GENERAL TERMS AND CONDITIONS OF BUSINESS

I. Scope

1. For all purchases of goods from KPM Königliche Porzellan-Manufaktur Berlin GmbH (hereinafter: KPM Berlin) by consumers (§ 13 BGB) or entrepreneurs (§ 14 BGB), which come directly from our factory or in our sales outlets or via our online -Shop at www.kpm-berlin.com, the following General Terms and Conditions (KPM General Terms and Conditions) apply exclusively. A consumer is any natural person who concludes a legal transaction for a purpose that is neither part of their commercial nor self-employed professional activity.
2. If you as a consumer have purchased goods from us via our online shop, you have a statutory right of withdrawal.

  1. 3. If these KPM General Terms and Conditions contain regulations regarding an entrepreneur, these regulations do not apply to a consumer.

II. Conclusion of the contract

  2. 1. Your order for goods from KPM Berlin represents an offer to conclude a purchase contract. If you want to purchase goods from us, the purchase contract comes into effect when we hand over the written order confirmation to you, the delivery/handing over of the goods or the sending of the Invoice is issued, whichever comes first. In the order confirmation we expressly refer to the KPM General Terms and Conditions; The KPM General Terms and Conditions are printed on the back of the order confirmation, the delivery note and the invoice and can also be viewed online at www.kpm-berlin.com. The order confirmation lists the goods sold, their number, the individual prices, the total price and - if these apply - the shipping costs.
  3. 2. The product presentation in our online shop or in our other sales documents or the exhibition in our sales outlets do not constitute legally binding offers from KPM Berlin. The prices stated there are non-binding.
  4. 3. You can select goods in the online shop and collect them in an electronic shopping cart by clicking the “Add to cart” button. An offer to us that is binding for you will only be made once you have entered all the data required to execute the contract, confirmed that you have read the KPM General Terms and Conditions and clicked on the “order with payment” button. Until you click this button, you can change your order and the data provided for your order at any time. We accept your order by sending an order confirmation email. The purchase contract via the online shop is now concluded.

III. Right of withdrawal

1. If you have purchased via our online shop or via other means of distance communication, you have the following right of cancellation: You can cancel the contract within 14 days without giving reasons. The cancellation period is 14 days and begins from the day on which you or a third party named by you who is not the carrier has or has taken possession of the last goods. To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, a fax or an email). The revocation must be sent to: KPM Königliche Porzellan-Manufaktur Berlin GmbH, e.g. H. Management,wegelystraße 1, 10623 Berlin, fax +49 30 39009 111, email widerruf@kpm-berlin.com. You can use the model cancellation form provided on our website to revoke your consent, although this is not mandatory. Download sample cancellation form. To meet the cancellation deadline, it is sufficient to send your notification of your exercise of the right of cancellation before the cancellation period expires.

  1. 2. Consequences of cancellation: In the event of cancellation, we will pay you all payments that we have received from you, including the delivery costs (with the exception of the additional costs that arise from you choosing a different type of delivery than the one we offer, the cheapest have chosen standard delivery) immediately and at the latest within 14 days from the day on which we received notification of your cancellation of this contract. For the repayment, we use the same payment method that you used in the original transaction, unless something different was expressly agreed with you. Under no circumstances will we charge you any fees for the repayment. We may refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is the earlier. You must return or hand over the goods to KPM Königliche Porzellan-Manufaktur Berlin GmbH immediately and in any case no later than 14 days from the day on which you informed us of your cancellation of this contract. The deadline is met if you send the goods before the deadline of 14 days has expired. We bear the costs of returning the goods.

