Terms and Conditions for Private Sellers

General Terms and Conditions for the Sale of Meissen Porcelain via MEISSEN

These General Terms and Conditions apply to private sellers who instruct MEISSEN to sell Meissen porcelain via the MEISSEN Online Shop. MEISSEN sells the item in its own name, but for the account of the seller. Legally, this is a commission transaction. The private seller is hereinafter referred to as the “Seller” and is legally the principal.

§ 1 Subject Matter of the Agreement

(1) MEISSEN offers private sellers the opportunity to have Meissen porcelain sold via the MEISSEN Online Shop. The sale is carried out by MEISSEN in its own name, but for the account of the Seller.

(2) Only items made of Meissen porcelain that MEISSEN considers suitable for resale are eligible.

(3) The initial assessment is based on the information and images submitted by the Seller. The inclusion of an item in the sale is subject to the physical inspection of the item after receipt by MEISSEN.

§ 2 Contact and Conclusion of the Agreement

(1) If the Seller wishes to have porcelain items sold via MEISSEN, the Seller shall submit the required information and images for the respective item to MEISSEN via the sales form provided on the website.

(2) On the basis of this information and these images, MEISSEN carries out an initial digital preliminary assessment. If, following this preliminary assessment, the item is generally suitable for sale via MEISSEN, the Seller will receive an initial offer by e-mail. Any payout value stated therein is non-binding and subject to the physical inspection of the item after receipt by MEISSEN.

(3) If the Seller accepts this initial offer and accepts these General Terms and Conditions, a commission agreement is concluded between MEISSEN and the Seller.

(4) The Seller remains the owner of the item until it is sold to a third party.

(5) MEISSEN is entitled, after receipt and physical inspection of the item, to reject the inclusion of the item in the sale or to notify the Seller of a different binding payout value. This applies in particular if the item is not authentic, does not correspond to the information submitted, shows damage or other value-relevant deviations, if legal or factual reasons prevent resale, or if MEISSEN considers the item unsuitable for sale via MEISSEN. The Seller shall have no claim to inclusion of the item in the sale until the binding payout value has been confirmed by both MEISSEN and the Seller.

(6) If MEISSEN rejects the inclusion of the item in the sale or if the Seller does not accept the binding payout value communicated after the physical inspection, the commission agreement ends with respect to that item. MEISSEN shall return the item to the Seller in accordance with these Terms and Conditions.

§ 3 Shipment of the Item to MEISSEN

(1) After accepting the initial offer, the Seller shall send the item to MEISSEN at the Seller’s own expense.

(2) The Seller must package the item carefully, securely against breakage and in a manner suitable for transport. MEISSEN will provide the Seller with separate packaging instructions. MEISSEN assumes no responsibility for damage resulting from insufficient packaging or from transport to MEISSEN.

(3) Shipment to MEISSEN is at the Seller’s risk. MEISSEN shall only be liable for the item from the time it is handed over to MEISSEN and only in accordance with these Terms and Conditions.

(4) The Seller must enclose with the shipment the documents requested by MEISSEN, in particular information on the items sent, the Seller’s contact details and bank details, insofar as these are required for further processing.

§ 4 Contract Term and Termination

(1) The commission agreement is concluded for a period of nine months from acceptance of the initial offer, unless it ends earlier in accordance with these Terms and Conditions.

(2) MEISSEN is entitled to reject the inclusion of the item in the sale after physical inspection in accordance with § 2 para. 5 and § 5. In this case, the commission agreement ends with respect to the item concerned.

(3) The Seller may terminate the commission agreement at any time in text form, in particular by e-mail to sell@meissen.com, as long as no purchase agreement for the item has yet been concluded with a buyer.

(4) MEISSEN may terminate the commission agreement in text form with a notice period of 14 days to the end of the month.

(5) The right of both parties to terminate for good cause remains unaffected. Good cause for MEISSEN exists in particular if it becomes apparent that the item is not original Meissen porcelain, is not owned by the Seller, is subject to third-party rights, if the Seller has provided incorrect or incomplete information, or if other legal or factual reasons prevent the sale.

(6) After termination of the agreement, MEISSEN shall return the item still in its possession to the address provided by the Seller. MEISSEN shall bear the costs of return shipment unless the termination is due to incorrect information provided by the Seller, lack of authenticity, conflicting third-party rights or any other reason attributable to the Seller.

§ 5 Inspection, Binding Payout Value and Storage

(1) After receipt of the item, MEISSEN shall inspect the item within a reasonable period, generally within 14 days, in particular with regard to authenticity, condition, completeness, marketability and suitability for sale via MEISSEN.

(2) The Seller agrees to the inspection of the item by MEISSEN. The inspection may include, in particular, a visual inspection, an inspection of marks and markings, and an assessment of the state of preservation.

(3) After completion of the inspection, MEISSEN decides whether the item will be included in the sale. MEISSEN may reject inclusion in particular for the reasons stated in § 2 para. 5.

(4) If the item is included in the sale, MEISSEN shall notify the Seller of the binding payout value. The item will only be included in the sale after the Seller has confirmed this payout value.

(5) If MEISSEN rejects the inclusion of the item in the sale or if the Seller does not confirm the binding payout value, MEISSEN shall return the item to the Seller in accordance with these Terms and Conditions.

(6) During the term of the agreement, MEISSEN shall store the item separately from its own goods.

§ 6 Payout Value and Remuneration of MEISSEN

(1) The payout value communicated to and confirmed by the Seller after the physical inspection is the amount that the Seller will receive after the successful sale of the item and after expiry of the buyer’s cancellation period.

