for Business initiated via Means of Telecommunication (Status: March 2006).
Phila-Live is the online auction site of Christ-Stamps
Christ-Stamps, Walter Christ Heidestraße 24, 90451 Nürnberg),operates a sales platform for stamps and accessories at the URL http://www.phila-live.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 Christ-Stamps 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 Christ-Stamps.
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 Christ-Stamps and Customer for the purchase of goods.
Scope of application
These GT&C shall apply exclusively to Purchase Contracts between Christ-Stamps and Customer; deviating or opposing Customer terms & conditions shall not be accepted unless Christ-Stamps 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 A contract comes into existence only if Christ-Stamps 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 will be set by auction. On top of the final hammer price 18% buyers commission as well as 1.70 lot fee (per lot) will be added. Postage and packing will be also charged depending on shipment method. If the item will be shipped within the European Union 7% VAT will be charged on the total.
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 Christ-Stamps 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, Christ-Stamps 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 Christ-Stamps ’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 rights of revocation.
4.1 Revocation advisory
Special regulations for private buyers within the E.U.: You have the right to revoke the contract of purchase without giving reasons either in writing (e.g. letter, fax, e-mail) or by returning the goods within 14 days after recieving them and these instructions. The 14 day period does also not start before we have fulfilled our obligation of information in line with section 246 § 2 in correspondence with § 1section 1 and 2 EGBGB as well as our obilgations in line with § 312e section 1 sentence 1 BGB in correspondence with section 246 § 3 EGBGB. To comply with the cancellation period it is sufficient to send the revokation or to return the goods in time.
Revokation of the contract of purchase has to be sent to::
Owner-manager: Walter Christ
Fax: (0049) 911 669 3504
No right of revocation shall exist for deliveries of goods prepared in accordance with Customer’s instructions, goods which are clearly customized to Customer’s personal requirements or whose quality makes them unsuitable to be returned, deliveries of audio or video recordings or software, provided Customer has opened or damaged (breaking of the seal) the sealed package, or deliveries of newspapers, journals and magazines.
4.2 Consequences of revokation of the contract of purchase:
In the case of a lawful revokation, all obligations are to be returned and if necessary any profits made (e.g. interest) are to be surrendered. If you can not return the goods partly, completely or only in a deteriorated condition, you are obligated to compensate us accordingly. This does not apply if the deterioration is a result of testing the goods as it would have been possible in a regular store. Furthermore it is possible to avoid the obligation of compensation for deterioration of the goods by proper use, by not treating the product like your property and refrain from doing anything that would deteriorate the goods' value. Goods that can be sent as a package are to be returned at our risk. Shipping fees and costs have to be payed by you, if the delivered goods match the ones ordered and the price of the goods to be returned does not exceed EUR 40,- or if the price is higher, you have not yet fulfilled your obligation of payment fully or in part according to contract at the time of revokation. In any other circumstance we will compensate you for returning the goods. Goods that can not be sent as a package will be picked up at your premises. Obligations of payment must be fulfilled within 30 days. For you the 30 day period starts with sending the revokation or returning the goods, for us it starts with receipt of either.
Reservation of title
5.1 The goods delivered by Christ-Stamps shall remain the property of Christ-Stamps as reserved goods until all claims under the Purchase Contract between Customer and Christ-Stamps have been settled.
5.2 Prior to the passing of title Customer shall dispose of the goods only with Christ-Stamps ’s prior written consent. In the event of any third party intervention, in particular the attachment of the goods, Customer shall notify Christ-Stamps in writing without delay and inform the third party without delay of Christ-Stamps ’s reservation of title.
6.1 Christ-Stamps 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). Christ-Stamps shall be notified in writing of any obvious defects without delay but at the latest 7 days after the receipt of the goods. Christ-Stamps 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 Christ-Stamps ’s option be entitled to claim the free-of-charge rectification of the defect or delivery of goods free from defects (subsequent performance). Christ-Stamps 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 Christ-Stamps for the purpose of subsequent performance require Christ-Stamps ’s approval in writing. The risk of accidental loss or accidental deterioration of the returned goods shall pass to Christ-Stamps only upon delivery to Christ-Stamps ’s business domicile. If Christ-Stamps 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 Christ-Stamps .
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 Christ-Stamps shall be liable for damages only in the limits of sec. 7 below.
7.1 Christ-Stamps shall be liable for damage caused by intent and gross negligence and for any breach of an essential contractual duty (major obligation). Christ-Stamps ’s liability for breaches of a major obligation by slight negligence shall be limited to damage typical for the contract and foreseeable at the time the contract was concluded.
7.2 Christ-Stamps shall not be liable for breaches by slight negligence of accessory obligations which are not major obligations.
7.3 Christ-Stamps shall be liable for cases of original impossibility only if Christ-Stamps 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 Christ-Stamps ’s liability shall also apply to the personal liability of Christ-Stamps ’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 Christ-Stamps may use the personal data for the purpose of [____]. In the limits of its performances, Christ-Stamps 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.
9.1 Unless otherwise agreed, any assignment of rights and obligations under this contract by Customer to a third party requires Christ-Stamps ’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 Christ-Stamps 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 Christ-Stamps ’s domicile shall have exclusive jurisdiction for all disputes arising in connection with the implementation of the Purchase Contract, and Aschaffenburgshall 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, Christ-Stamps 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).
Accepted payment methods:
We are accepting the following payment methods without additional charge: Creditcards (VISA/MC), direct bank transfer to our German bank account in Euros. Other payment methods and payment in other currencies is possible, but an additional charge might occur.