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General Terms

01 Introduction

01.01 These Terms of Service (the “Terms”) govern your use of CRYSTALS UNITED Website of the PHI Handelsgesellschaft mbH for its agents, distributors and its other business associates (the “Website”). The Website includes all information on the Website, including but not limited to data files, written text, photographs, videos, other images, and marketing material. The Website consists of both general information for all professional business associates of CRYSTALS UNITED Website of the PHI Handelsgesellschaft mbH (such as agents, distributors, resellers and pr agencies) and also specific information available only for every professional business associate of CRYSTALS UNITED Website of the PHI Handelsgesellschaft mbH that has logged on using its unique user-id and password.
01.02 By accessing as well as ordering from Crystals United Webshop of the PHI Handelsgesellschaft mbH you agree to these terms and conditions. These terms and conditions apply to all agreements you reach with Crystals United Webshop of the PHI Handelsgesellschaft mbH. If you do not agree with them, you may not use and access this website.
01.03 The terms and conditions set out in the business agreement (such as, but not limited to a distribution agreement, an agency agreement, a pr-agreement or the like; the “Business Agreement”) between you and the PHI Handelsgesellschaft mbH, in force from time to time, shall supplement these Terms when applicable.


02 Changes to the Terms

02.01 The PHI Handelsgesellschaft mbH may make changes to the Terms in its sole discretion from time to time and without any prior notice. When such changes are made, the PHI Handelsgesellschaft mbH will make the new Terms available on the Website of CRYSTALS UNITED.
02.02 You understand and agree that if you use the Website after the date on which the Terms have changed, PHI Handelsgesellschaft mbH will without any prior notice to you treat your use as acceptance of the updated Terms.

 

 
03 Use of the Website by you

03.01 You agree to use the Website only for purposes that are permitted by
a) the Terms,
b) the Business Agreement between you and the PHI Handelsgesellschaft mbH in force from time to time, and
c) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
03.02 You agree not to access (or attempt to access) any parts of the Website by any means other than through the interface that is provided by CRYSTALS UNITED ot the PHI Handelsgesellschaft mbH.
03.03 You agree not to upload any information that will damage the Website or in any other way harm CRYSTALS UNITED Website of the PHI Handelsgesellschaft mbH or its interests.
03.04 You agree that you will not reproduce, duplicate, copy, sell, trade or resell any parts of the Website for any purpose without a written confirmation of the PHI Handelsgesellschaft mbH.
03.05 You agree not to make the Website or any part thereof available or accessible in any form to any third party.
03.06 You agree to treat the content on the Website as secret and confidential information and not to disclose such information to any third party other than as in accordance with the Business Agreement between you and CRYSTALS UNITED Website of the PHI Handelsgesellschaft mbH in force from time to time.
03.07 You agree that you are solely responsible for (and that the PHI Handelsgesellschaft mbH has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which the PHI Handelsgesellschaft mbH may suffer) of any such breach and that you will hold the PHI Handelsgesellschaft mbH harmless for any such loss or damages.


04 User-id and password

04.01 You agree and understand that you are responsible for maintaining the confidentiality of your user-id and password associated with your account on the Website. Accordingly, you agree that you will be solely responsible to the PHI Handelsgesellschaft mbH for all activities that occur under your account whether or not such activities are authorized or unauthorized.
04.02 If you become aware of any unauthorized use of your user-id or password, or have any reason to suspect unauthorized use, you agree to notify the PHI Handelsgesellschaft mbH immediately by e mail phi@piffl.com.


05 Purchase

05.01 In order to make purchases through Crystals United Webshop of the PHI Handelsgesellschaft mbH, you will be requested to register, which means providing us with your personal details and contact information. When ordering items, you will be requested to provide us with your payment details. It is your responsibility to provide valid and correct information and that you are the person referred to in the billing information provided.
05.02 Payment is accepted by Paypal and wire transfer.
05.03 All prices listed are quoted in Euro without value added tax.
05.04 Shipping costs are not included in the price, but calculated as an extra charge.
05.05 All goods are subject to availability. If we do not supply the goods we will refund any money already paid. We will not be liable for compensation or damages if we do not supply the goods.
05.06 If you have a valid Business Agreement with the PHI Handelsgesellschaft mbH you may be able to place orders on the Website. The Business Agreement between you and the PHI Handelsgesellschaft mbH, in force from time to time, will apply for all orders placed by you on the Website supplemented by the Terms.
The prices stated on the Website shall apply for any orders placed on the Website. However, you acknowledge that in the event of any incorrectness on the Website, the PHI Handelsgesellschaft mbH will need to correct the price for any ordered products, but will inform you of the correct price and you will have the opportunity to cancel any such order.
05.07 Notwithstanding Section 05.06, the PHI Handelsgesellschaft mbH is not responsible for delay in shipment or delivery, whether the delivery date has been accepted or not. Further, the PHI Handelsgesellschaft mbH shall at its sole discretion have the right to refuse delivery, even though the PHI Handelsgesellschaft mbH has sent any confirmation e-mail or any delivery note e-mail, but shall without delay inform you hereof.
05.08 In addition to the Business Agreement between you and the PHI Handelsgesellschaft mbH and these Terms, the information for shipping, handling, delivery etc. available on the Website when placing your order shall supplement any orders placed by you on the Website.


