General Terms and Conditions (GTC)

Terms and Conditions of Service
General Terms and Conditions with Customer Information

Table of Contents

1. Scope

2. Conclusion of Contract

3. Right of Withdrawal

4. Prices and Payment Terms

5. Delivery and Shipping Conditions

6. Retention of Title

7. Liability for Defects (Warranty)

8. Liability

9. Applicable Law

10. Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of PHANTOM Izabela Karaś (hereinafter referred to as the “Seller”) apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter referred to as the “Customer”) and the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the Customer’s own terms and conditions is hereby excluded unless otherwise agreed.

1.2 For the purposes of these Terms, a consumer is any natural person who enters into a legal transaction for purposes that predominantly are outside their trade, business, or independent professional activity.

1.3 For the purposes of these GTC, 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 trade, business, or independent professional activity.

2) Conclusion of Contract

2.1 The product descriptions in the Seller’s online shop do not constitute binding offers by the Seller but serve to enable the Customer to submit a binding offer.

2.2 The Customer may submit an offer via the online order form integrated into the Seller’s online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding offer by clicking the button that completes the order process. Alternatively, the Customer may also submit an offer to the Seller by email.

2.3 The Seller may accept the Customer’s offer within five days

• by sending the Customer a written order confirmation or confirmation in text form (fax or email), whereby receipt of the order confirmation by the Customer is decisive; or

• by delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer is decisive; or

• by requesting payment from the Customer after the order has been placed.

If several of the above alternatives apply, the contract shall be concluded at the time one of the above alternatives first occurs. The period for acceptance begins on the day after the Customer sends the offer and ends at the expiry of the fifth day following the dispatch of the offer. If the Seller does not accept the Customer’s offer within this period, this shall be deemed a rejection of the offer with the consequence that the Customer is no longer bound by their declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment processing is carried out by PayPal (Europe) S.à r.l. et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter “PayPal”), subject to the PayPal User Agreement. If the Customer pays using a PayPal payment method available during the online ordering process, the Seller hereby declares acceptance of the Customer’s offer at the time the Customer clicks the button completing the order process.

2.5 If the offer is submitted via the Seller’s online order form, the contract text is stored by the Seller after conclusion of the contract and sent to the Customer in text form (e.g., by email, fax, or letter). The Seller does not make the contract text accessible beyond this. If the Customer has created a user account in the Seller’s online shop before placing the order, the order data is archived on the Seller’s website and can be accessed free of charge by the Customer via their password-protected user account.

2.6 Before submitting a binding order via the online order form, the Customer may identify input errors by carefully reading the information displayed on the screen. A helpful technical means for better detecting input errors may be the browser’s zoom function. The Customer may correct entries using the usual keyboard and mouse functions until clicking the button completing the order process.

2.7 The contract may be concluded in the German language.

2.8 Order processing and communication generally take place via email and automated order processing. The Customer must ensure that the email address provided for order processing is correct and that emails sent by the Seller can be received at this address, particularly when using spam filters.

3) Right of Withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the Seller’s cancellation policy.

3.3 The right of withdrawal does not apply to consumers who, at the time of conclusion of the contract, are not nationals of a Member State of the European Union and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.

4) Prices and Payment Terms

4.1 The prices stated in the Seller’s product descriptions are total prices and include statutory VAT. Any additional delivery and shipping costs will be stated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases which the Seller is not responsible for and which must be borne by the Customer (e.g., bank transfer fees, currency exchange fees, customs duties, or import taxes).

4.3 The available payment methods are presented to the Customer in the Seller’s online shop.

4.4 If payment in advance by bank transfer is agreed, payment is due immediately after conclusion of the contract unless otherwise agreed.

4.5 If a payment method offered via the payment service provider Klarna is selected, payment processing is carried out by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden. Further information and Klarna’s terms and conditions are available on the Seller’s website.

5) Delivery and Shipping Conditions

5.1 If the Seller offers shipping, delivery shall be made within the delivery area specified by the Seller to the delivery address provided by the Customer. In the case of PayPal payment, the delivery address registered with PayPal at the time of payment shall be decisive.

5.2 If delivery fails for reasons attributable to the Customer, the Customer shall bear the reasonable costs incurred by the Seller. This does not apply to initial shipping costs if the Customer effectively exercises their right of withdrawal.

5.3 If the Customer acts as an entrepreneur, the risk of accidental loss or deterioration passes to the Customer upon handover to the carrier. If the Customer acts as a consumer, the risk passes upon delivery to the Customer or an authorized recipient.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. In case of unavailability, the Customer will be informed immediately and payments refunded promptly.

5.5 Personal collection is not possible for logistical reasons.

6) Retention of Title

If the Seller makes advance performance, ownership of the delivered goods remains with the Seller until full payment of the purchase price.

7) Liability for Defects (Warranty)

Statutory provisions on liability for defects apply unless otherwise stated below.

7.1 If the Customer is an entrepreneur:

• The Seller has the right to choose the type of subsequent performance;

• For new goods, the limitation period for defect claims is one year from delivery;

• Warranty rights for used goods are excluded;

• The limitation period does not recommence if a replacement delivery is made.

7.2 These limitations do not apply to claims for damages, fraudulent concealment of defects, goods used in a building that caused its defectiveness, or obligations to provide updates for digital products.

7.3 Statutory rights of recourse for entrepreneurs remain unaffected.

7.4 Entrepreneurs within the meaning of § 1 of the German Commercial Code (HGB) are subject to inspection and notification obligations under § 377 HGB.

7.5 Consumers are requested to report obvious transport damage to the Seller. Failure to do so does not affect statutory or contractual warranty rights.

8) Liability

8.1 The Seller is fully liable:

• for intent or gross negligence;

• for injury to life, body, or health;

• under a guarantee promise;

• under mandatory statutory liability (e.g., Product Liability Act).

8.2 In cases of negligent breach of essential contractual obligations, liability is limited to foreseeable, typical damages.

8.3 Otherwise, liability is excluded.

8.4 These liability provisions also apply to legal representatives and agents of the Seller.

9) Applicable Law

9.1 All legal relations between the parties shall be governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.

9.2 The choice of law does not apply to the statutory right of withdrawal for consumers residing outside the European Union.

10) Alternative Dispute Resolution

The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.