The German version of the General terms and conditions shall prevail, whereas the English version is provided for information only.
General Terms and Conditions of conclusion of a purchase agreement of the company Steinkamp KG Porzellanhandel, Bahnhofstr. 6, 95195 Röslau, Germany hereinafter referred to as the Seller
§ 1 General provisions and definitions
1. The seller offers various products, particularly porcelain and glasses, on the website www.porzellantreff.de. The following General terms and conditions of conclusion of a purchase agreement are valid for any kind of business relations between the Customer and the Seller as in force on the date of entering into these relations.
2. In terms of these General terms and conditions a consumer shall be any natural person who enters into legal business relations for a purpose which can be attributed neither to their employment nor to their self-employed occupational activity.
Within the terms of these General terms and conditions, an enterpreneur shall be a natural or a legal person or a legally responsible partnership which after the conclusion of a contract intends to pursue commercial or self-employed occupational activities.
Customers under the terms of these general terms and conditions shall be consumers as well as entrepreneurs.
3. Individual agreements shall take precedence over these General terms and conditions. Any other, additional or contradictory General terms and conditions shall not be a contractual clause unless their force has been explicitly approved by the Parties.
§ 2 Conclusion of an agreement
1. The presentation of goods on the website of the Seller is not an offer in the legal sense, but is merely given to invite the Customer to submit an offer in the legal sense. The ordered products may slightly differ from the products presented on the internet due to the technical possibilities of the representation methods, provided these differences are reasonable. It especially concerns dissimilarities of colours.
2. The Customer can place an order per fax, e-mail, via the online-form on the website or in writing. The placement of an order shall be a binding offer to conclude a purchase contract for the respective product.
3. The Seller shall immediately send a confirmation of the receipt of the order per fax or per e-mail.
a) When such payment methods as prepayment/bank transfer, credit card, bill, cash on delivery are chosen, the purchase contract shall come into force not after the acknowledgement of the receipt of an order, but only after a separate e-mail with the letter of acceptance of an order has been sent or after the goods have been delivered. The Seller is entitled to accept the formal offer within 5 working days. If the goods have been ordered by electronic means, the Seller has a right to accept the offer within 2 working days after its receipt. The offer shall be immediately considered as accepted if the Seller delivers the ordered goods within the mentioned period.
b) In case of such payment methods as Sofortüberweisung, PayPal or direct debit the purchase contract comes into force immediately after the payment order has been received by the Customer.
4. The contract shall come into force under the condition that in case of an incorrect, incomplete or improper delivery of the ordered items by the manufacturers or suppliers of the Seller, the contract will be considered as thenot completed or partially completed.
This only applies if the the failure to deliver the goods has occurred through no fault of the Seller and the Seller has duly concluded a corresponding contract with the supplier to deliver the goods and satisfy the terms of the purchase agreement.
The Seller shall within reasonable limits do everything possible to supply the ordered goods. Otherwise, the money shall be refunded immediately. In case of unavailability or only partial availability of the ordered products the Customer shall be correspondingly notified.
5. If the Customer has ordered the product by electronic means, the Seller shall save the ordering information and will send it together with the valid revision of the General terms and conditions per e-mail after conclusion of a contract.
§ 3 Reservation of proprietary rights
1. The goods supplied to the Customer remain the property of the Seller until they are fully paid. In case of a purchase and delivery of the goods to the Enterpreneur, the Seller shall retain its title to the these products until all the costs incurred during these business relations are settled by the Enterpreneur.
2. In case the behaviour of the Customer contradicts the terms of the purchase agreement, particularly in case of delays in payment, delivery of false information concerning his or her creditworthiness or in case of the existence of bankruptcy proceedings in the name of the Customer, the Seller is entitled to withdraw from a contract and to demand the return of the goods, in case the goods have not been paid for or have been partially paid.
3. The Enterpreneur is entitled to resell the acquired products in the normal course of business. He shall transfer all claims against third parties which arise as a result of the resale of the goods. The Seller shall accept this transfer. After the transfer of the claims the Enterpreneur is authorized for a collection of claims. In case the Enterpreneur does not meet the payment obligations according to the agreement and falls into arrears, the Seller shall have a right for a collection of the claims.
4. The Seller shall provide a warranty upon the request of the Customer in case the market value of the warranty exceeds the demanded warranty by more than 10%. The choice of the provided warranty shall be made by the Seller.
§ 4 Compensation
1. The given purchase price is binding. The price includes the corresponding valued added tax (VAT). Additional shippment costs which incur in case of the order are stated in the sections Shipping costs and Shipping restrictions on the website of the Seller. All handling and packing costs are included in the shipping costs.
