GTC

These General Terms and Conditions (GTC) apply to our deliveries to consumers. A consumer is any natural person who concludes a legal transaction for a purpose that cannot be attributed to their commercial or self-employed activity.

The purchase contract is concluded with:

Phi-Stone AG
Dorfstraße 2
24247 Mielkendorf
Germany

Tel: +49 (0) 431 7054186
Mail: info@phi-stone.de

Register court: Local court Kiel,
Commercial register: HRB 18650 KI
VAT number: DE283582955

If an order is to be regarded as an offer in accordance with § 145 BGB, we can accept it within two weeks.
All our offers are subject to change with regard to price, quantity, technical details, delivery period and delivery options.
Any subsidiary agreements, assurances, consumption data, acknowledgements by company employees or representatives are non-binding without written confirmation. We reserve the right to prior sale.

We reserve the property rights and copyrights to all documents provided to the customer in connection with the order placement, such as calculations, drawings, etc.. These documents may not be made accessible to third parties unless we give the customer our express written consent. If we do not accept the customer’s offer within the period specified in § 2, these documents must be returned to us immediately.

5.1 Unless otherwise agreed in writing, our prices are ex works excluding packaging and plus VAT at the applicable rate. Packaging costs shall be invoiced separately.
5.2 Deliveries shall be made at the prices applicable on the day of handover of the goods plus the costs of transportation and the statutory requirements. Delivery surcharges, cartage and demurrage charges etc. shall be borne by the Buyer.
5.3 Payment of the purchase price must be made exclusively to the account specified in the invoice. The deduction of a cash discount is only permitted with a special written agreement.
5.4 Unless otherwise agreed, the purchase price shall be paid in advance. All payments shall be made free of costs and charges, without deductions to the accounts specified by us. We reserve the right to refuse checks and bills of exchange of any kind.
5.5 Interest on arrears shall be charged at a rate of 4% above the respective base interest rate per annum. We reserve the right to assert higher damages caused by default.
5.6 Unless a fixed price agreement has been made, we reserve the right to make reasonable price changes due to changes in labor, material and distribution costs for deliveries made 3 months or more after conclusion of the contract.
5.7 We are entitled to assign the claims arising from our business relationship.
5.8 (Purchasing) terms and conditions of our clients (customers/service recipients) shall only apply insofar as they do not contradict our terms and conditions of delivery, service and payment.
5.9 Claims arising from our business relationship shall be governed exclusively by German law.
6.0 Unless otherwise agreed, the place of performance is the registered office of Phi-Stone AG; the place of jurisdiction for all disputes – if the client (customer/service recipient) is a merchant or a person equivalent to him in accordance with 338 ZOP – is the registered office of Phi-Stone AG. However, Phi-Stone AG is also entitled to take legal action against the client (customer/beneficiary) at its general place of jurisdiction.

The customer shall only be entitled to set-off if his counterclaims have been legally established or are undisputed. The customer is only authorized to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.

7.1 The commencement of the delivery period stated by us is subject to the timely and proper fulfillment of the customer’s obligations. We reserve the right to plead non-performance of the contract.
7.2 If the customer is in default of acceptance or culpably violates other obligations to cooperate, we shall be entitled to demand compensation for the damage incurred by us in this respect, including any additional expenses. We reserve the right to assert further claims. If the above conditions are met, the risk of accidental loss or accidental deterioration of the purchased item shall pass to the customer at the point in time at which the customer is in default of acceptance or debtor’s delay.
7.3 We assume no liability in the event of a delay in delivery not caused by us intentionally or through gross negligence.
7.4 Further statutory claims and rights of the customer due to a delay in delivery remain unaffected.

If the goods are dispatched to the customer at the customer’s request, the risk of accidental loss or accidental deterioration of the goods shall pass to the customer upon dispatch to the customer, at the latest when the goods leave the factory/warehouse. This shall apply irrespective of whether the goods are dispatched from the place of performance or who bears the freight costs.

Consumers have a fourteen-day right of withdrawal. The right of withdrawal does not apply to the delivery of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal wishes of the consumer.
for the supply of goods which can spoil quickly or whose expiry date would be quickly exceeded, which are not suitable for return for reasons of health protection or hygiene, if their seal has been removed after delivery, if they have been inseparably mixed with other goods after delivery due to their nature, and also not for the delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery, for the delivery of alcoholic beverages, the price of which was agreed upon conclusion of the contract, but which can be delivered at the earliest 30 days after conclusion of the contract and whose current value depends on fluctuations in the market to which the entrepreneur is exposed.
has no influence.

The provider keeps these GTC and the other contractual provisions with the data of the customer’s order ready for retrieval in the order process. The customer can simply archive this information there by downloading the GTC and saving the data summarized in the order process in the Internet store using the functions of his browser.

The contract language is German, English if necessary.

The goods remain the property of the seller until payment has been made in full.

The statutory warranty rights apply.

Should any provision of these General Terms and Conditions be invalid, the remainder of the contract shall remain valid. The relevant statutory provisions shall apply in place of the invalid provision.