General Terms & Conditions
General Terms & Conditions
pHenomenal Drinks, Hendrik Schaulin, owner is a small independent company, based in Hamburg, Germany and governed by German Law. Our legally binding General Terms and Conditions of Business therefore are to be found in our AGB, Allgemeine Geschäftsbedingungen, in the German language.
The following translation is only intended for your information.
1. Formation of the Contract
By placing your order on phenomenaltonic.com you place a legally binding offer to enter into a contract with pHenomenal Drinks, Hendrik Schaulin, owner. By sending you an email with the sale confirmation or delivery of the merchandise ordered we can accept this offer. First we send you an email to the address you provided confirming the receipt of your order. The contract of sale only comes to be when we send you an email with the sale confirmation or the delivery of the merchandise ordered.
When ordering through or online shop the order process comprises four steps. In the first step you will chose your desired goods. In the second step you will enter your customer data, including your billing address and an alternative shipping address if applicable. In the third step you will chose your method of payment. In the last step you have the possibility to verify and, if necessary adjust, all information furnished (e.g.Name, address, method of payment, items ordered) before you send the order to us by clicking ‘buy now’.
2. Storage of contract data
We will store the data of your contract. You have the possibility of printing your order before sending it to us, by clicking ‘print’ in the last step of your order. We will send you an email to the address you provided confirming the receipt of your order and an email confirming the sale with all information pertaining to your order and our terms and conditions and information on our cancellation policy.
3. Reservation of proprietary rights
The delivered merchandise remains our property until it is paid in full.
4. Pricing, shipping, return shipping when canceling an order
All prices are final and include 19% German VAT. In addition to that shipping charges are as follows:
For delivery in Germany, sent by insured parcel (DHL Paket) Euro 5,05 (net), free of charge on orders of merchandise valued over Euro 25,- (gros)
For delivery within the European Union, Euro 8,90 (net).
For worldwide delivery Euro 15,- (net), on orders of merchandise valued over Euro 35,-, the worldwide shipping costs are Euro 35,- (net)
5. Conditions of delivery
Unless stated otherwise in the offer, goods will be sent out within two working days after receipt of payment.
6. Terms of payment
Your payment can either be made as pre-payment by transfer to our bank account or by using PAYPAL. We retain the right to exclude certain methods of payment.
If you chose pre-payment as a method of payment we will provide you with our bank details in the sale confirmation. The amount of your invoice is to be transferred to our bank account within 10 days. you may only withhold part of your payment if your claim results from the same contract.
7. Warranty
Warranty is defended by the legal provision of applicable German laws. Used goods are excempt from warranties, when the buyer is not an end-consumer. If the Buyer is an end-consumer used goods carry a warranty limited to one year.
8. Cancellation policy
Right to cancellation
You have the right to cancel this contract without having to state reasons, within fourteen days. The fourteen day period you have to cancel the contract starts on the day that you, or a third person designated by you, who is not the shipping carrier, have taken possession of the goods.
In order to exercise your right to cancellation, you have to inform us in writing (e.g. letter by mail, fax or email) of your decision to cancel the contract at this address
pHenomenal Drinks
Hendrik Schaulin, owner
VALVO Park, Haus K
Essener Strasse 4
D-22419 Hamburg
Telephone: +49 40 9876 88 9-6
Telefax: +49 40 9876 88 9-7
email: info@phenomenaldrinks.com
In order to keep within the cancellation period it is sufficient that your information that you wish to cancel the contract be sent before the end of the cancellation period of fourteen days.
Consequences of cancellation
When you cancel this contract we have to refund all payments received from you including the shipping costs (with the exception of those shipping costs that exceed the cost our most economical standard shipping option to your destination) immediately, at the latest within fourteen days after receiving your notice of cancellation.
You have to cover the cost of the return shipment, when the goods received are the ones you have ordered and the value of the item to be returned does not exceed Euro 40,-. You also have to cover the cost of the return shipment when the item received exceeds the value of Euro 40,- but you have not paid the contractual amount owed to us.
In all other cases the return shipping is free of cost for you. For this refund we will use the same method of payment originally chosen by you, unless another method was specifically agreed upon with you. No fee will be charged for this refund.
