GENERAL TERMS AND CONDITIONS

I. Scope

1 All purchases of goods from KPM Royal Porcelain Manufactory Berlin GmbH (hereinafter: KPM Berlin) by consumers (§ 13 BGB) or entrepreneurs (§ 14 BGB), which are made directly from our manufactory or in our sales outlets or via our online store at www.kpm-berlin.com, are subject exclusively to the following General Terms and Conditions (KPM GTC). A consumer is any natural person who enters into a legal transaction for a purpose that is not related to their commercial or independent professional activity.
2. If you have purchased goods from us as a consumer via our online store, you have a statutory right of withdrawal.

  1. 3. Insofar as these KPM General Terms and Conditions contain regulations vis-à-vis an entrepreneur, these regulations do not apply vis-à-vis a consumer.

 

II. Formation of the contract

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  2. 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 the written order confirmation to you, deliver / hand over the goods or send you the invoice, whichever comes first. In the order confirmation we expressly refer to the KPM T&Cs; the KPM T&Cs are printed on the reverse of the order confirmation, the delivery bill and the invoice and can also be viewed online at www.kpm-berlin.com. The order confirmation lists the goods sold, their quantity, the individual prices, the total price and - if applicable - 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 by 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. A binding offer to us is only made when you have entered all the data required for the execution of the contract, confirmed that you have read the KPM General Terms and Conditions and clicked the "order subject to 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 e-mail. The purchase contract via the online shop is thus concluded.

 

III. Cancellation policy

1. if you have purchased via our online store or other means of distance communication, you have the following right of withdrawal: You can withdraw from the contract within 14 days without giving any reason. The withdrawal period is 14 days and begins on the day on which you or a third party named by you, who is not the carrier, took 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, fax or e-mail). The revocation is to be sent to: KPM Royal Porcelain Manufactory Berlin GmbH, attn. the management Wegelystraße 1, 10623 Berlin, fax +49 30 39009 111, e-mail widerruf@kpm-berlin.com. You can use the sample withdrawal form provided on our website for your withdrawal, but this is not mandatory. Download sample withdrawal form. To meet the withdrawal deadline, it is sufficient to send your notification of exercising your right of withdrawal before the withdrawal period has expired.

  1. 2. consequences of withdrawal: In the event of withdrawal, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For the repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you. Under no circumstances will we charge you a fee for the refund. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest. You must return or hand over the goods to KPM Royal Porcelain Manufactory Berlin GmbH immediately and in any case no later than 14 days from the day on which you informed us of the revocation of this contract. The deadline is met if you send the goods before the 14-day period has expired. We shall bear the costs of returning the goods.

 

IV. Delivery

1. We deliver the goods directly from our manufactory, from our online shop and our stores within Germany and the EU.

  1. 2. Within the EU, orders with shipping to the following areas are not possible: Livingo, Campione, Dutch Antilles, Ceuta, Melilla, Andorra, Canary Islands, Gibraltar, Anguilla, Ascension, Cayman Islands, Falkland Islands, Saint Helena, Tristan da Cunha Islands, Chagos Islands, Turks and Caicos Islands, South and Antarctic Territories, Monteserat, Pitcalm Islands, Channel Islands, Cyprus (Turkish part), Martinique, Réunion, Mayotte, New Caledonia, Akrotiri and Dekelia, 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 provider selected 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. Items are only sold to consumers (§ 13 BGB) in quantities customary for households. If you would like to order larger quantities or from another country, please contact us by e-mail at sales@kpm-berlin.com.
  4. 5. Upon delivery to businesses, KPM Berlin is not obligated to take back the transport packaging if we have credited you 0.075% of the respective net value of the goods to the invoice amount as compensation for disposal costs.

 

V. Warranty

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

  1. 2. If delivery is made to entrepreneurs, a limitation period of 12 months from the transfer of the goods applies to the buyer's claims for defects; § 377 HGB applies.

 

VI. Goods not available for delivery

1. Should an item no longer be available, KPM Berlin undertakes to inform you of its non-availability after receipt of the order.

  1. 2. Should an item be temporarily unavailable, KPM Berlin reserves the right to a delivery time of up to 60 days and will inform you accordingly after receipt of the order.

 

VII. Prices and Payment

1. The prices we quote in our stores, in the online shop or elsewhere include statutory VAT. Shipping costs and any customs duties that may apply are not included. The total invoice amount of your order includes the shipping costs according to the delivery method you have chosen. Any other costs, such as customs duties and fees, are to be borne by you.

  1. 2. Every purchase of goods in the online shop – with the exception of purchase on account – is to be paid upon receipt of the order confirmation e-mail. 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 is due upon presentation of the order confirmation. We accept cash payment, credit card payment (Mastercard®, Visa® and American Express®), Girocard and advance payment. If payment is made by invoice, the amount is to be paid within 10 calendar days of the invoice date, unless expressly agreed otherwise.
  3. 4. For purchases on account, we reserve the right to request a deposit before the goods are shipped or handed over to you. Entrepreneurs are only entitled to a right of retention if it is based on the same contractual relationship and the counterclaims are acknowledged, undisputed or legally established.

 

VIII. Reservation of Title

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

  1. 2. If delivery is made to entrepreneurs, KPM Berlin retains ownership until all claims arising from the business relationship have been settled in full, including the acknowledged balance, insofar as KPM Berlin posts claims against the entrepreneur concerned to a current account. The entrepreneur is entitled to sell the goods delivered under retention of title in the ordinary course of business, subject to retention of title and subject to advance assignment of the claims from the resale to KPM Berlin to third parties. The entrepreneur must treat the goods delivered under retention of title with care and insure them adequately at their own expense against fire, water and theft damage at replacement value. KPM Berlin hereby accepts the assignment. The assignment is limited to 110% of KPM Berlin's respective outstanding claims against the entrepreneur concerned. The entrepreneur remains entitled to collect the assigned claims until revocation, which is permissible at any time.
  2. 3. Drawings and samples from KPM Berlin remain the property of KPM Berlin even after full payment; they may not be used without the consent of KPM Berlin.

 

IX. Data storage

1. We do not save the order text for orders placed via our online shop. However, you can print your order data immediately after submitting the order.

  1. 2. Furthermore, we store your data in accordance with the applicable statutory data protection regulations. With the conclusion of 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. Exclusion of liability

KPM Berlin shall only be liable for loss and damage to patterns that you have handed over to 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 court of jurisdiction for entrepreneurs. However, KPM Berlin is also entitled to sue the entrepreneur at his place of business or branch office.
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Declaration of Conformity

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

July 2021