IV. Delivery

1. We deliver the goods directly from our factory, from our online shop and our sales points within Germany and the EU.

  1. 2. Within the EU, orders with shipping to the following areas are not possible: Livingo, Campione, Netherlands Antilles, Ceuta, Melilla, Andorra, Canary Islands, Gibraltar, Anguilla, Ascension, Cayman Islands, Falkland Islands, Saint Helena, Tristan -da Cahuna Islands, Chago Islands, Turks and Caicos Islands, Southern and Antarctic Territories, Monteserat, Pitcalm Islands, Channel Islands, Cyprus (Turkish part), Martinique, Réunion, Mayotte, New Caledonia, Akrotiri and Dhekelia, Bonaire, Saba, Sint Eustatius, Îles éparses, French Polynesia, British Virgin Islands, Bermuda, Saint-Barthélemy, Saint-Martin, Gibraltar, Mount Athos.
  2. 3. Delivery is carried out by a shipping service chosen by KPM Berlin. The delivery dates specified by KPM Berlin are non-binding and KPM Berlin is entitled to make partial deliveries unless expressly agreed otherwise.
  3. 4. Articles are only sold to consumers (§ 13 BGB) in normal household quantities. If you would like to order larger quantities or from another country, please contact us by email at sales@kpm-berlin.com.
  4. 5. When delivering to entrepreneurs, KPM Berlin is not obliged to take back the transport packaging if we have credited 0.075% of the respective net goods value to the invoice amount as compensation for the disposal costs.

V. Warranty

1. The buyer's statutory rights in the event of defects apply to the goods sold by us.

  1. 2. When delivering to entrepreneurs, the buyer's warranty claims for material defects are subject to a limitation period of 12 months from delivery of the goods; § 377 HGB is applicable.

VI. Non-deliverable goods

1. If a product is no longer available, KPM Berlin undertakes to inform you of the unavailability after receipt of the order.

  1. 2. If goods are only temporarily unavailable, KPM Berlin reserves the right to allow a delivery time of up to 60 days and will inform you accordingly upon receipt of the order.

VII. Prices and payment

1. The prices stated by us in our sales outlets, in the online shop or elsewhere are total prices including statutory sales tax. Shipping costs and possible customs fees are not included. The total invoice amount for your order includes shipping costs according to the form of delivery you have chosen. Any additional costs incurred, such as customs duties and fees, must be borne by you.

  1. 2. Every purchase of goods in the online shop - with the exception of purchases against invoice - must be paid for upon receipt of the order confirmation email. We accept payments by credit card (Mastercard®, Visa® and American Express®), PayPal, purchase on account, instant transfer and advance payment.
  2. 3. For any other purchase of goods, payment must be made upon delivery of the order confirmation. We accept cash payments, payment by credit card (Mastercard®, Visa® and American Express®), Girocard and advance payment. When purchasing on account, the amount must be paid within 10 calendar days of the invoice date, unless expressly agreed otherwise.
  3. 4. When purchasing on account, we reserve the right to require a deposit before the goods are shipped or handed over to you. Entrepreneurs are only entitled to a right of retention if this is based on the same contractual relationship and the counterclaims are recognized, undisputed or legally established.

VIII. Retention of title

1. The goods remain our property until full payment has been made.

  1. 2. When delivering to entrepreneurs, KPM Berlin reserves ownership until all claims arising from the business relationship have been settled in full, including the recognized balance, insofar as KPM Berlin records claims against the entrepreneur in question in current invoices (current accounts). The entrepreneur is entitled to sell the goods delivered under retention of title to third parties in the ordinary course of business under retention of title and with advance assignment of the claims from the resale to KPM Berlin. The entrepreneur must treat the goods delivered under retention of title with care and adequately insure them at their new value against fire, water and theft damage at their own expense. KPM Berlin hereby accepts the assignment. The assignment is limited to 110% of KPM Berlin's outstanding claims against the entrepreneur in question. The entrepreneur remains entitled to collect the assigned claims until revocation is permitted at any time.
  2. 3. Drawings and samples from KPM Berlin remain the property of KPM Berlin even after full payment and may not be used without the consent of KPM Berlin.

IX. Storage of data

1. When you order via our online shop, we do not save the order text. However, you can print out your order details immediately after submitting the order.

  1. 2. Otherwise, we store your data in accordance with the applicable statutory data protection regulations. By concluding a contract between KPM Berlin and you, you agree to the storage of your data in accordance with the applicable statutory data protection regulations.

X. Disclaimer

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

XI. Applicable law, place of jurisdiction

1. German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.

  1. 2. Berlin is agreed as the exclusive local place of jurisdiction for entrepreneurs. However, KPM Berlin is also entitled to sue the entrepreneur at his headquarters or branch.

Declaration of Conformity

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

July 2021