Sales and delivery information
of PHS-electronic GmbH for consumers
1 General
According to § 13 BGB (German Civil Code), a consumer is any natural person who enters into a legal transaction for a purpose that cannot be attributed to his or her commercial or independent professional activity.
The offer of PHS-electronic GmbH is in any case only directed to adults, i.e. consumers who have reached the age of 18. Only consumers have a right of revocation..
2 Scope of application
The offer, the order and the contractual relationship are exclusively based on the General Terms and Conditions of PHS-electronic GmbH (hereinafter: PHS); the General Terms and Conditions of PHS-electronic GmbH shall apply exclusively. The terms and conditions of the contractual partner do not apply. These General Terms and Conditions shall also apply exclusively if PHS provides its services without reservation in the knowledge of conflicting General Terms and Conditions of the Customer.
These General Terms and Conditions shall also apply to future legal transactions between the Contracting Parties concerning the purchase of computers, computer components, software and accessories together with memory modules as well as legal transactions of a related nature without the need for a renewed reference to the General Terms and Conditions.
If the provision of services by PHS is carried out with the cooperation of third parties (e.g. Amazon or eBay), the terms and conditions of these third parties become part of the contractual relationship between the Customer and PHS.
PHS is entitled to notify the Customer in writing or electronically of changes to the content of these General Terms and Conditions with the consequence that the changes are deemed to be part of the contract if the Customer does not object to them within a period of six weeks after receipt. PHS undertakes to inform the Customer of the consequences of a failure to object when notifying the Customer of the changes.
PHS is entitled to transfer its rights and obligations arising from a contractual relationship to one or more third parties (transfer of contract). In this case of transfer of the contract, the Customer has the right to terminate the contractual relationship extraordinarily.
3 Conclusion of the contract
The offers made available for distance selling do not constitute a binding offer but a non-binding invitation to the Customer to order goods from PHS by online order. In the case of an online order, the Customer places a binding order for the items which he has previously placed in the shopping basket by clicking on the button "Order subject to payment". The order constitutes an offer to PHS to conclude a purchase contract.
If the Customer has placed an order using the domain speicher.de, he will receive a confirmation from PHS via e-mail confirming receipt of his order by PHS and listing its details (order confirmation). This order confirmation does not constitute an acceptance of the Customer's offer, but is only intended to inform him that his order has been received by PHS. A purchase contract is only concluded when PHS sends the Customer an order confirmation or ships ordered products to the Customer. No purchase contract is concluded for products from one and the same order which are not listed in the order / dispatch confirmation. The contractual partner of the customer is PHS-electronic GmbH, Karl-Götz-Str. 5, DE-97424 Schweinfurt, Germany
Since the conclusion of the contract and the further order processing with the customer takes place by e-mail (e.g. order confirmation), the customer is obligated to ensure that the e-mail address provided by him for order processing is activated so that e-mails sent for order processing are also received by him. In particular, when using spam filters, the customer must ensure that the order confirmation, as well as all other e-mails sent to him in connection with order processing, can be delivered to him. In the course of order processing, PHS may pass on the Customer's e-mail address to the shipping company for the purpose of delivery notification.
The conclusion of contracts with third parties via the Amazon trading platform takes place in the manner described by Amazon Services Europe S.à.r.l., 5 Rue Plaetis, L-2338 Luxembourg, in its GTC. The terms and conditions can be found here: https://www.amazon.com/gp/help/customer/display.html/ref=footer_cou?ie=UTF8&nodeId=201909000
Contracts are concluded via the eBay trading platform in the manner described by eBay GmbH, Albert-Einstein-Ring 2-6, 14532 Kleinmachnow, Germany in its General Terms and Conditions. You can find the provisions here: http://pages.ebay.com/help/policies/user-agreement.html
4 Contractual language
The contractual language is German.
5 Correction of input errors
Input errors or corrections to the order can still be corrected until the order process is completed. Changes to the order (articles and quantities) in the PHS shop are always made in the shopping basket. The articles entered can also be deleted here. The customer can add new items or change the order quantities. If the customer is already in the "checkout" area during the order process, he or she can cancel the order process by clicking on the "shopping basket symbol" and thus return to the shopping basket. Here he can then make changes.