2. The Customer is obliged to pay the total amount of the current order within 14 days after the receipt per e-mail of the letter of acceptance of an order (confirmation of an order) or of the corresponding invoice. If the above mentioned period has expired and the payment has not been received by the Seller, the customer shall be considered to be in arrears with her/ his payment. The private consumer shall be charged for the payment delay in the amount of 5 percentage points above the base rate for the whole delay period. The company/ legal entity shall be fined for the arrears with the payment amounting to 9 percentage points above the base rate for the whole delay period. Additionally, in case of the payment delay, the company shall be charged with the flat rate in the amount of 40 EUR. This paragraph shall be also applied to late payments in case of advance payments as well as special installment payments. In case of legal entities, the Seller reserves the right to increase the rates of the fees for the arrears with payments. The flat rate mentioned in the fifth sentence shall be charged together with the due amount, if the damages for the payment delay have been accordingly proved.
3. The Customer is entitled to a compensation only if his counter claims have been duly proved, recognized or have not been disputed by the Seller. The Customer's right to compensation related to the contract and other claims arisen during the initiation or execution of the contract shall remain unchanged. The Customer is entitled to exercise his or her right of retention only if his or her counterclaim relates to the same contract.
§ 5 Payment methods
1. The Customer has the following payment options: prepayment/bank transfer, direct debit, Sofortüberweisung, credit card, PayPal, cash on delivery and bill. In case of orders from abroad the Seller offers the following payment methods: prepayment/bank transfer, Sofortüberweisung, credit card and PayPal.
2. If credit card is chosen as the payment method, after the order placement the total amount of an order is only reserved on the credit card of the Customer. After the shippmet of the goods the total amount of the invoice will be charged from the credit card of the Customer.
3. If PayPal is chosen as the payment method, the Customer needs to register on the website www.paypal.de. In this case the terms of paypal.de shall be applied.
4. If cash on delivery is chosen as the payment method, the Customer shall pay after the goods have been delivered by the corresponding forwarder.
5. Information about additional costs related to a particular payment method can be found in the section Customer Service, subsection Payment methods on the website of the Seller.
§ 6 Shipment
1. The Seller ships the goods only to the countries listed in the sections Shipping restrictions/Shipping costs.
2. Approximate delivery periods within Germany are indicated on the corresponding pages with the offered products. The beginning of a delivery period (depending on the payment method) is determined by the subparagraphs 3-5.
3. When such payment methods as prepayment/bank transfer, Sofortüberweisung, credit card or PayPal are chosen, the delivery period shall start on the next day after the corresponding payment has been received on the Seller's account. In case of other payment methods, the delivery period starts on the next date after the order placement.
4. Information about approximate delivery periods for the shipments outside Germany can be found in the section Customer Service, subsections Shipping restrictions/Shipping costs on the website of the Seller.
5. If the staring or ending day of the delivery period falls on Saturday, Sunday or on an official holiday, the starting or ending day will be shifted to the next working day.
6. Some reservations concerning the supply of the goods by the suppliers and the manufacturers of the Seller are stated in the Paragraph 2, subparagraph 4 of the present General terms and conditions.
7. The Seller is entitled to carry out partial deliveries, if this partial delivery corresponds to the interests of the Seller and has been demanded by the Customer. This does not have any influence on the contract, and in particular on the by the seller owed service or on the agreed performance time. Additional costs due to partial delivery will not be charged to the Customer.
§ 7 Passing of risk
1. The risk of accidental damage or accidental deterioration of the purchased goods shall pass to the Customer at the moment of the handover of the goods to the Customer.
2. The risk of accidental damage or accidental deterioration of the purchased goods shall pass to the Enterpreneur at the moment of the handover of the goods to the forwarding agent, carrier or to any other person or company responsible for the shipment of the goods to the Enterpreneur.
3. The procedure of passing of risk remains the same even if the Customer is in arrears.
§ 8 Warranty
1. The Customer is entitled to a statutory warranty right, which is modified in the §§ 8,9 of the present General terms and conditions.
2. The ordered products within the reasonable limits can slightly differ from the pictures of these products presented on the website of the Seller. This reservation is stated in the § 2 subparagraph 1 of the present General terms and conditions.
3. The Customer shall have a choice whether the defect will be rectified or a delivery in replacement shall be carried out. The Seller is entitled to refuse the chosen type of an elimination of a defect in case this type of the elimination of a defect causes disproportional costs and the other type of the elimination does not present a considerable disadvantage to the Customer. The Enterpreneur has a right to claim for a warranty in case of a faulty product. This claim is settled at the discretion of the Seller either by rectification or by replacement.
