Business terms and conditions

I. Scope of Application

1.  The following General Terms and Conditions (KPM GTCs) apply exclusively to all purchases of goods manufactured by KPM Königliche Porzellan-Manufaktur Berlin GmbH (hereinafter: KPM Berlin) by retail customers (section 13 BGB (German Civil Code)) or business customers (section 14 BGB) directly from our factory, in our sales outlets or via our online shop at www.kpm-berlin.com.
2.  A retail customer means every natural person who enters into a legal transaction for purposes that are predominantly outside that person’s trade, business or profession. A retail customer who purchases goods from us via our online shop has a statutory right of cancellation.
3.  Where these KPM GTCs contain provisions relating to business customers, these shall not apply to you if you are a retail customer.

II. Conclusion of Contract

1. Your order of goods from KPM Berlin constitutes an offer to conclude a purchase contract. If you wish to purchase goods from us, the purchase contract is concluded when we issue you with a written order confirmation, or when the goods are delivered or handed over, or when the invoice is dispatched, whichever occurs first. We make specific reference to the KPM GTCs in the order confirmation; the KPM GTCs are printed on the reverse of the order confirmation, the delivery note and the invoice and are also available online at www.kpm-berlin.com. The order confirmation contains details of the goods purchased, the quantity purchased, unit prices, the total price and, if applicable, shipping costs.
2.  The product descriptions in our online shop or in our other sales documentation and the display of goods in our sales outlets do not constitute legally binding offers by KPM Berlin. The prices quoted there are not binding.
3. You can select goods in the online shop and collect them in an electronic shopping basket by clicking on „Add to basket“. You place a binding order only when you have entered all the information required for implementing the contract, confirmed your acknowledgement of the KPM GTCs and clicked the „Order and Pay“ button. You may make changes to your order and to the information provided in relation to your order at any time before you click this button. We accept your offer by sending you an order confirmation by email. This constitutes the conclusion of the purchase contract via the online shop.

III. Cancellation Policy

If you have purchased goods in our online shop or by other remote means, you have the following right of cancellation:

1. Right of cancellation You may cancel the contract within 14 days without giving any reason. The cancellation period amounts to 14 days and starts from the day on which you, or a third party designated by you who is not the carrier, takes possession of the final item of goods. If you wish to exercise your right of cancellation, you must advise us of your decision to cancel the contract by sending us clear notification (e.g. a letter sent to us by post, a fax or an email). Notice of cancellation should be addressed to:

Managing Director
KPM Königliche Porzellan-Manufaktur Berlin GmbH
Wegelystraße 1, 10623 Berlin
Fax: +49 30 39009 111
Email: widerruf@kpm-berlin.com

You may use the standard cancellation form provided on our website to notify us of your cancellation, but this is not obligatory. download sample cancelation form

Sending us notification that you are exercising your right of cancellation before the expiry of the cancellation period is sufficient for compliance with the cancellation deadline.

2. Consequences of cancellationIf this contract is cancelled, we must return to you all payments that we have received from you, including the delivery costs (with the exception of additional costs arising because you chose another type of delivery than the cheaper, standard delivery offered by us), without undue delay and no later than 14 days from the date on which we receive notification that you are cancelling this contract. We will repay you using the same means of payment as you used in the original transaction unless we expressly agree otherwise with you. In no event will we charge you a fee for the repayment. We may refuse to make repayment until we have received the goods back or you have provided proof that you have sent the goods back to us, whichever is the earlier.