06 Packaging

06.01 Our prices include packaging, unless an alternative agreement is shown in our offer.


07 Delivery Terms

07.01 We deliver uninsured goods on behalf of the consignee, and at the latter's risk, ex works in Graz; alternative delivery terms are based on a separate agreement in written form.
07.02 Any subsequent requests by the customer for amendments or additions to an order will extend the delivery period accordingly. Where goods are specially manufactured, they may not be returned or exchanged
07.03 The delivery period is calculated from the date when the order is received or the date on which all commercial and technical questions have been definitively settled, up to the date of despatch from our works.
07.04 The PHI Handelsgesellschaft mbH reserve the right to change the design or form of the goods during the delivery period, provided that this does not result in changes to the goods or their appearance such as the customer cannot reasonably be expected to accept. Otherwise, all quantities, dimensions and similar characteristics are deemed to be accurate within the tolerances which are usual in trade.
07.05 If an item is out of stock we will inform you and give you the option to wait for delivery, choose a replacement product or cancel your order.
07.06 If the same order contains goods with different availabilities, we will in general only ship the order when all products are in stock, if you do not specifically communicate a pre-delivery wish.
07.07 The PHI Handelsgesellschaft mbH can only deliver to the registered address at the Website of CRYSTALS UNITED.
07.08 Should the agreed delivery be refused unjustified from the customer, all costs were billed plus a handling fee of € 20,-- excluding 20%VAT to the customer.

 

 08 Suitability of goods

08.01 The PHI Handelsgesellschaft mbH do not warrant the suitability of goods for a particular purpose, and you should check specifications and suitability with appropriate manufacturers before ordering.
08.02 As a result of continuing product development the specification or design of goods may vary.


09 Faulty Goods for Corporate clients

09.01 In most cases a call under +43 316 328740 will resolve any technical issues you may have with the goods, you may be offered a replacement or repair under the terms of your warranty.
09.02 Notification of damaged goods must be made to our company, in writing with photos, as soon as they are received and within three days. Late notifications cannot be taken into account. Our email address is phi@piffl.com, the fax number is +43 316 325 119, the address of our company is: PHI Handelsgellschaft mbH, Ruckerlberggasse 12, A-8010 Graz, Austria. We aim to respond to all email enquiries within 24 hours. A phone call only is not enough.
09.03 We can only accept the return of goods providing the goods are complete with all relevant packaging in an unused condition or in the condition in which they were received. The possible refund will be given as soon as possible or within 30 days.
09.04 Any goods returned to us without prior authorisation or which are not in the condition set out above will be rejected and returned to you at your cost.


10 Revocation for distance selling contract

10.01 If the purchasing party in a distance selling contract is a consumer, he may return the received merchandise within two weeks by shipping it back, without stating any reasons.
10.02 The return period shall start at the earliest when the merchandise and this instruction are received (where similar goods are delivered on a recurring basis, then not before receipt of the first part delivery) nor before we have fulfilled our obligations to provide information as defined in para. 5a clause 2 of the Consumer Protection Act. The cancellation period is observed by timely sending the cancellation notice or dispatching the goods The goods must be shipped/the demand letter must be sent to:
PHI Handelsgesellschaft mbH
Ruckerlberggasse 12
A-8010 Graz
Austria.
10.03 If the merchandise is returned effectively, both parties must return the received performances and must surrender any derived benefits (e.g. benefits from use). If the goods are in a deteriorated condition, the PHI Handelsgesellschaft mbH may demand a reimbursement of the lost value. This does not apply if the deterioration is only due to an examination of the merchandise – as it would have been possible in a store, for example. Another way for the customer to avoid the obligation to reimburse the PHI Handelsgesellschaft mbH for the lost value is to not use the merchandise like an owner of the merchandise and not to do anything that may diminish the value of the merchandise.
You must fulfil obligations to the allowance of payments within 30 days after sending your cancellation explanation. The period begins with the transmission of your statement or recovation of things for us with their reception. The right to cancel expires prematurely when the company begins the performance of service before expiry of the cancellation period with the express agreement of the service user or the service subscriber.

10.04 Expressly excluded from the right to withdraw the contract are Goods of purchase contracts, which are made according to specifications of the customer or clearly are tailored to the personal needs or which are not suitable for a return due to their condition
10.05 Consequences of revocation:
In the event of effective cancellation the mutually received benefits shall be returned and surrendered possibly towed uses. Can you give us the performance received whole or in part or in a deteriorated condition, you have to pay appropriate compensation. For a determination by the bidding because more can be no compensation.
It is understood and agreed, that the obligation mentioned in para5 clause 2 in the Consumer Protection Act that the customer has to carry the costs of the return if the delivered product of the ordered ones correspond.


