Index Of Contents
3. Right Of Withdrawal
4. Prices and Terms Of Payment
5. Delivery and Shipping Terms
6. Agreement Duration and Termination Of Subscriptions
7. Retention Of Title
8. Liability For Defects (Warranty)
9. Special conditions for the processing of goods according to specific specifications of the customer 10. Redemption Of Action Vouchers
11. Applicable Law
12. Alternative Dispute Resolution
1.1 These General Terms and Conditions (hereinafter referred to as the “Terms & Conditions”) of POMM Production Services (hereinafter referred to as “Seller”) apply to all contracts relating to the supply of services/goods by a consumer or contractor (hereafter “Customer”) with the Seller in respect of completed by the seller in his online store. Hereby the inclusion of own conditions of the customer is contradicted, unless it is agreed otherwise.
1.2 Consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither their commercial nor their independent professional activity can be attributed. Entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership, which acts in the execution of a legal transaction in the exercise of their commercial or independent professional activity.
1.3 Subject of the contract may be – depending on the product description of the seller – both the purchase of goods by way of a one-time delivery and the purchase of services/goods by means of a permanent delivery (hereinafter referred to as “subscription contract”). In the case of the subscription contract, the seller agrees to deliver the contractually owed goods to the customer for the duration of the agreed contract period in the contractually due time intervals.
2.1 The product descriptions contained in the online shop of the seller do not constitute binding offers by the seller, but serve to make a binding offer by the customer.
2.2 The customer may submit the offer via the online order form integrated in the online shop of the seller. In this case, after the customer has placed the selected services/goods in the virtual shopping cart and has gone through the electronic ordering process, by clicking on the button concluding the ordering process, the customer submits a legally binding contract offer in relation to the goods contained in the shopping cart. Furthermore, the customer may submit the offer to the seller by telephone, e-mail or online contact form.
2.3 The seller can accept the offer of the customer within five days, – by sending to the customer a written order confirmation or an order confirmation in text form (fax or e-mail), where the receipt of the order confirmation at the customer is authoritative, or – by the customer delivers the ordered services/goods, in which case the access of the goods to the customer is decisive, or – by requesting the customer after submission of his order for payment. If more than one of the alternatives mentioned above, the contract comes into effect at the time when one of the aforementioned alternatives occurs first. The deadline for the acceptance of the offer begins on the day after the submission of the offer by the customer to run and ends with the expiry of the fifth day, which follows the dispatch of the offer. If the seller does not accept the customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.
2.5 When submitting an offer via the online order form of the seller, the contract text will be stored by the seller and sent to the customer after sending his order in addition to these terms and conditions in writing (eg e-mail, fax or letter). In addition, the text of the contract is archived on the seller’s website and can be called up by the customer via his password-protected customer account with the corresponding login data, provided the customer has created a customer account in the seller’s online shop before sending his order.
2.6 Before placing the order on the seller’s online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the aid of which the display on the screen is enlarged. As part of the electronic ordering process, the customer can correct his input via the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.
2.7 For the conclusion of the contract, only the English language is available.
2.8 The order processing and contacting take place usually by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for processing the order is correct, so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned with the order processing can be delivered.
3) Right Of Withdrawal
3.1 Consumers are in principle entitled to a right of withdrawal.
3.2 Further information on the right of revocation result from the cancellation policy of the seller.
3.3 The right of withdrawal does not apply to consumers who, at the time of the conclusion of the contract, do not belong to any Member State of the ASEAN (Association of Southeast Asian Nations) and whose sole domicile and delivery address are outside the Republic of the Philippines at the time of the conclusion of the contract.
4) Prices and Terms Of Payment
4.1 Unless otherwise stated in the seller’s product description, the prices quoted are total prices that include the statutory value added tax. If necessary, additional delivery and shipping costs are specified separately in the respective product description.
4.2 For deliveries to countries outside the ASEAN, additional costs may be incurred in individual cases, which the seller is not responsible for and which must be borne by the customer. These include, for example, costs of transferring money by credit institutions (for example, transfer fees, exchange rate charges) or import duties or taxes (for example, customs duties). Such costs may be incurred in relation to the transfer of funds even if the delivery is not made to a country outside the ASEAN, but the customer makes the payment from a country outside the ASEAN.
4.3 The payment option (s) will be communicated to the customer in the online shop of the seller.
5) Delivery and Shipping Terms
5.1 The delivery of services is made via cloud transfer (WeTransfer), by email or by mail to the delivery address specified by the customer, unless otherwise agreed for goods. When processing the transaction, the delivery address specified in the order processing of the seller is decisive. Notwithstanding this, when selecting the payment method PayPal, the delivery address specified by the customer at the time of payment by PayPal shall prevail.