You must send the goods back or deliver the goods to KPM Königliche Porzellan-Manufaktur Berlin GmbH without delay and at any rate no later than 14 days from the date on which you advise us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the deadline of 14 days. We will bear the costs for the return of the goods.
3. Standard cancellation form If you wish to make use of your right of cancellation, please complete the following form and send it to us at:

KPM Königliche Porzellan-Manufaktur Berlin GmbH Wegelystraße 1, 10623 Berlin Fax: +49 30 39009 111 Email: kundenbetreuung@kpm-berlin.com

I/we* wish to cancel the contract concluded by me/us* for the purchase of the following goods: Ordered on (*)/received on (*) Name of purchaser(s) Address of purchaser(s) Signature of purchaser(s) (only for notifications on paper) Date

4. GOODS EXCLUDED FROM THE RIGHT OF CANCELLATION There is no right of cancellation if the goods purchased were made to your own individual specifications or are clearly custom-made to your personal requirements.

END OF CANCELLATION POLICY

VI. Non-Deliverable Goods

1. If an item of goods can no longer be delivered, KPM Berlin undertakes to inform you of its non-availability on receipt of the order.
2. If an item of goods is only temporarily unavailable, KPM Berlin reserves the right to supply the item within a delivery period of up to 60 days and to inform you accordingly on receipt of the order.

VII. Prices and Payment

1. The prices in our sales outlets, in the online shop or otherwise stated by us are total prices including statutory value added tax. Shipping costs and any customs charges that may be due are not included. The full invoice amount of your order includes the shipping costs in accordance with the delivery option selected by you. Any other costs due, such as customs charges and fees, are your responsibility.
2. Each purchase of goods in the online shop – with the exception of purchases on account – must be paid for immediately upon receipt of the order confirmation email. We accept payment by credit card (Mastercard®, Visa® and American Express®), PayPal, BillPay, payment on account, DIRECTebanking (Sofortüberweisung) and prepayment.
3.  Any other purchase of goods must be paid for when the order confirmation is issued. We accept payment in cash, by credit card (Mastercard®, Visa® and American Express®), Girocard and prepayment. In the case of payment on account, unless express agreement to the contrary is reached the amount is payable within 10 days of the invoice date. In the case of payment on account we reserve the right to request a down payment before we send or hand over the goods to you.
4. Business customers only have a right of retention if this is based on the same contractual relationship and the counterclaims have been recognised, are undisputed or have been established by the final decision of a court.

VIII. Rentention of Title

1. The goods remain our property until full payment has been received.
2. In the case of deliveries to business customers, KPM Berlin retains title until full settlement of all claims arising out of the business relationship, including the acknowledged account balance, in so far as KPM Berlin enters claims against the relevant business customer in a running account (current account). The business customer is entitled to sell the goods with retained title to third parties in the ordinary course of business subject to reservation of title and subject to assignment in advance of claims arising from the resale to KPM Berlin. KPM Berlin hereby accepts the assignment. The assignment is limited in each case to 110% of the relevant outstanding claims of KPM Berlin against the business customer concerned. The business customer is permitted, which permission may be revoked at any time, to collect the assigned claims.
3. Drawings and samples from KPM Berlin remain the property of KPM Berlin until full payment and they may not be used without the consent of KPM Berlin.

IX. Storage of Data

1. When an order is placed in our online shop, we do not store your order details. You can, however, print out your order information immediately after submitting your order.
2. In other respects we store your data in accordance with the applicable statutory data protection provisions. When a contract is concluded between KPM Berlin and you, you agree to the storage of your data in accordance with the applicable statutory data protection provisions.

X. Exclusion of Liability

KPM Berlin is liable for loss of or damage to samples that you have provided to us only in the event of intentional conduct or gross negligence.

XI. Applicable Law; Place of Jurisdiction

1. German law is applicable to the exclusion of the UN Convention on the International Sale of Goods.
2. Berlin is agreed as the exclusive local place of jurisdiction in relation to business customers. KPM Berlin is, however, also entitled to bring proceedings against a business customer at its principal place of business or its branch office.

DECLARATION OF CONFORMITY
We hereby certify that as of the date stated overleaf, our products listed overleaf meet the requirements of the Consumer Goods Ordinance (Bedarfsgegenständeverordnung), Directive 2005/31/EC and Regulation (EC) No 1935/2004 on materials and articles intended to come into contact with food.

April 2015