1.1. These 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.
1.2. A 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.
2. 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.
2.3. 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 the order.
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.
3. Cancellation right for consumers
Consumers are entitled to a cancellation right under the following conditions:
3.1. Cancellation right
You 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 goods.
In 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: firstname.lastname@example.org) 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.
Online dispute 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
If 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.
You 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.
You 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.
3.3. Exceptions from the cancellation right
Unless the parties have agreed otherwise, the cancellation right shall not exist for the following contracts:
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 requirements.
3.4. General information regarding the cancellation right
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 shipping damage.
b. Please 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 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 relevant regulations.
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 value-added tax.
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
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.
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 GTC.
Porzellanmanufaktur FÜRSTENBERG GmbH
Meinbrexener Straße 2, 37699 Fürstenberg, Germany
T +49 5271 401-0, F+49 5271 401-100
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
Version dated: 06/2015 (Online Shop)