
If the customer is a consumer (as per § 13 of the German Commercial Code), he/she shall be entitled to withdraw from this Contract within fourteen (14) days without giving any reason for doing so. The deadline for withdrawal shall be fourteen (14) days from the date on which the customer or a third party appointed by the customer, who is not the carrier, takes possession of the final goods delivered.
In order to exercise the statutory right of withdrawal, the customer must notify us (Philatelic Center Briefmarkenkiste, Karolingerweg 22-24, 68239 Mannheim, Germany) of his/her decision to withdraw from this Contract in a clear declaration (e.g. by sending a letter by mail, fax or email). The customer may use the withdrawal form template attached for this purpose; however, this is not obligatory.
The withdrawal deadline shall be deemed to be met if the customer sends the communication concerning the exercise of the right of withdrawal before the expiry of the deadline.
- Consequences of withdrawal
- If the customer withdraws from this Contract, we must reimburse any payments we have received from the customer, including delivery costs (excluding any additional costs incurred if the customer has selected a different type of delivery to the cheapest standard delivery option offered by us) without delay, but no later than fourteen (14) days after the day on which we receive the notice of the customer’s withdrawal from this Contract. We will use the same payment method the customer used for the original transaction in order to provide the reimbursement, unless otherwise expressly agreed; under no circumstances will the customer be charged a fee for this refund. We may withhold the reimbursement until we have received the returned goods or until the customer has provided proof that he/she has returned the goods, whichever is earlier.
- The customer must return or hand over the goods to us without delay and no later than fourteen (14) days from the date on which he/she notifies us of withdrawal from this Contract. The deadline is deemed to be met if the customer sends the goods before the expiry of the fourteen-day deadline. We shall bear the costs of returning the goods.
- The customer shall only be liable for any diminished value of the goods if this loss in value is attributable to any use or handling of the goods which is not deemed necessary in order to verify the condition, features and functioning of the goods.
- Exclusions from the statutory right of withdrawal
- The statutory right of withdrawal shall not apply in the following cases:
- Delivery of goods which are not prefabricated and have been manufactured on the basis of a personal choice or according to customer specifications, or of goods which have clearly been tailored to the customer’s personal requirements.
- Delivery of sealed goods which are not suitable to be returned for reasons relating to health protection or hygiene if their seal has been removed after delivery.
- Delivery of audio or video recordings or computer software in sealed packaging if the seal has been removed after delivery.
- Delivery of newspapers, journals or magazines, catalogue, excluding subscription contracts.