Cammerloher Strasse 90
Tel.:+49 89 726 30 121
Fax:+49 89 726 30 123
General Terms & Conditions of Business of Philagenta.com GmbH
for Business initiated via Means of Telecommunication (as of May 2009).
Philagenta.com GmbH (“Philagenta”), Camerloherstr. 90, 80689 München represented by the managing director Mr. Franz Fedra (AG München, HRB 121221), operates a sales platform for stamps and accessories at the URL http://www.philagenta.com.
The sales platform at the aforesaid URL is available in the German and in the English language. After a contract has been concluded, the wording of the contract is stored by Philagenta in that the order information is preserved.
For the purpose of these General Terms & Conditions of Business (“GT&C”) the terms defined hereinafter, including their plural forms, shall have the meaning set out below:
Customer: Any natural or legal person or business partnership that concludes a purchase contract with Philagenta.
Consumer: Any natural person who does not act for the purposes of his commercial or independent professional occupation when concluding the purchase contract.
Businessman: Any natural or legal person or business partnership acting for the purpose of exercising its commercial or independent professional occupation when concluding the purchase contract.
Purchase Contract: The contract between Philagenta and Customer for the purchase of goods.
Scope of application
These GT&C shall apply exclusively to Purchase Contracts between Philagenta and Customer; deviating or opposing Customer terms & conditions shall not be accepted unless Philagenta has approved them in writing in the particular case.
Ordering, making of a contract
2.1 The presentation of the range of goods on the platform shall not be deemed a legally binding offer but qualify as non-binding information.
2.2 Customer orders the requested goods (so-called “declaration of contract”) by sending the information to be entered completely into the internet order mask. Customer may review and, if required, correct his details before sending them out; promptly after sending out the information Customer will receive an e-mail confirming receipt of the order; this e-mail confirmation does not yet constitute Philagenta’s acceptance of the order.
2.3 A contract comes into existence only if Philagenta accepts the declaration of contract by transmitting a confirmation of acceptance to Customer and requesting Customer to pay the purchase price or transmit his credit card details.
Purchase price, due date, payment, default
3.1 Prices quoted on the platform are understood to be gross prices (incl. VAT, if applicable) plus packaging, transport (registered letter or postal package) and insurance, taxes, customs, duties (original costs).
3.2 The purchase price falls due immediately on the conclusion of the Purchase Contract. Payment of the purchase price is effected by a credit card accepted by Philagenta at the time of conclusion of the contract or by direct debit or by cash on delivery.
3.3 If Customer is in default with the payment, Philagenta shall have the right to claim the statutory default interest (5 % p.a. above the applicable base rate for Consumers, 8 % p.a. above the applicable base rate for Businesses in the event of remuneration claims). Nothing in this shall prejudice Philagenta’s right to assert an actually incurred higher loss.
Right of revocation, consequences of revocation
If Customer is a Consumer he is entitled to the following right of revocation.
4.1 Right of Revocation
The Customer has the right to revoke his declaration of contract within two weeks in writing (e.g. letter, fax, email) without having to state any reasons, or if the goods are handed over before the expiry of such period for revocation by returning the goods. The period for revocation starts on receipt of this advisory in written form, but not before the receipt of the goods by the designated recipient, nor before the fulfilment of our information duties under Sec. 312 c (2) BGB in conjunction with Sec. 1 (1) and (4) BGB-Info-Verordnung as well as of our duties under Sec. 312 e (1) sentence 1 BGB in conjunction with Sec. 3 BGB-Info-Verordnung. The timely dispatch of the notice of revocation or of the goods shall be sufficient to comply with the period for revocation. The notice of revocation shall be addressed to
Philagenta.com GmbH, Camerlohrstr. 90, 80689 München,
Telefax: (0049) 89 72630123
4.2 Consequences of revocation
In the event of an effective revocation all performances received by either party shall be returned, and any benefits derived (e.g. interest) shall be surrendered. If the goods have deteriorated, a compensation for the loss in value may be claimed unless the deterioration of the goods is due solely to their inspection – as it would have been possible for the customer for instance in a store. The Customer will not have to compensate any loss in value resulting from the specified normal use of the goods.
