General Terms & Conditions
General Terms & Conditions and Consumer Information
1 Area of Application
1.1 These Terms & Conditions of the firm of Doreen Philipp (hereinafter the "Seller) apply to all contracts into which the Customer enters with the Seller through the Seller's Online Shop. The incorporation of the Customer's own terms and conditions is hereby excluded, unless something to the contrary is agreed.
1.2 Customers within the meaning of § 1.1 are consumers as well as businessmen, whereby a consumer is any individual who enters into a legal transaction for a purpose which can be ascribed neither to his commercial nor his independent activity. On the other hand, a businessman is any individual or legal entity or partnership, which enters into a legal transaction in the course of independent, professional or commercial activity.
2 Concluding the Contract
2.1 The product descriptions in the Seller's Online-Shop serve as the basis for a legally binding offer by the Customer.
2.2 The Customer can order by way of Fax, E.mail, or by using the Seller's Online Shop's integrated order form. In case of an order using the Online order form, the Customer, after providing his personal details, and by clicking the "Send order" button as the final step in the ordering process, makes a legally binding offer in respect of the goods included in the shopping basket. All details can be continually corrected using the normal mouse or keyboard functions, prior to the binding placing of the order. In addition, all details will be shown once more in a confirmation window, and may also be corrected there using the normal mouse or keyboard functions.
2.3 The Seller will confirm the receipt of the Customer's offer electronically (Fax or E.mail, without delay. The Seller may accept the Customer's offer in writing (letter), or by electronically transmitted (Fax or E.mail) confirmation of the order, or by delivery of the goods within five days. The Seller has the right to reject the order.
2.4 The details of the order will be stored by the Seller, and may be called up by the Customer after dispatch of his order, over a password-protected customer account, provided that the Customer applied for a customer account at the Seller's Online Shop prior to dispatching his order. The order details will be sent to the Customer in writing, following the dispatch of his order. The same applies to the contract provisions, including these General Terms & Conditions and Consumer Information.
2.5 The processing of the order and the establishment of contact take place per E.mail and automated order processing. The Customer must ensure that the E.mail address provided by him for order processing purposes is accurate, so that E.mails sent by the Seller to that address can be received. In particular, where SPAM filters are in use, the Customer must ensure that all mails sent by the Seller, or by third parties authorised by him to process the order, can be delivered.
3 Costs of Returning Goods when exercising Cancellation Rights
If the Customer has a right of cancellation per § 312d.1.1 of the German Civil Code ("BGB"), when exercising the right, he will bear the normal costs of returning the goods, if the price of the goods to be returned does not exceed 40 Euros, or, if the price is higher, if the Customer has not provided the consideration or a partial payment at the point in time of the cancellation, unless the goods delivered do not comply with the order. In all other cases, the Seller bears the costs of the return of the goods.
4 Prices and Payment Conditions
4.1 The Seller's stated prices are final. VAT will be shown separately, insofar as it does not relate to goods which are subject to the differential taxation under §25a of the Turnover Tax Act ("UStG"). If applicable, additionally occurring delivery and transport costs will be separately shown in the product description in the offer. Further costs will accrue in individual cases of cross-border deliveries, such as, for example, additional taxes and or charges, maybe in the form of customs duties.
4.2 For deliveries within Germany, insofar as nothing else is provided for in the particular product description in the offer, the Seller offers the following payment possibilities:-
- Advance payment by
- Bank transfer
- Paypal - Cash-on-delivery
- Cash payment on collection
4.3 If, for the particular product, overseas delivery is also on offer, the Customer has the following payment possibilities, insofar as nothing else is provided for in the particular product description in the offer:-
- Advance payment by
- Bank transfer
- Paypal - Cash payment on collection
- Self-collection
4.4 If a payment in advance has been agreed, then the payment is due immediately following conclusion of the contract.
4.5 In the case of pick-up by the Customer, the Seller will inform the Customer, initially per Email, that the goods ordered by him are ready to be picked up. Following receipt of this E.mail, the buyer may pick up the goods, after consultation with the Seller. In this case, no delivery costs will be charged.
5 Deliver and Shipping Terms
5.1 The delivery of goods is on a regular basis, using the normal shipping methods and to the delivery address supplied by the Customer. The delivery address supplied to the Seller in his processing of the transaction is binding. Where PayPal has been chosen as the method of payment, the delivery address lodged by the Customer with PayPal applies.
5.2 If a delivery to the Customer is not possible, the shipping company charged with the delivery will send the goods back to the Seller, whereby the Customer has to bear the costs of the unsuccessful delivery. This does not apply if the Customer is not answerable for the unsuccessful delivery.
6 Liability for Defects
The statutory liability for defects applies.
7 Applicable Law
7.1 The law of the Federal Republic of Germany applies to all the parties' legal relationships, excluding the laws relating to the international sale of movable goods. As regards consumers, this choice of law only applies insofar as the protection afforded by binding provisions of the law of the country in which the Consumer is habitually resident is not withdrawn.
7.2 If the Customer is a businessman, a legal entity under public law, or a federal special fund, then the exclusive jurisdiction for all disputes arising from this contract is the registered/head office of the Seller. The same applies if the Customer has no general jurisdiction in Germany or the EU, or his legal or habitual place of residence is unknown at the point in time of the commencement of proceedings. The power to also call in the court in another jurisdiction remains unaffected by this.
7.3 The contractual language is German.
For legal reasons, we are forced to hinder the accidental access of uninvolved third parties to copies of our offer. For this reason, the copy of our catalogue is only made available to our registered Customers. A personal password is required for this purpose, which we will send to you following your registration.
Supplementary General Terms & Conditions.
For the protection of the public, and with unconditional consideration, above all also for overseas Customers, the firm of Doreen Philipp is obligated to devote the utmost care and concern in dealing with historical objects from the 3rd Reich period, insofar as these items will only be made available for viewing to persons who are personally known to the firm of Doreen Philipp. Persons who are not personally known to the firm of Doreen Philipp, must state the nature and purpose of their field of interest with the order - per E.mail or in writing – for example, the building, in accordance with scientific principles, of a collection dealing with the historical background; such as, for example, the Second World war, or a particular branch of the military, etc., whereby they, with the details of the field of interest, at the same time confirm their knowledge of §§ 86, 86a of the German Criminal Code ("StGB") and thereby also their strict, unconditional compliance. With the acceptance of an offer from the firm of Doreen Philipp, the acceptor of the offer additionally assures his aforementioned strict compliance with §§ 86, 86a StGB; that the items pictured in the catalogue, and also in the Internet, from the period of the 3rd Reich, are being acquired exclusively for the purposes of civic education, defence against unconstitutional acts, art, science, research, or teaching, the reporting on the historical background, or the history, or for similar purposes within the meaning of §§ 86, 86a StGB, which also applies to the duplicating or the making of copies. Duplicates and copies may only be made for private purposes, and may not be passed on to third parties; i.e. may under no circumstances be used to by-pass the aforementioned provisions of the StGB.
The pictures represent, as regards their composition and the description, as well as in the combination described, a protected product. Insofar, the firm of Doreen Philipp offers the items exclusively under the aforementioned conditions; whereby the acceptor of the offer by the firm of Doreen Philipp, expressly accepts the general part of the Terms & Conditions, as well as the aforementioned, particular part of the Terms & Conditions, and - insofar as legally permissible - waives the right of appeal.