Amazon: Input errors can be corrected before the final submission of an order by checking the respective declaration with the technical means provided by the respective platform operator within the respective input fields. After clicking the "Order" button, the customer can check his entries again on the subsequent confirmation page and check for errors. By clicking the "Back" button of his browser, the customer can return to the previous page and correct any input errors. Special ordering functions of the platform operators such as the 1-CLICK ORDER FUNCTION may deviate from this.
eBay: Input errors can be corrected before the final submission of an order by checking the respective declaration with the technical means provided by the respective platform operator within the respective input fields. After clicking the "Order" button, the customer can check his entries again on the subsequent confirmation page and check for errors. By clicking the "Back" button of his browser, the customer can return to the previous page and correct any input errors. Special order functions of the platform operators, such as the buy-it-now option, may deviate from this.
6 Storage of contract texts
When a contract is concluded, the text of the contract is stored as a website after the contract has been concluded. By entering the respective order number, the customer can call up the contract text and print or save it using the respective browser function. If the customer orders as a "guest", the storage of the contract texts does not take place.
Amazon: In the case of contracts concluded, the text of the contract is stored in the customer's account at Amazon under "My Orders" after the conclusion of the contract. By entering the respective order number, the customer can call up the contract text and print or save it using the respective browser function. PHS does not additionally store the contract text retrievable for the Customer.
eBay: For contracts concluded, the contract text is stored on eBay as a website for up to 90 days after conclusion of the contract. By entering the respective order number, the customer can call up the contract text and print or save it using the respective browser function. PHS does not additionally store the text of the contract for retrieval by the customer.
7 Subject matter of the contract, quality
The quality of the ordered goods results from the product descriptions in the respective offer. Illustrations on Internet pages may only represent the products inaccurately; colours in particular may deviate for technical reasons. The existing illustrations serve merely as illustrative material and may deviate from the product. Technical data, weight, dimensions and performance descriptions are given by PHS as precisely as possible, but may show the usual deviations. The characteristics described do not constitute defects and do not entitle the customer to give notice of defects.
8 Prices, delivery and shipping costs
The prices stated on the product pages include the statutory value added tax applicable in the Federal Republic of Germany. Other price components shall be shown separately on the invoice. The amount of the shipping costs within Germany is shown in the item description of the respective item offered. If international shipping is offered, higher shipping costs apply. These can be found in the shipping costs table.
Only in the case of cross-border delivery - if offered - additional taxes (e.g. in the case of an intra-Community purchase) and/or duties (e.g. customs duties) may be payable by the Buyer in individual cases, but not to the Seller, but to the customs or tax authorities responsible there. These costs are not additional shipping costs, so that they must be borne by the customer. The customer can obtain information from the responsible customs authorities in his country before placing an order abroad.
In accordance with the statutory provisions for the purchase of consumer goods, shipping is at the risk of PHS.
If delivery to the address given by the Customer is not possible, e.g. because the address given was incorrect, PHS may charge the Customer for the costs of the unsuccessful shipment. This does not apply in cases where the Customer is not responsible for the impossibility of delivery or was only temporarily prevented from accepting delivery.
9 Terms of payment
Orders are settled by PayPal collection, Amazon collection or payment in advance. Terms of payment deviating from this are noted in each case in the specific offer. The purchase price plus delivery and shipping costs must be paid no later than 8 days after receipt of the payment request.
10 Delivery and shipping conditions
If no other delivery period is stated in the item description, the goods will be dispatched within 1-2 working days after receipt of the full purchase price plus delivery and shipping costs. If the delivery times differ in individual cases, this is indicated in the respective item description.
If the goods are obviously incomplete on delivery, have obvious defects or transport damage, you can support the seller, who has the burden of proof for transport damage in the case of the purchase of consumer goods, by notifying the seller and the carrier of any complaints as soon as possible. However, the customer is not obliged to do so.
11 Retention of title in case of delivery before (full) payment
The goods remain the property of PHS until the purchase price has been paid in full.
12 Warranty and Guarantee
The statutory liability for defects applies.