We may withhold the refund until our goods are restituted to us, or you provide proof of shipping, whichever comes first. You have to return the goods to:
pHenomenal Drinks
Hendrik Schaulin, owner
VALVO Park, Haus K
Essener Strasse 4
D-22419 Hamburg
Telephone: +49 40 9876 88 9-6
Telefax: +49 40 9876 88 9-7
email: info@phenomenaldrinks.com
immediately, at the latest within fourteen days after informing us of your cancellation. In order to keep within this fourteen day period it is sufficient that the goods be sent within the period of fourteen days.
You will only be liable for a loss in value of goods, if such deterioration is due to your using them more than is necessary to determine their nature, quality and way of functioning
Exceptions to the right to cancellation
The right to cancellation does not apply to contracts
- for the delivery of goods, that are not ready-made and for the producing of which an individual choice or instruction by the consumer is essential or goods that are distinctly made for an individual consumers personal needs,
- for the delivery of gods that can perish quickly or have a sell by date that could quickly expire,
- for the delivery of sealed goods, that cannot be returned for the protection of health or hygene, if said seal has been removed after delivery,
- for the delivery of goods that, due to their nature have been inseparably mixed with other goods,
- for the delivery of alcoholic beverages, the price of which was agreed at the formation of the contract, but which can be delivered 30 days after after the contract at the earliest, if their actual value depends on market fluctuation outside of the merchants control,
- for the delivery of sound-, or video-recordings or computer software in sealed packaging, if said seal has been removed after delivery,
- for the delivery of newspapers, magazines or illustrated magazines with the exemption of a subscription contract.
9. data privacy protection
In the course of a sale contract’s initiation, conclusion, processing and possible cancellation data will be collected, saved and used by a pHenomenal GbR under the applicable legal provisions.
When visiting the pages of our internet offering, the IP-address currently used by your computer, the date and time, the type of browser and operating system used as well as the visited pages will be protocoled. Conclusions on your personal data from this information is not possible and not intended by us.
The personal data that you provide i.e. when ordering or in an email, (e.g. your name and your address) will only be used for correspondence with you and only for the purpose you have provided this data for. We will only give your data to our shipping agent, to the extent this is necessary for the delivery of your order. We may give your payment details to the bank in charge of our payments.
We assure you that your personal data will not be shared with third parties, unless we are legally required to, or unless you have specifically agreed. In so far as we have to use third parties as service providers for data processes, the provisions of the Federal Republic of Germany’s data privacy protection laws will be upheld.
time of data storage
Personal data provided to us through our website will only be stored until completion of the purpose for which they were provided to us. As far as trade and tax law related storage of records periods are concerned, some of your data my be stored for up to ten years.
your rights
Should you not agree to the storage of your personal data anymore, or should these have changed, we will upon notification by you, within the provisions of the applicable German laws, delete, modify, or block your data. At your request we will provide information on your personal data stored by us, free of charge.For all questions, pertaining to the collection and use of your personal data and any requests for information on, correction, blocking or deletion of your data please contact:
pHenomenal Drinks
Hendrik Schaulin, owner
VALVO Park, Haus K
Essener Strasse 4
D-22419 Hamburg
Telephone: +49 40 9876 88 9-6
Telefax: +49 40 9876 88 9-7
email: info@phenomenaldrinks.com
links to other sites – a disclaimer
This site has links to other web sites as a convenience to our customers. These may include links to web sites operated by government agencies, nonprofit organizations and private businesses. When you use one of these links, you are no longer on this site and this Privacy Notice will not apply. When you link to another web site, you are subject to the privacy policy of that new site.
When you follow a link to one of these sites neither pHenomenal Tonic Peter Jens Hundert und Hendrik Schaulin GbR or its employees warrant the accuracy, reliability or timeliness of any information published by these external sites, nor endorses any content, viewpoints, products, or services linked from these systems, and can not be held liable for any losses caused by reliance on the accuracy, reliability or timeliness of their information. Portions of such information may be incorrect or not current. Any person or entity that relies on any information obtained from these systems does so at his or her own risk.
10. Applicable Law
Only German Laws are applicable. In dealing with private end-consumers this choice of German Law is only applicable as long as it doesn’t restrict any legal binding provisions of the State said end-consumer is a resident of.
That said we believe in “talk first, sue later” and we will go out of our way to make dealing with us as agreeable as it can be.