GENERAL TERMS AND CONDITIONS

I. Scope of application

1 All purchases of goods from KPM Königliche Porzellan-Manufaktur 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. to the extent that these KPM GTC contain provisions relating to an entrepreneur, these provisions shall not apply to 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 store or in our other sales documents or the display 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 store and collect them in an electronic shopping cart by clicking on the "Add to cart" button. A binding offer is only made to us 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 on the "Order with obligation to pay" button. Until you click on this button, you can change your order and the data provided for your order at any time. We accept your order by sending you an order confirmation e-mail. This concludes the purchase contract via the online store.

 

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 Königliche Porzellan-Manufaktur Berlin GmbH, for the attention of 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 Königliche Porzellan-Manufaktur Berlin GmbH immediately and in any case within 14 days at the latest 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 factory, our online store and our sales outlets within Germany and the EU.

  1. 2. no orders with shipping to the following territories are possible within the EU: 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, South and Antarctic Territories, Monteserat, Pitcalm Islands, Channel Islands, Cyprus (Turkish part), Martinique, Réunion, Mayotte, New Caledonia, Akrotiri and Dekelia, Bonaire, Sabre, Sint Eustatius, Îles éparses, French Polynesia, Sint Eustatius, Îles éparses, Îles éparses, French Polynesia and Îles éparses. 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 shall be made by a shipping service 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. 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 e-mail at sales@kpm-berlin.com.
  4. 5. in the case of delivery to entrepreneurs, KPM Berlin is not obliged to take back the transport packaging if we have credited you 0.075% of the respective net value of the goods on the invoice amount as compensation for the disposal costs.

 

V. Warranty

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

  1. 2. in the case of delivery to entrepreneurs, a limitation period of 12 months from delivery of the goods shall apply to the Buyer's warranty claims for material defects; § 377 HGB (German Commercial Code) shall apply.

 

VI Goods that cannot be delivered

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 a product is only 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 quoted by us in our sales outlets, in the online store or otherwise are total prices including statutory VAT. They do not include shipping costs and any customs duties that may be incurred. The total invoice amount of your order includes the shipping costs according to the form of delivery you have chosen. Any other costs incurred, such as customs duties and fees, are to be borne by you.

  1. 2. every purchase of goods in the online store - with the exception of purchases against invoice - 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 bank transfer and prepayment.
  2. 3. for any other purchase of goods, payment must be made upon delivery of the order confirmation. We accept cash payment, payment by credit card (Mastercard®, Visa® and American Express®), Girocard and advance payment. In the case of purchase on account, the amount is to be paid within 10 calendar days of the invoice date, unless expressly agreed otherwise.
  3. 4. in the case of purchase on account, we reserve the right to demand a down payment before the goods are dispatched 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. in the case of deliveries to entrepreneurs, KPM Berlin retains title until all claims arising from the business relationship have been settled in full, including the recognized balance, insofar as KPM Berlin books claims against the entrepreneur concerned in current accounts (current account). The entrepreneur is entitled to sell the goods delivered subject to retention of title to third parties in the ordinary course of business, subject to retention of title and advance assignment of the claims arising from the resale to KPM Berlin. The entrepreneur must treat the goods delivered subject to retention of title with care and insure them adequately at his own expense against fire, water damage and theft at replacement value. KPM Berlin hereby accepts the assignment. The assignment is limited in each case to 110% of KPM Berlin's outstanding claims against the entrepreneur concerned. The Contractor shall remain entitled to collect the assigned claims until revocation, which is permissible at any time.
  2. 3. drawings and samples of KPM Berlin shall remain the property of KPM Berlin even after full payment has been made; they may not be used without the consent of KPM Berlin.

 

IX. Storage of data

1. when ordering via our online store, the order text is not saved by us. However, you can print out your order data immediately after sending the order.

  1. 2 We also 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 of or damage to samples that you have handed over to us in the event of intent or gross negligence.

XI. Applicable law, place of jurisdiction

1 German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

  1. 2. the exclusive local place of jurisdiction for entrepreneurs shall be Berlin. However, KPM Berlin is also entitled to sue the entrepreneur at his registered office or branch office.
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Declaration of conformity

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

July 2021