The liability of PHS for other damages outside the statutory liability for defects is also governed by the statutory provisions.
PHS always carries out an outgoing goods inspection before delivery. The Customer is nevertheless recommended in his own interest to check the delivered goods upon receipt. If there is any damage or incorrect delivery, the Customer should contact PHS as soon as possible so that further action can be agreed with him.
If packaging and/or transport damage is already apparent upon delivery, PHS asks the Customer to have this confirmed in writing by the carrier upon handover and to notify PHS. PHS will then coordinate the further procedure with the Customer. PHS recommends the Customer to keep the damaged packaging for evidence purposes if possible.
If the Customer fails to comply with the aforementioned provisions, this shall have no effect on the defect liability rights to which the Customer is entitled.
If the customer is a consumer, warranty claims shall become time-barred two years after the statutory commencement of the limitation period, unless the object of purchase is a used item. In this case, warranty claims become time-barred after one year from the statutory start of the limitation period.
Some manufacturers offer a warranty. Where this is the case, these warranty provisions apply in addition to the statutory warranty. Statutory warranty rights are not affected by any guarantees.
13 Liability
PHS shall be liable without limitation for damages resulting from injury to life, body or health due to a negligent breach of duty by PHS or an intentional or negligent breach of duty by a legal representative or vicarious agent of PHS.
In the case of other liability claims PHS shall be liable without limitation only in the event of non-existence of the guaranteed quality as well as for intent and gross negligence also of its legal representatives and executives. PHS shall be liable for the fault of other vicarious agents only to the extent of liability for slight negligence.
PHS shall only be liable for slight negligence if an obligation is breached, compliance with which is of particular importance for achieving the purpose of the contract (cardinal obligation). In the event of a slightly negligent breach of a cardinal obligation, liability is limited to the typically foreseeable damage.
14 Right of revocation
Consumers generally have a right of revocation. The instructions on the right of revocation can be found on the extra page on the right of revocation.
Within the scope of his statutory right of revocation, the customer has in principle the right to partially revoke individual goods of his order. An exception applies to goods that are subject to a specially designated price or discount campaign. In the case of these goods, the contract can only be cancelled in its entirety. If, for example, PHS has supplied the Customer with free goods with the delivery of the goods, the free goods must also be returned when exercising the right of cancellation. If the Customer does not return the free goods, he will be charged for the goods concerned at the current price of the goods at the time of the order as if they were not free goods.
15 Value replacement after revocation
If the Customer makes use of his right of revocation and revokes the contract, it shall be deemed agreed, in deviation from Section 346 (2) No. 3 of the German Civil Code (BGB), that he shall pay PHS compensation for any loss in value of the goods if the loss in value is due to handling of the goods which was not necessary for the purpose of inspecting the quality, characteristics and functioning of the goods. The foregoing shall only apply if PHS has informed the Customer of his right of cancellation in accordance with Article 246a § 1 paragraph 2 sentence 1 number 1 of the Introductory Act to the German Civil Code.
16 Applicable law
The law of the Federal Republic of Germany shall apply to the contractual relationship between PHS and the Customer as well as to the respective terms and conditions. The UN Convention on Contracts for the International Sale of Goods (CISG) is excluded. This choice of law clause does not apply to consumers insofar as they have their usual place of residence in a state other than that of the delivery area of PHS and are subject to deviating mandatory consumer protection regulations there.
17 Place of Jurisdiction
The place of jurisdiction is the registered office of PHS, provided that the Customer is a fully qualified merchant, a legal entity under public law, a public special fund or has no place of jurisdiction in Germany.
If the Customer is a consumer under the law of the Federal State of Austria, his place of residence shall be the place of jurisdiction. The customer has the choice between the law of the Federal Republic of Germany or the law of the Federal State of Austria.
Insofar as the customer is a consumer of the Swiss Confederation, he has the choice with regard to the place of jurisdiction. Otherwise, the law of the Swiss Confederation shall apply.
For nationals of other states, their mandatory consumer protection regulations apply to the place of jurisdiction and the choice of law in the relationship between PHS and consumers, insofar as they do not take precedence over EU regulations or other supranational regulations.
