Terms and Conditions of Phoenix Ring Manufaktur GmbH
This is a non-binding courtesy translation of the German General Terms and Conditions. In case of any discrepancies or inconsistencies, the German version shall exclusively prevail.
The following terms and conditions apply exclusively to all deliveries and services. Phoenix Ring Manufaktur GmbH aims to make its general terms and conditions as easy to understand as possible.
§ 1 Prices
All prices for private individuals are quoted as gross prices (including statutory German VAT) in Euros.
§ 2 Conclusion of contract
The purchase contract between Phoenix Ring Manufaktur GmbH and the buyer is concluded upon delivery of the Sialex®Ring.
§ 3 Voluntary return guarantee
In addition to the statutory rights, Phoenix Ring Manufaktur GmbH offers customers the following voluntary return guarantee: Every end customer within Germany can test the Sialex®Ring free of charge and without obligation. The trial period is usually four (4) weeks. For special applications and after consultation with Phoenix, the trial period may also be agreed otherwise. After the agreed trial period has expired, Phoenix will contact the customer directly or via the relevant representative. If the customer wishes to keep the Sialex®Ring, an invoice will be issued. However, the Sialex®System can also be returned to Phoenix in visually perfect condition. In this case, please contact either Phoenix directly or your immediate customer advisor. The Sialex®Ring can also be returned during the trial period without giving any reason. In such a case, please insure the return shipment accordingly, as the transport risk is to be borne by the customer.
The address for return shipping is:
Phoenix Ring Manufaktur GmbH
Haisterbacher Strasse 7
D-64711 Erbach (Odenwald)
§ 4 Five-year warranty
For a period of five (5) years (international variations may apply) from the installation or shipment of the Sialex®Ring, Phoenix guarantees that the ring is free from material and manufacturing defects. Within the European Union, the five-year warranty consists of the statutory warranty of 24 months and a subsequent voluntary manufacturer’s warranty of a further 36 months. Outside the European Union, the scope and duration of the statutory warranty and the voluntary manufacturer’s warranty may vary and are governed by the applicable legal provisions and Phoenix’s country-specific warranty conditions. The customer’s statutory warranty rights are not limited by this warranty.
Defective rings will be replaced by Phoenix directly or through its representatives. Once the customer has contacted Phoenix, Phoenix will carry out the replacement/repair. In addition, the warranty includes a one-time free recharge/repair of the Sialex®Ring. For this purpose, the system must be sent to the factory in Erbach (Odenwald) or to the relevant representative. The customer is fully responsible for the shipping costs, both to the factory and back to the customer/representative. Mechanical damage or surface corrosion on the Sialex®Ring may make recharging impossible. No further claims can be made under the warranty.
§ 5 Payment of purchase price
The purchase price is due immediately and without deduction by the customer after the test phase has expired. An invoice will be issued with the statutory VAT shown.
§ 6 Data protection
Phoenix uses the customer data collected solely for the purpose of fulfilling and processing the order. It will not be passed on to third parties, especially for advertising purposes. The personal data necessary for processing will be stored in the IT system and treated confidentially. The customer has the right to obtain information, correction, blocking and, if necessary, deletion of the stored data free of charge at any time. In such a case, please send an informal email to info@phoenixringmanufaktur.de.
§ 7 Liability for defects
In addition to the ‘five-year warranty’ – consisting of the statutory warranty and voluntary manufacturer’s warranty – the statutory provisions apply. Phoenix Ring Manufaktur GmbH is liable without limitation if the cause of the damage is based on intent or gross negligence.
Furthermore, Phoenix is liable for the slightly negligent breach of essential obligations, the breach of which jeopardises the achievement of the purpose of the contract, or for the breach of obligations, the fulfilment of which enables the proper execution of the contract in the first place and on the observance of which the customer regularly relies. In this case, however, Phoenix shall only be liable for the foreseeable damage typical for this type of contract. Phoenix shall not be liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
The above limitations of liability shall not apply in the event of injury to life, limb or health, for a defect after assumption of a guarantee for the quality of the product and in the event of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected. Insofar as Phoenix’s liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents. For merchants, liability for consequential damages is also excluded.
§ 8 Retention of title
Until full payment has been made for all goods from the same order, the goods remain the property of Phoenix Ring Manufaktur GmbH.
§ 9 Applicable law
All disputes and legal disputes arising in connection with the business relationship shall be governed exclusively by German law, excluding the UN Convention on Contracts for the International Sale of Goods.
Right of withdrawal:
The customer may withdraw from the contract within two weeks without giving reasons in writing (e.g. letter, fax, email) or – if the goods are delivered to the customer before the deadline expires – by returning the goods. The period begins upon receipt of this notification in writing. The timely dispatch of the revocation or the item is sufficient to comply with the revocation period. The revocation must be sent to:
Phoenix Ring Manufaktur GmbH
Haisterbacher Strasse 7
D-64711 Erbach (Odenwald)
info@sialexring.de
Consequences of revocation:
IIn the event of an effective revocation, the services received by both parties must be returned and any benefits derived (e.g. interest) must be surrendered. If the customer is unable to return the service received to Phoenix Ring Manufaktur in whole or in part, or only in a deteriorated condition, they must compensate Phoenix for the loss in value. This does not apply to the surrender of goods if the deterioration of the goods is exclusively attributable to their inspection – as would have been possible for the customer in a retail shop, for example. Furthermore, the customer can avoid the obligation to pay compensation for any deterioration caused by the intended use of the item by not using the item as their property and refraining from anything that could impair its value. Obligations to refund payments must be fulfilled within 30 days. The period begins for the customer with the dispatch of their declaration of revocation, and for Phoenix with its receipt.
As of: January 2024
For legal purposes, only the German version applies.
