Terms and Conditions (T&Cs)
following General Terms & Conditions (T&Cs) solely
contractual relationship between the seller Kümmel und Co.
GmbH, Lochweg 19,
(represented by the
directors Fritz and Jörg Kümmel) and the buyer.
Contractual relationship here
means each conclusion of a contract via the seller's online shop on the
of which the seller is obligated to provide goods and services to the
placing their order the buyer expressly confirms that they have taken
and accepted these T&Cs.
may be both consumers as well as companies. A consumer is any natural
who, when entering into a legal transaction, acts primarily in a
exercise of its trade, business or profession (section 13 German Civil
(BGB)). A company is any natural or legal person or a partnership with
personality who or which, when concluding a legal transaction acts in
of its trade, business or profession (section 14 BGB).
& Conditions of the buyer which contradict with or deviate from
T&Cs are not recognised, unless, the seller has expressly
applicability on an individual basis.
Subject of the Contract
of the contract is the sale of goods by the seller to the buyer via the
https://www.phorms-shop.de, in particular the sale of school uniform.
Conclusion of the Contract, Contractual Language, Text of the Contract
buyer may purchase goods via the seller’s online shop by
first registering and
creating a customer account. Subsequently the buyer may provide their
details to order goods via the seller’s online shop by first
adding goods to
their virtual basket and finally going through and concluding the
order process in the seller’s online shop. Alternatively the
buyer may place an
order without registering.
the buyer has concluded the order the seller
will send an automated email confirming receipt of the order to the
email address in which the buyer’s order is repeated. The
receipt of the order does not represent the acceptance of the
buyer’s offer to
conclude a purchase agreement; a purchase agreement therefore does not
into existence as a result of the confirmation email. In addition the
confirming receipt of the order does not represent any confirmation as
availability of the ordered goods.
purchase agreement is first concluded when the
goods are delivered from the seller along with the invoice to the buyer.
German language is the language used to conclude the contract. The text of the contract is not saved by the
seller and may no longer be available after the conclusion of the
process. The buyer may, however, directly save or print the order
browser functions and after the order has been placed will receive an
which the their order is repeated.
Technical Steps Leading to the Conclusion of the Contract, Recognising
buyer will go through the following
technical steps to place an order:
The buyer can place products selected into the virtual basket. The
products selected may only be changed up to submitting the order by
cancelling the order process. Clicking on the “Next
step” button takes the buyer to the next step in the order
- Invoice address/delivery address:
The system automatically uses the address supplied by the buyer as the
invoice address. The buyer may click on the “Click here to
enter a different address” button to enter a different
delivery address. The invoice address is initially pre-selected as the
delivery address, Clicking on the “Continue” button
takes the buyer to the final step in the order process.
- Shipping method/payment method:
In this step the buyer can see the shipping and payment methods.
Clicking on the “Continue” button takes the buyer
to the final step in the order process.
- Summary/final step of the ordering process:
In the final step of the ordering process the buyer can check the
details of the order and make changes if necessary. In particular, the
buyer can check their invoice and delivery addresses again and, if
necessary, make changes. By clicking on the “Place a binding
order” button the buyer concludes the order process and
submits a legally binding offer. By agreeing to the T&Cs the
buyer expressly declares that they agree the applicability of these
buyer can use the normal mouse and keyboard functions and the
provided on the order summary page to amend their order details. The
likewise correct their order details by clicking on the
“Back” button of their
Internet browser or by clicking on the stages of the order superimposed
upper area of the online shop to navigate back through the individual
the order process.
Implementing the Contract, Shipping Costs, Delivery
prices are gross prices in Euros plus any applicable shipping and
applicable shipping costs which are borne by the buyer from the
location can be viewed by the buyer in the online shop using the link
product/product price as well as in the price breakdown in the virtual
seller undertakes to send the goods to the buyer by post without delay
the conclusion of the purchase agreement and payment of the purchase
is always at the risk and expense of the buyer, provided the buyer is
consumer. If requested by the buyer the seller is entitled, but not
to insure the goods at the buyer’s expense.
will take up to 5 working days from dispatch. Differing delivery times
for deliveries outside of Germany) are stated separately by the seller
online shop at https://muenchen.phorms-shop.de/en/Payment-Shipping-and-Charges/.
an item ordered is not in stock because the seller has not received a
from their supplier for which the seller is not at fault, despite a
obligation for the item to be delivered, the seller may withdraw from
contract. In this case the seller must inform the buyer without delay
item ordered is no longer available and reimburse any consideration
provided without delay.