End of the cancellation instruction


11 Content on the Website and proprietary rights

11.01 You acknowledge and agree that the PHI Handelsgesellschaft mbH, subject only to Section 11.06 below, owns all legal right, title and interest to the Website and all information (such as data files, written text, photographs, videos or other images) on the Website, including any intellectual property rights vested in such information.
11.02 No license to you under any trademark, patent, copyright or any other intellectual property right is granted or implied by your use or right to use the Website.
11.03 You agree to use the information on the Website only in accordance with the Business Agreement between you and the PHI Handelsgesellschaft mbH in force from time to time and theses Terms.
11.04 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained in information on the Website.
11.05 The PHI Handelsgesellschaft mbH may at any time in its sole discretion alter the Website and may at any time without any prior notice to you close the Website. the PHI Handelsgesellschaft mbH does not guarantee any availability of the Website.
11.06 You acknowledge that the PHI Handelsgesellschaft mbH has no responsibility for the information that you upload to the Website. You further acknowledge that you must only upload information that you are entitled to upload. The PHI Handelsgesellschaft mbH will not use any of your uploaded information unless the PHI Handelsgesellschaft mbH is so entitled under the Business Agreement between you and the PHI Handelsgesellschaft mbH in force from time to time or the PHI Handelsgesellschaft mbH has been given a written consent for such use from you. You further acknowledge that you will hold the PHI Handelsgesellschaft mbH harmless and compensate the PHI Handelsgesellschaft mbH for any damage that the PHI Handelsgesellschaft mbH may suffer due to your upload.


12 Privacy Notice of the PHI Handelsgesellschaft mbH

12.01 Crystals United takes the protection of your personal data very seriously and strictly adheres to data protection regulations. Personal data is only collected according to the technically required extend. In order that you feel assured when purchasing from Crystals United, we have done everything to protect your data from third party access because your data and your trust constitute our obligation to highest security standards. Crystals United only stores the transferred data for the purpose of your orders and the handling of them or for the newsletter distribution.
12.02 Personal data will only be stored, if you submit them unsolicited within the ordering process, the opening of a customer account or by subscribing to our newsletter. Under no circumstances, any collected data will be sold or handed over to a third party due to other reasons. We use your data for advertising purposes, and thus to provide information on products that we offer. To this end, we are using e-mail advertising only to the extent permitted by law and when you provide us with this information voluntarily by subscribing the newsletter.
12.03 The consent to use your email address for the forwarding of our newsletter can be revoked at any time by using the Unsubscribe" link at the end of any newsletter or by e-mail send to: phi@piffl.com
12.04 A transfer of data takes place only to the shipping company that we outsource the delivery of your order, as they are required to deliver the goods. For the processing of payments we must pass on the relevant data to the authorized banking institution.
12.05 Your trust is very important to us. Therefore, we always want to answer any questions regarding the processing of your personal data. You have the right to free information about your stored data at any time as well as the right to correct, lock or delete these data
12.06 If you have any other question, which could not be answered in this privacy police or if you would like to receive further information regarding a topic of this privacy police, please do not hesitate to contact the owner of this website at any time.
If you have questions concerning the collection, processing, and use of your personal data, or if you want to inquire about, correct, block, or delete data or revoke a consent, please contact: Mag. Markus Piffl, e-mail: phi@piffl.com 


13 Limitation of Liability

13.01 Nothing in these Terms shall exclude or limit the PHI Handelsgesellschaft mbH liability for losses that may not be lawfully excluded or limited by mandatory applicable law.
13.02 Subject to the overall provision in Section 13.01 above, the PHI Handelsgesellschaft mbH shall not be liable to you for any damages and losses whatsoever that you may incur as a result of your use of the Website. This limitation of liability of the PHI Handelsgesellschaft mbH shall also include any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, or any loss of data suffered by you or any other indirect, special or consequential damages whatsoever.
13.03 You agree to that the PHI Handelsgesellschaft mbH shall never be responsible for any damages or losses whatsoever because of your failure to keep your user-id or password secure and confidential.


14 Additional terms

14.01 You agree to that the PHI Handelsgesellschaft mbH may at any time without prior notice to you close your account on the Website. These Terms shall automatically terminate if the Business Agreement between you and the PHI Handelsgesellschaft mbH for any reason should terminate.
14.02 If any provision of these Terms shall be held invalid or unenforceable, such provision shall be deemed deleted from these Terms and replaced by a valid and enforceable provision which so far as possible achieves the intent of these Terms. The remaining provisions of these Terms shall continue in full force and effect.
14.03 These Terms shall be governed by, and construed in accordance with Austrian substantive law without its conflict of law rules.

These terms can be changed any time without prior notice.


These are our registred details:

PHI Handelsgesellschaft mbH
Ruckerlberggasse 12
8010 Graz
Austria
m +436643262360
t +43316324325
f +43316324325
e phi@piffl.com
Please visit our homepage www.piffl.com
UID: ATU 65148315
Company Reg. No. FN 332535Y
EORI: ATEOS1000010852
Founded 2009

 

PHI Handelsgesellschaft mbH, Graz 30.10.2011