General Terms and Conditions (hereinafter referred to as "GTC") of
Porzellanmanufaktur Fürstenberg GmbH (hereinafter referred to as "Fürstenberg"), are valid for all
contracts that a consumer or entrepreneur (hereinafter referred to as "Purchaser")
concludes with Fürstenberg regarding
the goods and/or services shown by Fürstenberg
in its online shop. Any deviation must be explicitly confirmed by Fürstenberg in writing. Unfortunately,
we cannot acknowledge the integration of contradictory GTC of the Purchaser.
consumer within the meaning of these GTC is any natural person, who concludes a
legal transaction for purposes that are neither mainly attributable to
commercial purposes or for a self-employment activity. An entrepreneur within
the meaning of these GTC is a natural person or legal entity or a partnership
with legal capacity that exercises its commercial or independent professional
activity in concluding a legal transaction.
Conclusion of contract
2.1. The product descriptions shown in the Fürstenberg online shop do not
constitute binding offers. They are only for the purpose of the Purchaser
submitting a binding offer.
2.2. The Purchaser can place the goods in
the virtual shopping basket of the online shop and submits a binding offer by
clicking on the button to complete the order process regarding the goods lying
in the shopping basket. Furthermore, it is possible to submit an offer by
e-mail, by fax or by telephone to Fürstenberg.
can accept the customer's offer within 5 days, by sending an order confirmation
in text form the customer, by delivering the ordered goods or requesting
payment from the customer after the order has been submitted.
2.4. In the event that the Purchaser
selects "PayPal Express" as the payment type, a payment order is
placed with the payment service provider by completing the order process. In
this case, in contrast to Point 2.3., FÜRSTENBERG now already declares the
acceptance of the Purchaser's order at the time when the Purchaser completes
2.5. Insofar as the Purchaser submits its
offer via the online shop, the contract text will be saved by Fürstenberg and sent to the Purchaser
after its order is sent in text form.
In addition to
this, the contract text will be saved with Fürstenberg.
2.6. The conclusion of the contract can
take place in German or English language.
Cancellation right for consumers
entitled to a cancellation right under the following conditions:
3.1. Cancellation right
have the right cancel this contract within 14 days without specifying reasons.
The cancellation notice period is 14 days from the day on which you or a third
party appointed by you, who is not the carrier, last took possession of the
order to exercise your cancellation right, you must inform us
(Porzellanmanufaktur Fürstenberg GmbH, Meinbrexener Str. 2, 37699 Fürstenberg,
Germany, telephone: 05271/ 401 0, fax: 05271/ 401 100, e-mail:
email@example.com) by means of a clear declaration (e.gl a letter
sent by post, telefax or e-mail) about your decision to cancel this contract.
You can use the attached cancellation form template for this, however, this is
not prescribed. To preserve the cancellation time limit, it is sufficient for
you to dispatch the notification about exercising the right of cancellation
prior to the expiry of the cancellation time limit.
resolution under Article 14 (1) of the ODR: The European Commission
provides a platform for online dispute settlement (OS), which can be
found at http://ec.europa.eu/consumers/odr/
3.2. Consequences of the cancellation
you cancel this Contract, we will immediately refund you with all payments
received from you, including shipping costs (with the exception of additional
costs that result from the fact that you have selected a different shipping
method than the standard, low-priced shipping method offered by us) and in any
case, no later than within 14 days from the day as of which this notification
about your cancellation is received by us. For this refund, we will use the
same payment method that you used for the original transaction, unless
explicitly agreed otherwise with you; in no case, will we charge you any costs
for this refund. We can refuse the refund until we have received the returned
goods or until you have provided evidence that you have returned the goods,
depending on which takes place sooner.
must send back or hand over the goods to us immediately and in any case, no
later than within 14 days from the day on which you inform us about the
cancellation of this contract. The time limit shall be fulfilled if you
dispatch the goods prior to the expiry of the time limit of 14 days.
shall bear the direct costs of returning the goods. You are only required to
cover any loss in value of the goods, if this loss in value is due to handling
of the goods that is not necessary for inspecting the quality, characteristics
and function of the goods.