Right of Withdrawal
have a right of withdrawal in accordance with the statutory provisions.
about the right of withdrawal can be found in the seller’s
shall be liable without restriction in the event of losses caused by
intentional acts or omissions or gross negligence, fraudulently
defects, in the event of provision of a warranty of quality, for claims
pursuant to the German Product Liability Act (Produkthaftungsgesetz)
injuries to life, body or health.
seller shall not be liable for other losses, provided these did not
the simple negligence of the seller, the seller’s statutory
vicarious agents. In the event of losses arising from the infringement
fundamental contractual obligations, the performance of which actually
the proper implementation of the contract and the observance of which
is entitled to expect (cardinal obligations) the seller’s
however, be limited to foreseeable losses typical for this type of
provided such losses were caused by simple negligence.
statutory provisions which impose liability without fault on the seller
certain acts or omissions are not affected by the aforementioned
exclusions and restrictions.
seller shall be liable for defective goods in accordance with the
provisions for the sale of goods (sections 434 ff BGB).
warranty period for the rights resulting from section 437 BGB is one
delivery of the goods ordered to the buyer, provided the buyer is not a
consumer or the goods are second-hand. The shortened warranty period
apply to claims of the buyers for which the seller is liable without
restriction pursuant to section 7. In all other cases the statutory
period applies from delivery of the goods ordered to the buyer.
seller has the right to choose whether to rectify a defect or provide a
replacement item free of defects pursuant to section 439 (1) BGB,
buyer is not a consumer.
delivery the buyer shall inspect the goods ordered without delay
is a mutual commercial transaction in terms of the German Commercial
(HGB). This shall, in particular, apply with regard to the completeness
functionality of the goods. The seller must be informed without delay
defects determined during the inspection or which are discernible
further action. A detailed description of the defects must accompany
notification. If the buyer does not report any defects the goods are
be accepted unless the defects were not discernible during the
event of defects which are not discernible as part of the normal
pursuant to the previous paragraph of this section, the seller must be
without delay after the defects are detected, provided this is a mutual
commercial transaction; otherwise the goods are deemed to be accepted
considering such defects.
Payment Terms, Default and Retention of Title
purchase price becomes payable directly after the conclusion of the
agreement. After a corresponding invoice has been raised payment may be
bank transfer. No other payment methods are offered.
buyer enters into default, provided they are not a consumer, if payment
been made within 30 days of becoming due. Consumers likewise enter into
within 30 days of payment becoming due if this consequence is stated in
invoice or request for payment. If the buyer defaults on payment, the
price is subject to interest at 5 percentage points above the base rate
period the buyer is in default. The seller reserves the right to prove
losses due to the default and claim these from the buyer.
Seller shall retain title to the goods delivered until payment has been
received in full.
commercial business transactions title to the sold goods first passes
seller to the buyer when all claims arising from the business
the seller have been settled by the buyer (extended retention of title).
seller’s retention of title lapses regarding goods acquired
business transactions as a result of the buyer selling, combining or
the purchased goods then the new item or claim which has arisen as a
one of the acts listed takes the place of the purchased goods
retention of title).
buyer is hereby notified that their personal data required to process
will be saved on data carriers by the seller and processed. Data is not
transferred to third parties for other purposes (e.g. advertising
buyer can find further information about their rights regarding data
law shall be exclusively applicable to these T&Cs and contracts
based on these T&Cs, excluding the UN Convention on the
Contracts for the
International Sale of Goods (CISG). If the buyer is a consumer, this
law shall only apply as long as protection is not granted by the
rules of the law of the country in which the consumer has its habitual
buyer is a registered trader, a legal person under public law, or a
special fund, it is hereby agreed that the competent courts of
Germany shall have jurisdiction over all disputes arising from and in
connection with this contract.
or more provisions of these T&Cs are invalid, in whole or in
shall not affect the validity of the remaining provisions.