(2) MEISSEN is entitled to determine, at its own discretion, the sales price at which the item is offered in the MEISSEN Online Shop and to adjust it during the term of the agreement. The sales price in the MEISSEN Online Shop may differ from the payout value.

(3) The difference between the sales price achieved in the MEISSEN Online Shop and the payout value remains with MEISSEN. It constitutes MEISSEN’s remuneration for inspection, presentation, storage, sales processing, payment processing, shipping processing and customer service.

(4) The Seller has no claim to a specific sales price or to the item being sold within the term of the agreement.

§ 7 Sale, Notification of Execution and Payment

(1) MEISSEN offers the item for sale in the MEISSEN Online Shop after the Seller has confirmed the binding payout value. MEISSEN decides on the specific presentation, description, categorisation and placement of the item in the Online Shop.

(2) MEISSEN sells the item to the buyer in its own name. MEISSEN is not obliged to disclose the buyer’s identity to the Seller.

(3) In the event of a sale, MEISSEN shall inform the Seller of the successful execution of the sale. Notification of execution will only be made after expiry of the buyer’s statutory cancellation period, provided that the buyer has not cancelled the purchase agreement.

(4) MEISSEN shall pay the confirmed payout value to the Seller within 14 days after notification of execution.

(5) Payment shall be made to the bank account provided by the Seller. The Seller is obliged to provide MEISSEN with complete and accurate payment details.

§ 8 Obligations of the Seller

(1) The Seller warrants that the Seller is a private seller and the owner of the item. The Seller further warrants that the Seller may freely dispose of the item and that no third-party rights exist in relation to the item.

(2) The Seller is obliged to provide MEISSEN with all information required for the inspection and sale of the item completely and accurately and to inform MEISSEN without undue delay if it subsequently becomes apparent that information was incorrect or incomplete or if other circumstances become known that may be relevant for the inspection or sale of the item. This applies in particular to information on authenticity, origin, condition, damage, repairs, restorations, additions, missing parts, personalisations and other value-relevant circumstances.

(3) The Seller shall indemnify MEISSEN against third-party claims based on the item not being owned by the Seller, being subject to third-party rights, or information provided by the Seller being incorrect or incomplete. This also includes reasonable costs of legal defence. If MEISSEN incurs costs or damages because information provided by the Seller was incorrect or incomplete or because the item does not have the condition stated by the Seller, the Seller shall be obliged to reimburse MEISSEN for such costs and damages; this applies in particular to costs of reversing a transaction with the buyer.

(4) The Seller agrees that MEISSEN may present the item in the Online Shop using existing sample images, its own photographs or other image material. If sample images are used, MEISSEN shall indicate in an appropriate manner that the image is an example representation of the same or a comparable item and that individual characteristics of the specific item may differ.

§ 9 Liability

(1) MEISSEN shall be liable for damage to or loss of items that are within MEISSEN’s sphere of control in accordance with statutory provisions, unless otherwise provided in these Terms and Conditions.

(2) MEISSEN shall not be liable for damage resulting from insufficient packaging, transport to MEISSEN or incorrect or incomplete information provided by the Seller.

(3) In the event of damage or loss attributable to MEISSEN, compensation shall be limited to the payout value confirmed after the physical inspection. If no binding payout value has yet been confirmed, the non-binding payout value communicated on the basis of the initial digital preliminary assessment shall generally be decisive. Both parties may prove that the actual value of the item at the time of the damage was higher or lower.

(4) The above limitations of liability shall not apply in cases of intent or gross negligence, injury to life, body or health, or in cases of mandatory statutory liability. In the event of a slightly negligent breach of material contractual obligations, MEISSEN’s liability shall be limited to the typical, foreseeable damage. Material contractual obligations are obligations whose fulfilment is essential for the proper performance of the agreement and on whose compliance the Seller may regularly rely.

§ 10 Cancellation Policy

(1) The Seller has the right to cancel this agreement within fourteen days without giving any reason.

(2) The cancellation period is fourteen days from the day on which the agreement is concluded.

(3) To exercise the right of cancellation, the Seller may use the online form provided on the website:

To the online cancellation form

Alternatively, the Seller may inform MEISSEN of the decision to cancel this agreement by means of an unequivocal statement, for example by post or e-mail. The statement must be addressed to:

Staatliche Porzellan-Manufaktur Meissen GmbH
Customer Service Porcelain Sale
Talstraße 9
01662 Meißen
Germany
E-mail: sell@meissen.com
Telephone: +49 3521 468 6631

The Seller may use the attached model cancellation form for this purpose, but this is not mandatory. If the Seller makes use of this option, MEISSEN will promptly send confirmation of receipt of the cancellation, for example by e-mail.

To meet the cancellation deadline, it is sufficient for the Seller to send the notification of exercising the right of cancellation before the cancellation period expires.

(4) If the Seller cancels the agreement, MEISSEN shall return any item already sent to MEISSEN without undue delay and no later than fourteen days from the day on which MEISSEN received notification of the cancellation. This does not apply if a purchase agreement for the item has already been concluded with a buyer before receipt of the cancellation.

(5) MEISSEN shall bear the costs of return shipment unless the cancellation is due to incorrect information provided by the Seller, lack of authenticity, conflicting third-party rights or any other reason attributable to the Seller.

§ 11 Final Provisions

(1) The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods. If the Seller is a consumer and has their habitual residence in another country, mandatory consumer protection provisions of that country shall remain unaffected.

(2) To the extent legally permissible, Meißen shall be the place of performance and place of jurisdiction for all disputes arising from or in connection with this agreement.

(3) Amendments and supplements to these Terms and Conditions must be made in text form. Individual agreements remain unaffected.

(4) Should individual provisions of these Terms and Conditions be or become invalid, the validity of the remaining provisions shall remain unaffected.