I. Scope

1. The following General Terms and Conditions (KPM-AGB) apply exclusively to all purchases of goods from KPM Königliche Porzellan-Manufaktur Berlin GmbH (hereinafter: KPM Berlin) by consumers (Section 13 of the German Civil Code (BGB)) or business entities (Section 14 of the German Civil Code (BGB)), whether made directly from our factory, at our retail locations, or through our online store at www.kpm-berlin.com. A consumer is any natural person who enters into a legal transaction for a purpose that is neither related to their commercial nor to their self-employed professional activity.
2. If you, as a consumer, have purchased goods from us through our online store, you are entitled to 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

1. 1. Your order for goods from KPM Berlin constitutes an offer to enter into a purchase agreement. If you wish to purchase goods from us, the purchase agreement is concluded upon our delivery of the written order confirmation to you, the delivery or handover of the goods, or the sending of the invoice, whichever occurs first. In the order confirmation, we expressly refer to the KPM Terms and Conditions; The KPM Terms and Conditions are printed on back , the order confirmation, the delivery note, and the invoice, and are also available online at www.kpm-berlin.com. The order confirmation lists the goods sold, their quantity, the unit prices, the total price, and—if applicable—the shipping costs.
2. 2. The product descriptions in our online store or in our other sales materials, or the display of products at our retail locations, do not constitute legally binding offers by KPM Berlin . The prices listed therein are non-binding.
3. 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 made a purchase through our online store or via other means of distance communication, you have the following right of withdrawal: You may withdraw from the contract within 14 days without providing a reason. The withdrawal period is 14 days and begins on the day on which you, or a third party designated by you (other than the carrier), took possession of the last item. 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 mail, a fax, or an email). The notice of withdrawal must be addressed to: KPM Königliche Porzellan-Manufaktur Berlin GmbH, Attn: Management, Wegelystraße 1, 10623 Berlin, Fax +49 30 39009 111, Email widerruf@kpm-berlin.com. You may use the sample withdrawal form provided on our website for your notice of withdrawal, though this is not required. Download the sample withdrawal form. To meet the withdrawal deadline, it is sufficient to send your notice of exercising the right of withdrawal before the withdrawal period expires.

1. 2. Consequences of Withdrawal: In the event of a cancellation, we must refund all payments we have received from you, including delivery costs (with the exception of any additional costs resulting from your choice of a delivery method other than the least expensive standard delivery option we offer), without delay and no later than 14 days from the day we receive notice of your cancellation of this contract. We will use the same payment method you used for the original transaction to process the refund, unless we have 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 occurs first. You must return or hand over the goods to KPM Königliche Porzellan-Manufaktur Berlin GmbH without delay and, in any event, no later than 14 days from the day on which you notified us of your withdrawal from this contract. The deadline is met if you ship the goods before the 14-day period expires. We will cover 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 handled by a shipping service selected by KPM Berlin . The delivery dates specified by KPM Berlin are not binding, and KPM Berlin is entitled to make partial deliveries unless otherwise expressly agreed.
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. For deliveries to businesses, KPM Berlin is not obligated to take back the shipping packaging if we have credited your account with 0.075% of the respective net value of the goods 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. If an item is no longer available, KPM Berlin agrees to notify you of the unavailability after receiving your order.

1. 2. If an item is only temporarily out of stock, KPM Berlin reserves the right to extend the delivery time by up to 60 days and will notify you accordingly after receiving your 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. In the case of delivery to business customers, KPM Berlin reserves title to the goods until all claims arising from the business relationship—including the acknowledged balance—have been settled in full, to the extent that KPM Berlin posts claims against the business customer in question to a running account (current account). The business is entitled to sell the goods delivered under retention of title to third parties in the ordinary course of business, subject to retention of title and with the receivables from the resale assigned in advance to KPM Berlin . The business must treat the goods delivered under retention of title with due care and insure them at its own expense against fire, water, and theft damage 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 contractor in question. The contractor remains entitled to collect the assigned claims until such time as this right is revoked, which may occur at any time.
2. 3. Drawings and samples from KPM Berlin 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. 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. In all other respects, we store your data in accordance with the applicable data protection laws. Upon the conclusion of a contract between KPM Berlin and you, you consent to the storage of your data in accordance with the applicable data protection laws.

X. Exclusion of liability

KPM Berlin is liable for the loss or damage of samples you have provided to us only in cases of willful misconduct 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. With respect to business entities, Berlin is agreed upon as the exclusive place of jurisdiction. However, KPM Berlin is also entitled to bring legal action against the business entity at its place of business or branch office.

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