4. In case the elimination of a defect has failed, the Customer is able, at his own discretion, to demand to reduce the purchase price or to terminate the contract or to claim for a compensation for damages. The Customer shall not have a right to withdraw from a contract in case of insignificant defects (in view of the common interests of the Parties). Instead of a compensation for damages, the Customer has a right to claim for a reimbursement of the futile expenses under the terms of the § 284 of the Civil Code of Germany, which the Customer has faced and in all fairness was entitled to face while waiting for the delivery of the products or upon the receipt of the products. In case the Customer chooses the compensation for damages, the limitations of liabilities according to the § 9 of the present General terms and conditions come into force.
5. The Enterpreneur must inform the Seller about considerable defects of the delivered goods within two weeks after the receipt of the goods; otherwise, the enforcement of warranty claims will be waived. To meet the deadline it is sufficient to send a message and inform the Seller about the case. For merchants the § 377 of the Commercial Code of Germany will be applied.
6. By mutual agreement, if the Customer is the Enterpreneur, the qualities of the products shall be their description provided by the Seller. Publicly available descriptions, recommendations and advertisements issued by the manufacturer do not present any contractually binding qualities of the goods.
7. The warranty period for the Customer shall be two years starting from the shipment date of the goods. For the Enterpreneur the warranty period shall be one year from the shipment date. In case of used goods the warranty period shall be in both cases 1 year from the shipment date. The one-year warranty shall be not applied if the Seller has been accused of gross violations, which led to bodily or personal injuries to the Customer or to the death of the Customer, as well as in cases when the §§478, 479 of the German Civil Code come into force. According to the German Product Liability Act the liabilities of the Seller remain unchanged.
8. In derogation from the Subparagraph 7 the warranty period will be limited in case the Customer has deliberately concealed the damage.
9. The Seller shall provide the Customer with no warranty in legal terms, unless otherwise explicitly agreed. The guarantees given by the manufacturer shall remain therefore unchanged.
§ 9 Limitation of liabilities
1. In case of minor violations of the responsibilities under the present contract liabilities shall be limited to prospective, contractual and direct average damages depending on the type of the goods. This provision shall also be applied to the situations when these minor violations of the duties have been caused by legitimate representatives or authorized agents of the Seller. The Seller shall not be liable for minor violations of insignificant obligations of the contract. However, he is responsible for the negligence of significant contractual legal positions of the Customer. Significant contractual legal positions are the positions which are granted to the Customer according to the content and purpose of the Contract. The Seller shall be also liable for the violation of those obligations the fulfillment of which is necessary for the proper performance of the contract and the compliance of which the Customer can trust.
2. The above mentioned limitations of liabilities shall not be applied to warranty claims of the Customer or to the claims concerning product liability. These limitations shall not be effective in case of malicious intents, violations of significant contractual obligations as well as in case of bodily or personal injuries of the Customer by the Seller as well as in case of the death of the Customer caused by such actions.
3. The Seller shall be responsible only for the information provided on the website of his online shop. If the Customer has been forwarded to other websites, the Seller shall not be liable for the information provided there. The Seller does not misappropriate someone else's information. As soon as the Seller becomes aware of illegal contents on external websites, he will immediately block the access to those websites.
§ 10 Concluding clauses, Dispute settlement
1. The law of the Federal Republic of Germany shall be applied and prevail. For the customers who have concluded the agreement for private and not for business or professional purposes this law shall be effective and applied completely, except for the situations when the country of residence of the Customer possesses some legislative acts which contradict the clauses of the current contract. The regulations of the UN Convention on the International Sale of Goods shall not be applied here. § 6, the 2nd subparagraph, the 7th sentence, Nr. 7 of the law on the use of teleservices shall remain unchanged.
2. If the Customer is an enterpreneur, a legal person under public law or a special fund under public law, the place of jurisdiction for all disputes arising from the present contract shall be the court of competent jurisdiction at the Seller's place of business, unless the other exclusive place of jurisdiction has been specified. The Seller is, however, entitled to sue the Enterpreneur at his (the Enterpreneur's) buiness or registered address. The competence of the court of jurisdiction remains unchanged.
3. We are neither willing nor obliged to be involved in dispute settlement proceedings of a consumer arbitration board.
We are obliged to inform you that the European Commission has developed a special on-line platform to settle possible disputes arising from the on-line trading. Please click on the following link to visit this platform: http://ec.europa.eu/consumers/odr. In this context we are bound to give you our e-mail address which is firstname.lastname@example.org.