Exceptions from the cancellation right
Unless the parties have agreed otherwise, the
cancellation right shall not exist for the following contracts:
for the delivery of goods that are not prefabricated and for which the
production of an individual selection or specification by the consumer is
relevant or that are clearly customised for the consumer's personal
3.4. General information regarding the
a. It would be nice if you could avoid
damaging and contaminating the goods. In view of this, it would be desirable
for you to return the goods in their original packaging with all accessories
and all packaging components. If you are no longer in possession of the
original packaging, please ensure that there is adequate protection from
do not return the goods to us freight forward, if possible.
c. For delivery within the Federal
Republic of Germany, you basically have the opportunity to use our free
collection service for returning the goods. If you use this, we kindly request
that you contact us in this regard.
d. Please note that the foregoing
Points a-c are not a precondition for exercising the cancellation right.
Packaging and shipping Shipping costs are added
to the quoted product prices. Please see the offers for further details
regarding the amount of the shipping costs or under Shipping-Charges-and-Payment-Methods.
Delivery Delivery takes place in
the form selected by the Purchaser in the online shop. The prices quoted in the
online shop are end prices including statutory value-added tax.
For delivery to
countries outside of the European Union, additional costs (e.g. customs duties,
etc.) can be incurred, for which FÜRSTENBERG is not responsible and must be
borne by the customer. If the customer select delivery to a country outside of
the European Union in the sales process, the value-added tax will be subtracted
within the context of the ordering process. The customer shall then tax the
goods after being imported into the destination country in accordance with the
Due date and payment FÜRSTENBERG shall charge
the Purchaser with the purchase price after the order confirmation is
dispatched; cash in advance is thereby arranged. Default shall occur within 30
days after receipt of the invoice. The Purchaser can pay the purchase price
using the direct debit method (only applies within Germany), PayPal or by
credit card. These quoted prices are stated in EURO and contain the statutory
Warranty and liability 7.1. The statutory warranty rights shall
apply towards consumers.
7.2. The following warranty regulations
shall apply towards entrepreneurs:
delivered items have material or production defects, please submit a complaint
about visible faults - particularly shipping damage - immediately to
FÜRSTENBERG or the person who delivers the item. During the statutory warranty
period of 2 years after receipt of the goods, FÜRSTENBERG shall either repair
or exchange the goods at your discretion. If the rectification of the defect or
the replacement delivery fails or if supplementary delivery is impossible or
associated with disproportionately high costs, you will be entitled to cancel
the purchase by means of withdrawal or reduction of the purchase price
(reduction). Further claims of the
Purchaser are excluded, regardless of the legal grounds. Therefore, FÜRSTEN
BERG is not liable for damage that has not occurred on the delivery item;
FÜRSTENBERG is specifically not liable for lost profit or other pecuniary
damages of the Purchaser. Insofar as the liability of FÜRSTENBERG is excluded
or limited, this shall also apply to the liability of employees,
representatives of legal agents of FÜRSTENBERG. The foregoing liability
exclusion does not apply, insofar as the cause of the damages is due to
premeditation or gross negligence or injury to life, limb or health of a
person. It also does not apply if the Purchaser is asserting claims from
Sections 1,4 of the Product Liability Act or claims from a quality guarantee or
durability guarantee (Section 443 BGB [German Civil Code]). The same applies to
initial inability or culpable impossibility. In the case of negligent breach of
a significant contractual duty by FÜRSTENBERG, the obligation to compensate
material damages and personal injury is limited to the damages that typically
arise. The 2-year warranty also applies to claims for consequential damages due
to defects, insofar as no claims have been asserted due to illicit acts.
Reservation of ownership The delivered goods
shall remain the property of FÜRSTENBERG until full payment has been made.
Miscellaneous German law applies, to
the exclusion of the UN Sales Convention. The invalidity of individual
provisions shall not otherwise affect the validity of the contract and these
FÜRSTENBERG GmbH Meinbrexener Straße 2,
37699 Fürstenberg, Germany T +49 5271 401-0, F+49
5271 401-100 firstname.lastname@example.org,
fuerstenberg-porzellan.com Managing Director:
Stephanie Saalfeld Chairperson of the
Supervisory Board: Christoph Schulz Register Court:
Hildesheim HRB 110 416 Registered office:
Fürstenberg Legal form: GmbH, VAT ID
No. DE 811132615