General Terms and Conditions (GTC)

§ 1 Scope

(1) These General Terms and Conditions apply to all orders placed by consumers and entrepreneurs through the PHILINI online shop.

(2) A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity.

(3) An entrepreneur is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity.

§ 2 Contracting Party and Conclusion of the Contract

(1) The purchase contract is concluded with PHILINI, proprietor Nataly Brunner. The complete provider and contact details are stated in the Legal Notice (Imprint) of the online shop.

(2) The presentation of products in the online shop does not constitute a legally binding offer but rather an invitation to place an order.

(3) The customer can select products and place them in the shopping cart. Before submitting the order, the order details can be reviewed and corrected if necessary.

(4) By clicking the appropriately labelled button to complete the order with an obligation to pay, the customer submits a binding offer to conclude a purchase contract.

(5) Receipt of the order will be confirmed electronically. The purchase contract is concluded in accordance with the process displayed during checkout and the selected payment method.

(6) The languages available for the conclusion of the contract are German and English.

§ 3 Prices and Payment

(1) All prices stated in the online shop are total prices in euros and include statutory VAT where applicable.

(2) No shipping charges are currently incurred for standard deliveries within Germany.

(3) The payment methods currently available are displayed to the customer during the ordering process. The payment methods available may depend in particular on the payment platform used and the respective payment service provider.

(4) Payment is processed in accordance with the payment method selected by the customer and the applicable terms and conditions of the respective payment service provider.

§ 4 Product Availability, In-Stock Products, Made to Order and Bespoke

(1) PHILINI offers both finished products that are already in stock and products that are manufactured only after an order has been received.

(2) In-Stock / Ready-to-Ship Products:
Products marked as in stock or immediately available have already been manufactured and can be dispatched after the order has been processed.

(3) Made-to-Order Products:
Many PHILINI products are manufactured in our atelier only after an order has been received. The production time for Made-to-Order products is generally approximately 6–14 weeks.

The production period begins upon receipt of the order or, where advance payment is required, upon receipt of payment.

Made to Order does not necessarily mean that a product is manufactured according to individual customer specifications. Where the customer merely orders a regular PHILINI model without its manufacture being substantially determined by an individual selection or specification made by the customer or the product being clearly tailored to the customer's personal needs, the statutory provisions concerning the right of withdrawal apply.

(4) Individually Made / Bespoke Products:
For products manufactured on the basis of an individual selection or specification made by the customer or clearly tailored to the customer's personal needs – for example through individually agreed dimensions, combinations of materials or colours, personalized features, or other significant customer-specific modifications – the design, price and estimated production and delivery time will be agreed individually.

For such individually manufactured products, the statutory right of withdrawal may be excluded in accordance with the applicable statutory provisions.

(5) Natural materials such as leather may exhibit natural variations in colour, grain, texture and surface. Such material-specific variations do not in themselves constitute a defect, provided that the agreed characteristics and statutory requirements are fulfilled.

§ 5 Delivery and Delivery Times

(1) Standard delivery through our online shop is currently available exclusively to delivery addresses within Germany.

(2) Standard shipping within Germany is free of charge.

(3) For in-stock or immediately available products, dispatch takes place after the order has been processed. The standard transit time is generally 2–4 business days from dispatch.

(4) For Made-to-Order products, the production time is generally approximately 6–14 weeks. Once production has been completed, the goods will be dispatched; the standard transit time must be added to the production period.

(5) For individually manufactured or Bespoke products, production and delivery times may vary depending on the scope of the individual order. The estimated production and/or delivery time will be agreed individually.

(6) If a different production or delivery time is stated for a particular product on the respective product page or as part of an individual agreement, that stated period shall apply to the respective order.

(7) In the exceptional event of a significant delay, we will inform the customer as early as possible. The customer's statutory rights remain unaffected.

§ 6 Retention of Title

The goods remain the property of PHILINI until the purchase price has been paid in full.

§ 7 Right of Withdrawal

(1) Consumers generally have a statutory right of withdrawal in the case of distance contracts.

(2) Details concerning the right of withdrawal, applicable deadlines, the exercise of the right of withdrawal and the consequences of withdrawal are set out in the separate Withdrawal Policy available in the online shop.

(3) The statutory right of withdrawal may in particular be excluded for goods that are not prefabricated and for the manufacture of which an individual selection or specification by the consumer is decisive, or which are clearly tailored to the consumer's personal needs.

(4) The mere manufacture of a regular product only after receipt of the order (“Made to Order”) does not automatically result in the exclusion of the right of withdrawal. The decisive factor is whether the statutory requirements for individual or customer-specific manufacture are met.

§ 8 Warranty and Rights in the Event of Defects

(1) The statutory rights regarding liability for defects apply.

(2) In the event of a defect, the customer is entitled to the statutory remedies, in particular the right to subsequent performance and – where the statutory requirements are met – a price reduction, withdrawal from the contract and/or damages.

(3) Handmade products and products made from natural materials may exhibit minor variations characteristic of the material or craftsmanship. This does not affect the statutory requirements regarding the agreed and objectively expected characteristics of the goods.

§ 9 Transport Damage

(1) If goods are delivered with obvious transport damage, we ask the customer, where possible, to report such damage directly to the delivery service and to inform us accordingly.

(2) Failure to make such a complaint or notification does not affect the consumer's statutory claims and, in particular, does not limit the consumer's statutory rights in the event of defects.

§ 10 Gift Vouchers

(1) Gift vouchers may be purchased and redeemed in accordance with the conditions stated in the online shop.

(2) Gift vouchers may generally be used for products offered in the PHILINI online shop unless otherwise stated for the respective voucher.

(3) Cash payment of the value of a gift voucher is excluded to the extent permitted by law.

(4) The customer's statutory rights remain unaffected.

§ 11 Liability

(1) PHILINI shall be liable without limitation for damages arising from injury to life, body or health resulting from an intentional or negligent breach of duty by PHILINI, its legal representatives or vicarious agents.

(2) PHILINI shall also be liable without limitation for damages resulting from intentional or grossly negligent conduct and in cases where unlimited liability is required by law.

(3) In the event of a slightly negligent breach of material contractual obligations, liability shall be limited to the foreseeable damage typical for the contract, to the extent permitted by law. Material contractual obligations are those whose fulfilment is essential for the proper performance of the contract and on whose compliance the customer may regularly rely.

(4) Mandatory statutory liability provisions remain unaffected.

§ 12 Consumer Dispute Resolution

Where there is no statutory obligation to participate and PHILINI has not voluntarily undertaken to participate, PHILINI is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

§ 13 Final Provisions

(1) The law of the Federal Republic of Germany shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). In the case of consumers, this choice of law applies only insofar as it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence.

(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the statutory provisions concerning jurisdiction shall apply; to the extent permitted by law, the registered place of business of PHILINI shall be the place of jurisdiction.

(3) Should individual provisions of these General Terms and Conditions be or become invalid, the remaining provisions and the statutory rights of the contracting parties shall remain unaffected.