General Business Terms and Conditions

 

§ 1 Order

1.
The customer makes their order by facsimile, by mail or by email, and then receives a written order confirmation. The customer selects the type of delivery of the order confirmation. The confirmation contains the order information of the customer and documents confirming that MEISSEN® has received the order. The delivery of goods follows only in conventional household quantities.

2.
The contract is initialised through the delivery of decaration of acceptance by MEISSEN®. MEISSEN® shall be entitled but not required to accept the contract offer within 14 days after delivery by MEISSEN®. MEISSEN® shall be required to accept delivery either by facsimile, by mailing or by emailing of the order confirmation.


§ 2 Registration

1. 
The customer shall have the opportunity to submit customer data. A written declaration of consent shall be transferred by facsimile, by mail or by e-mail.

2. 
For registration as customer, MEISSEN® requires the following information details: Surname, first name, address, birthdate, alternate delivery address as well as an email address or a telefax number. MEISSEN® uses the saved information only in compliance with current data security legislation. Details are included in the data protection privacy statement from MEISSEN®, which can be made available to the customer upon request by email or by facsimile.


§ 3 Delivery Times

1.
If MEISSEN® is unable to perform delivery as a result of force majeure or on the basis of other factors which cannot be represented by MEISSEN®, then the customer shall be required to inform MEISSEN®. In such case(s), MEISSEN® must provide the customer with a new delivery time in relation to the actual circumstances. If the goods are still not available within the new delivery period on the basis of factors which cannot be represented by MEISSEN®, MEISSEN® shall be entitled to rescind the contract in whole or in part. Return delivery service to the customer must be performed by MEISSEN® immediately. To the extent that a delivery to the customer is not acceptable, the customer shall be entitled to make withdrawal from the contract by means of prompt written notification (i.e. written, by facsimile or e-mail to MEISSEN®). Additional legal rights of the customer shall herewith remain unaffected.

2.
Partial deliveries and early deliveries are permitted within frameworks that are acceptable to the customer. To the extent that the customer has placed multiple orders, it can happen that MEISSEN® will have sent these orders within multiple deliveries. MEISSEN® shall inform the customer about the multiple orders before deliveries are sent.


§ 4 Prices and Delivery Costs

1. Prices

a) Prices within the EU
Prices provided by MEISSEN® are listed in EURO and include the currently valid amount of VAT taxes.

b) Prices outside the EU
For orders and delivery of goods to countries outside the European Union, only the net prices are listed.

2. Delivery Costs

Delivery costs are listed in addition separately on the invoice.

a) Delivery within Germany
Delivery service of goods within Germany follows via DHL-Valuepack. 
For this service, the following prices are listed:

For goods value to 500.00 EUR                                             7.00 EUR 
For goods value beyond 501.00 EUR to 2,500.00 EUR       10.50 EUR
For goods value beyond 2501.00 EUR                                 22.00 EUR       

a) Delivery within Germany
Delivery service to addresses outside of Germany shall be completed via DHL Express.

c) Delivery service of items “Historical Meissen®” is completed via DHL Express.

d) The delivery service fees for MEISSEN® Joaillerie are structured thus:
Delivery service of goods within Germany follows via DHL-Valuepack.
For this service, the following prices are listed:

For goods value to 500.00 EUR                                            7.00 EUR 
For goods value beyond 501.00 EUR to 2,500.00 EUR           28 EUR
For goods value beyond 2501.00 EUR to 25,000.00 EUR       43 EUR

e) The delivery service fees for MEISSEN® Joaillerie to addresses outside of Germany shall be provided as part of a special fee issue.

3. 
The delivery service fees for the products MEISSEN HOME® shall be calculated as part of a special invoicing calculation and then issued.

4.
In the case of online orders, delivery service shall be completed only domestically within Germany.

5.
Delivery and/or Delivery Service in Embargo Countries and/or to those countries affected by international sanctions and natural persons shall be prohibited.


§ 5 Payment, Default of Payment

1.
Payment shall be made by credit card or per prepayment. MEISSEN® shall be entitled to withdrawal from all existing contracts for cases in which the customer has not yet paid despite due date and reminders of due balances.


§ 6 Retention of Title

1.
Through to the full payment of the purchase price, the delivered goods remain the property of MEISSEN®.

2.
The customer shall be required to inform MEISSEN® in writing in the case of seizure of goods or other interventions by a third party and shall further be required to inform the third party in regards to the property in reserve.