Goods suitable for parcel shipment shall be returned at our risk. The Customer will bear the costs of the return if the goods delivered conform to the goods ordered and if the price of the returned goods does not exceed EUR 40 or if, in the event of a higher price, the customer has not yet paid the consideration or any contractually agreed partial payment at the time of the revocation. In all other cases returns shall be free of charge for the Customer. Goods that are unsuitable for parcel shipment will be collected from the Customer. Obligations to refund any payments must be fulfilled within 30 days. For the Customer, this time limit starts upon dispatch of the notice of revocation or of the goods, and for Philagenta, upon their receipt.
Reservation of title
5.1 The goods delivered by Philagenta shall remain the property of Philagenta as reserved goods until all claims under the Purchase Contract between Customer and Philagenta have been settled.
5.2 Prior to the passing of title Customer shall dispose of the goods only with Philagenta’s prior written consent. In the event of any third party intervention, in particular the attachment of the goods, Customer shall notify Philagenta in writing without delay and inform the third party without delay of Philagenta’s reservation of title.
6.1 Philagenta represents and warrants that the goods are free from defects in quality within the meaning of the German Civil Code. In the event the goods are defective, Customer shall be entitled to the statutory warranty claims unless otherwise agreed below.
6.2 If Customer is a Businessman, the following provisions shall apply additionally in the case of new goods – in the case of used goods, warranty claims of a Businessman (with the exception of claims for damages according to sec. 7 below) shall be excluded:
6.2.1 Customer shall – provided he is a merchant (in the meaning of the German Commercial Code) – comply with his duties of notification of defects pursuant to Sec. 377 HGB (German Commercial Code). Philagenta shall be notified in writing of any obvious defects without delay but at the latest 7 days after the receipt of the goods. Philagenta shall be notified in writing of any hidden defects without delay but at the latest 7 days after the discovery of the defect. If no notification of defects is made, the delivery is deemed free from defects and approved.
6.2.2. If Customer notifies a defect in due time, he shall at Philagenta’s option be entitled to claim the free-of-charge rectification of the defect or delivery of goods free from defects (subsequent performance). Philagenta may refuse a specific kind of subsequent performance or subsequent performance as a whole if it would incur unreasonable costs.
6.2.3 If subsequent performance pursuant to sec. 6.2.2 fails or is refused, Customer may at his option withdraw from the contract or reduce the remuneration. Subsequent performance shall at the earliest be deemed failed after three unsuccessful attempts.
6.2.4 Any returns of defective goods to Philagenta for the purpose of subsequent performance require Philagenta’s approval in writing. The risk of accidental loss or accidental deterioration of the returned goods shall pass to Philagenta only upon delivery to Philagenta’s business domicile. If Philagenta delivers a replacement for the purpose of subsequent performance, Customer shall without delay return the originally delivered goods. Any replaced parts shall become the property of Philagenta.
6.2.5 Warranty claims become statute-barred 12 months after the delivery of the goods unless the defect has been fraudulently concealed or relates to a guarantee as to the quality of the object.
6.3 As for used goods, Customer’s warranty claims become statute-barred 12 months after the start of the statutory limitation period; in all other cases, the statutory provisions apply.
6.4 Philagenta shall be liable for damages only in the limits of sec. 7 below.
7.1 Philagenta accepts unlimited liability for damage caused by intent and gross negligence. In the event of a slightly negligent breach of an obligation whose breach puts the achievement of the contractual purpose at risk or whose fulfillment is essential to the due and proper implementation of the contract and on whose fulfillment the customer could reasonably rely on (“major obligation”), Philagenta’s liability shall be limited to foreseeable damage characteristic for the contract.
7.2 Philagenta shall not be liable for breaches by slight negligence of accessory obligations which are not major obligations.
7.3 Philagenta shall be liable for cases of original impossibility only if Philagenta was aware of the impediment or was unaware of it due to gross negligence, unless this concerns a major obligation.
7.4 The above exclusions of liability shall not apply in cases of fraudulent concealment of defects or if a warranty as to quality has been assumed, to the liability for claims under the Product Liability Act, and to cases of personal injury (life, body, health). This shall not entail a change of the burden of proof to Customer’s disadvantage.
7.5 Any exclusion or limitation of Philagenta’s liability shall also apply to the personal liability of Philagenta’s employees, staff, representatives and vicarious agents.
7.6. With the exception of claims based on tortuous acts, Customer’s claims for damages, provided Customer is a Businessman and the claims are subject to limited liability under this section, shall become statute-barred one year from the start of the statutory limitation period. As for Customers who are Consumers, the statutory limitation periods apply.