5.2 If the transport company sends the goods back to the seller, because a delivery to the customer was not possible, the customer bears the cost of unsuccessful shipping. This does not apply if the customer exercises his right of withdrawal effectively, if he is not responsible for the circumstance that led to the impossibility of delivery, or if he was temporarily prevented from accepting the service offered, unless the seller to him the performance had announced a reasonable time in advance.
5.3 Pickup is not possible for logistical reasons.
6) Agreement Duration and Termination Of Subscriptions
6.1 Subscription contracts are concluded for an indefinite period and can be terminated by the customer at any time without observing a notice period.
6.2 The right to extraordinary termination for good cause remains unaffected. An important reason exists if, in consideration of all circumstances of the individual case and weighing the interests of both parties, the terminating part can not reasonably be expected to continue the contractual relationship until the agreed termination or expiry of a period of notice.
6.3 Terminations must be made in writing or in text form (eg by e-mail).
7) Retention Of Title
If the seller steps in advance, he reserves the ownership of the delivered services/goods until full payment of the purchase price owed.
8) Liability For Defects (Warranty)
8.1 If the purchased item is defective, the provisions of the statutory liability for defects shall apply.
8.2 Notwithstanding this, the limitation period for claims for defects in used goods is one year from delivery of the goods to the customer. However, the reduction of the limitation period to one year does not apply – to items which have been used for a building in accordance with their customary use and which have caused its defectiveness, – for claims for damages and reimbursement of expenses by the customer, and – in the event that the seller fails Deficiency has fraudulently concealed.
8.3 The customer is requested to claim delivered goods with obvious transport damage to the deliverer and to inform the seller thereof. If the customer does not comply, this has no effect on his statutory or contractual claims for defects.
9) Special conditions for the processing of goods according to specific specifications of the customer
9.1 If, in accordance with the content of the contract, the seller owes not only the delivery of goods but also the processing of the goods in accordance with the customer’s specifications, the customer has to provide the operator with all the necessary contents for the processing, such as texts, images or graphics in the file formats, formatting, image formats specified by the operator. and file sizes and to grant him the necessary rights of use. The customer is solely responsible for the procurement and the acquisition of rights to this content. The customer declares and accepts responsibility for having the right to use the content provided to the seller. In particular, he shall ensure that no third-party rights are infringed, in particular copyrights, trademark rights and personal rights.
9.2 The customer indemnifies the seller against claims of third parties which they may assert against the seller in connection with a breach of their rights as a result of the contractual use of the contents of the customer by the seller. The customer also assumes the reasonable costs of the necessary legal defense, including all court and legal fees in the statutory amount. This does not apply if the customer is not responsible for the infringement. In the event of a claim by a third party, the customer is obligated to immediately, truthfully and completely provide the seller with all information necessary for the examination of the claims and a defense.
9.3 The seller reserves the right to refuse processing orders if the content provided by the customer violates statutory or official prohibitions or morality. This applies in particular to the release of anti-constitutional, racist, xenophobic, discriminatory, offensive, youth-threatening and / or violence-glorifying content.
10) Redemption Of Action Vouchers
10.1 Vouchers that are issued by the seller free of charge as part of promotions with a specific period of validity and that can not be purchased by the customer (hereinafter “action vouchers”) can only be redeemed in the vendor’s online shop and only during the specified period.
10.2 Action vouchers can only be redeemed by consumers.
10.3 Individual products may be excluded from the voucher action, provided that a corresponding restriction results from the content of the action voucher.
10.4 Action vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.
10.5 When ordering, several action vouchers can be redeemed.
10.6 The value of the goods must be at least equal to the amount of the action voucher. Any remaining balance will not be refunded by the seller.
10.7 If the value of the action voucher is insufficient to cover the order, one of the remaining payment methods offered by the seller may be selected to settle the difference.
10.8 The balance of an action voucher is neither paid in cash nor interest.
10.9 The action voucher will not be refunded if the customer returns the goods fully or partially paid for with the action voucher within the scope of his statutory right of withdrawal.
10.10 The action voucher is only intended for use by the person named on it. A transfer of the action voucher to third parties is excluded. The seller is entitled, but not obliged, to check the substantive eligibility of the respective voucher holder.
11) Applicable Law
11.1 For all legal relationships between the parties, the law of the Republic of Philippines shall apply, excluding the laws governing the international purchase of movable goods. For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.