Supplementary consumer information
As an online merchant, PHS is subject to a number of information obligations towards consumers. If PHS does not already fulfill these information obligations directly on the respective websites of the offers, the following information applies:
1 Technical steps for the conclusion of the contract
In the online store at www.phs-memory.com, the customer first selects one or more items and places them in the "shopping cart". The customer can view the contents of the shopping cart at any time without obligation by clicking on the button with the "Shopping Cart" in the upper right corner. If he agrees with the quantity and cost, he clicks on the button "Checkout". The customer then has the option of registering as a new customer or registering as an existing customer with login and password. If the customer wants to order as a guest, the customer ticks the checkbox "Do not create a customer account". In this case, no customer data will be stored in the online store. Customers who want to pay their order with Amazon payment, use the direct link Amazon, by clicking on the button "amazon pay". Customers who want to pay with direct link PayPal, please click on the button "Direct to PayPal".
In both cases, the customer will be connected directly to the payment provider's site, where he can select the stored address data and continue the order.
Existing customers (I am already a customer)
The customer already has a customer account. In this case, the customer will be redirected directly to the order page by logging in (entering login and password) as an existing customer (I am already a customer). There his last used billing, shipping address and payment method is already displayed.
By clicking on the button "Change address" the stored billing and/or delivery address can be changed. The preset payment method can also be changed by clicking on the "Change" button. Likewise, the selected item(s) that are in the shopping cart are displayed with price and delivery time. At the bottom of the page, the customer receives a list of costs and taxes.
By clicking on the button "Order with obligation to pay" the customer can send his binding order to PHS.
New customer (I am a new customer)
New customers register by entering their name and address. By clicking on the "Next" button, the customer is taken to the selection of payment and shipping methods.
Option: Guest order
If the customer does not want his data to be stored in the online store, he can order as a guest by selecting the checkbox "Do not create a customer account". The input of login and password is omitted. The customer data will not be stored. No customer account is created. The further sequence in the order process remains the same.
Select payment method
First, the customer selects the payment method for his order. Currently, we offer PayPal, PayPal direct debit, PayPal credit card and prepayment (bank transfer) as payment methods. If the customer wants to pay via Amazon Payment, he must cancel the registration process as a new customer and return to the checkout/shopping cart. Only here can the order process be executed with Amazon Payment.
Select shipping method
The default shipping method is DHL parcel. Optionally, shipping to a DHL parcel station or the shipping service provider UPS can be selected.
For customers who would like to receive their goods the very next day, we offer shipping with DHL-Express as well as with UPS-Express. After selecting the shipping options, the customer clicks the "Next" button.
Finalize order
To complete the order, the checkbox "General terms and conditions" must be confirmed.
Before completing his order, the customer will receive a compilation of the selected
- Billing address
- Delivery address
- Payment and shipping method
Likewise, the selected item(s) are displayed with price and delivery time.
At the end of the page, the customer receives a list of costs and taxes.
By clicking on the button "Order with obligation to pay" the customer can send his binding order to PHS.
2 Contract text storage/printout
Order data and contract text are stored electronically by PHS. The Customer can view past orders via the customer login area. If the Customer has ordered as a "guest", no customer account will be created. The order and contract data are then also not available online. Through the print function of his browser, the customer also has the option to print out order data and contract text at the time of contract conclusion. He can also save it by clicking on the right mouse button within his browser to open a context menu where he can save the currently displayed Internet page on his computer.
3 Possibility of correction
The customer has the possibility to correct input errors that occurred during the completion of the order before the final submission of his order by means of appropriate commands via the keyboard or by mouse click. All entries can also be checked by the customer before submitting the order by using the back button of his browser to switch to previously displayed screen pages and make changes there. After submitting the order, changes are no longer possible.
4 Code of Conduct
Although PHS has not subjected itself to any particular code of conduct, it makes every effort to be as customer-friendly as possible within the legal framework.
5 Right of withdrawal
Consumers generally have a right of withdrawal. The customer can find the instructions on the right of withdrawal on the extra page Cancellation Policy / Cancellation Form.