8.1 Philagenta may use the personal data pursuant to its data policy for the purpose of carrying out the Purchase Contract or any accessory obligation, of informing the Customer of new developments and promotions as far as the Customer has consented to this. In the limits of its performances, Philagenta shall have the right to transfer personal data to its providers of payment transaction, logistics and transportation services within the limits necessary to render the contracted services and to fulfill the contract.
Transferability, Set-Off, Right of Retention, Applicable Law, Place of Venue, Arbitration
9.1 Unless otherwise agreed, any assignment of rights and obligations under this contract by Customer to a third party requires Philagenta’s prior written consent, which shall be withheld only for justified reasons.
9.2 Any set-off by Customer shall be excluded unless the counter-claim has been defined by final enforceable judgment, is ready for decision or uncontested. Other than that, Customer, provided he is a Businessman, may exercise a right of retention in view of claims of Philagenta only if it is based on claims from the same contractual relationship which are uncontested, ready for decision, or defined by final enforceable judgment.
9.3 The Purchase Contract shall be governed exclusively by the substantive laws of the Federal Republic of Germany, with the exclusion of the UN Convention on the International Sale of Goods (CISG).
9.4 If Customer is a merchant, the court at Philagenta’s domicile shall have exclusive jurisdiction for all disputes arising in connection with the implementation of the Purchase Contract, and Munich shall be the place of performance. The same applies if Customer has no domicile in a Member State of the European Union. In either of these cases, Philagenta shall also have the right to sue Customer at any other permissible place of jurisdiction or to appeal to a court of arbitration domiciled in Munich as plaintiff. If the dispute is decided by a court of arbitration, the decision shall be final and in accordance with the rules of procedure of Deutsche Institution für Schiedsgerichtsbarkeit (DIS) (German Institution of Arbitration); the number of arbitrators shall be three, the place of arbitration shall be Munich and the language of the arbitration proceeding German.×
Shipping fees within Germany
|Without insurance, value of shipping up to 25 Euro. Letter up to 50 gr.||Without insurance, value of shipping up to 25 Euro. Letter up to 500 gr.||Value of shipping above 25Euro. Flat rate.|
Shipping fees to abroad
Without insurance value of shipping up to 25 Euro.
Letter up to 50 gr.
|Letter up to 50 gr.||Letter up to 500gr.||Letter up to 1Kg||Letter up to 2Kg||Parcel up to 5 Kg||Parcel up to 10 Kg|
|World wide (Zone 3)||
|World wide (Zone 4)||
Die Zonen entsprechen denen von DHL:
ZONE 1: Belgien, Monaco, Bulgarien, Niederlande (außer außereuropäische Gebiete), Dänemark (außer Färöer, Grönland), Österreich, Estland, Polen, Finnland (außer Älandinseln), Portugal, Frankreich (außer überseeische Gebiete und Departements), Rumänien, Griechenland (außer Berg Athos), Schweden, Großbritannien (außer Kanalinseln), Slowakei, Irland, Slowenien, Italien (außer Livigno und Campione d'Italia), Spanien (außer Kanarische Inseln, Ceuta und Melilla), Lettland, Tschechische Republik Litauen, Ungarn, Luxemburg, Zypern (außer Nordteil), Malta
ZONE 2: Älandinseln (Finnland), Kosovo, Andorra, Kroatien, Albanien, Liechtenstein, Armenien, Livigno (Italien), Aserbaidschan, Mazedonien, Belarus, Melilla (Spanien), Berg Athos (Griechenland), Moldau, Bosnien-Herzegovina, Montenegro, Campione d'Italia (Italien), Norwegen, Ceuta (Spanien), Russische Förderation, Färöer-Inseln (Dänemark), San Marino, Georgien, Schweiz, Gibraltar (Großbritannien), Serbien, Grönland (Dänemark), Türkei, Island, Ukraine, Kanalinseln (Großbritannien), Vatikanstadt, Kanarische Inseln (Spanien), Zypern (Nordteil), Kasachstan .
ZONE 3:Ägypten, Algerien, Libyen, Marokko, Israel, St. Pierre und Miquelon (Frankreich), Jordanien, Syrien, Kanada Tunesien, Libanon, Vereinigte Staaten von Amerika
ZONE 4: Alle Länder und Gebiete, die nicht den Zonen 1, 2 oder 3 zugeordnet sind.×