§ 7 Cancellation Policy

Right of cancellation

You have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the last partial shipment or the last piece.

To exercise your right of withdrawal, you must contact us:
Staatliche Porzellan-Manufaktur Meissen GmbH 
Customer service:
Talstraße 9, 01662 Meißen

in case of cancellation by e-mail: 
 service [at] meissen [dot] com 

in case of cancellation by fax: +49 (0) 3521 468 6600 (€0.14/min from the German landline network, mobile phone prices differ)

by means of a clear statement (e.g. a letter sent by post, fax or e-mail) about your decision to withdraw from this contract. You can use the attached model withdrawal form, which is not required. If you use this option, we will immediately send you (for example by e-mail) a confirmation of the receipt of such  revocation.

In order to maintain the cancellation period, it is sufficient for you to send the notification to exercise the right of withdrawal before the expiry of the withdrawal period.

Consequences of the cancellation

If you withdraw from this Agreement, we have selected all payments we have received from you, including delivery charges (except for the additional costs arising from choosing a different delivery method than the most favourable standard delivery we offer) must be repayed immediately and at the latest within fourteen days from the date on which the notification of your revocation of this contract has been received by us. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you; you will not be charged for repayment fees.

We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return the goods to us immediately and in any event within 14 days from the date on which you inform us of the cancellation of this contract. The deadline will be met if you send the goods before the deadline of 14 days. We shall bear the immediate cost of the return of goods.

You will only pay for a possible loss in value of the goods, if this loss of value is due to handling that is not necessary for the examination of the nature, characteristics and functioning of the goods.

Produce that has not been purchased via customer service may not be sent for return.

As per § 312g Para. 2 No. 1 BGB, the right to return for personalised products shall be excluded in such cases that products are prepared with a special painting or marking.

Exclusion of the right of withdrawal

The right of withdrawal does not apply:
- if the goods were made according to an individual selection or customer wishes, or
- if, due to their nature, the goods have been inseparably mixed with other goods or are otherwise unsuitable for return.


§ 8 Warranty

1.
Warranty for defects of the purchased goods shall be held in compliance with the legal provisions, especially §§ 434 et seq. BGB as well as the following provisions.

2.
Material driven deviations in quality, colour, size, equipment or design of the good which are customary or technically unavoidable are negligible. A right to withdraw or rescind for such or other negligible defects shall not be permitted. The right shall remain, however, for the customer to establish that the deviations are significant and substantial.

3.
Warranty rights of the customer shall not exist if the goods have been changed and the deviation has been caused by such change. Likewise, the warranty claims regarding appropriate utilisation of the goods shall remain excluded. Claims of the customer to indemnification or replacement due to significant expenditures shall be valid according to measures as per §§ 9 of the GTC.


§ Liability

1.
MEISSEN® shall be liable without limitation and gross negligence. For minor negligence, MEISSEN® shall be liable only in case of injury or violation to health, body, health or an essential contractual obligation. Essential contractual obligations are those whose fulfilment are necessary for the fulfilment of the contract and which the customer relies and may rely upon.

2.
In the case of minor negligence to essential contractual obligations, the liability of MEISSEN® shall be restricted of uncertain amount to foreseeable, typically occurring damages.

3.
The preceding limits to liability shall be valid for the benefit of the legal representative and vicarious agents of MEISSEN®.

4.
Liability as per product liability law shall remain unaffected.


§ 10 Final Clause

1.
Contracts between MEISSEN® and the customer shall be governed by the Federal Republic of Germany with exclusion of the UN Convention on Contract for the International Sale of Goods.

2.
Should individual provisions of these General Terms and Conditions be or become invalid, the validity of the remaining provisions shall not be affected thereby. In the place of the invalid provision, the relevant legal regulations shall be applicable.  This shall also apply for the closing of any gaps in provisions as contained within this GTC.

3.
For questions, complaints or claims, please contact:

E-mail address: service [at] meissen [dot] com
Tel.: 49 (0) 3521 468 600 
PO BOX: 
Staatliche Porzellan-Manufaktur Meissen GmbH 
Customer service: 
Talstraße 9, 01662 Meißen


B2C version, November 2015 

 



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