General terms and conditions
Terms of sale and delivery
Porzellanmanufaktur Reichenbach GmbH
Status: 04/2016
1. legal area
1.1 The following terms and conditions of sale and delivery of Porzellanmanufaktur Reichenbach GmbH (hereinafter referred to as "PMR") apply to all purchases of goods of PMR by consumers (§ 13 BGB) or entrepreneurs (§ 14 BGB), which are made directly from our factory "ex works" or in our sales offices.
1.2 Insofar as the Terms and Conditions contain provisions vis-à-vis an Entrepreneur, these provisions shall not apply vis-à-vis a Consumer.
1.3 A consumer within the meaning of these Terms and Conditions is any natural person who concludes a legal transaction for purposes that cannot be attributed to either his commercial or his independent professional activity. An entrepreneur, on the other hand, is any natural or legal person or partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.
1.4 General terms and conditions of contract that contradict or supplement these terms and conditions of sale and delivery shall not be included in contracts with PMR unless expressly agreed in writing by individual contract.
1.5 Subsequent amendments and additions to these terms and conditions by PMR are permissible if this is necessary for technical or economic reasons or changes in the law after careful exercise of discretion. The amended terms and conditions of sale and delivery shall become part of the contract if the customer does not object to the amended terms and conditions within 30 days of becoming aware of them.
2. contract conclusion and modalities
2.1 The written or verbal order of goods from PMR represents an offer to conclude a purchase contract. The purchase contract is concluded with the sending/handing over of the written order confirmation, the delivery of the goods or the sending of the invoice. This depends on which step occurs first in the specific case.
2.2 In the order confirmation we expressly refer to the terms and conditions of sale and delivery of PMR, which are available at https://www.porzellanmanufaktur.net/download/AGB042016.pdf are available for viewing.
2.3 If the requested goods are undecorated goods (white goods), they may not be decorated and sold without the prior consent of PMR.
3. delivery
3.1 The delivery of the goods is "ex works". The choice of shipping method and carrier is at the discretion of PMR, unless otherwise expressly agreed.
3.2 Delivery dates and deadlines must be expressly confirmed by PMR in writing and shall then be deemed to have been agreed approximately. The delivery date shall be deemed to have been met if the goods have left PMR's warehouse by the time the delivery date expires.
3.3 In the event of force majeure, strikes, shortages of raw materials or operational disruptions, delivery times shall be extended accordingly. In these cases, if they occur at PMR or its suppliers, PMR is entitled to withdraw from the contract. At the customer's request, PMR must declare whether it will exercise this right or deliver within a reasonable period to be determined. The customer is also entitled to withdraw from the contract in the aforementioned cases after he has set a grace period of at least four weeks and this has passed fruitlessly.
3.4 The customer is only entitled to claims for damages due to exceeding the aforementioned grace period if the exceeding of this period is due to an intentional or grossly negligent breach of duty by PMR or its vicarious agents.
4. passing of risk
4.1 If the customer is an entrepreneur, the risk of accidental loss or accidental deterioration of the goods shall pass to the customer upon handover to the customer or, in the case of shipment, upon delivery of the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment.
4.2 If the customer is a consumer, the risk of accidental loss or accidental deterioration of the goods shall not pass to the customer until the goods are handed over to the customer, even in the case of a sale by dispatch.
4.3 Handover shall be deemed to have occurred if the Purchaser is in default of acceptance or refuses acceptance.
5. payment and prices
5.1 The prices are for consumers in EURO including the statutory value added tax. For entrepreneurs, the prices are in EURO without the statutory sales tax; in addition, from an order value of less than 100 EUR/net 10 EUR shortage surcharge will be charged. Basis for calculation are the prices valid on the day of order confirmation/invoicing/delivery, whichever comes first.For purchase contracts with foreign customers, a minimum order value of 300 EUR net applies.
5.2 Payment shall be made in accordance with the statutory provisions of § 286 III BGB within 30 days after receipt of the invoice.
5.3 If payment is made within 10 days of the date of the invoice, we shall grant a 2% discount to entrepreneurs, and a 3% discount in the case of payment in advance or immediate payment. This point shall not apply to deliveries to foreign customers; here the goods shall only be delivered against payment in advance.
5.4 If payment is not made in full within 30 days, the customer shall be in default of payment, unless partial payments have been agreed for a period exceeding this. The default interest is based on the statutory provisions of § 288 BGB.This point is not applicable to purchase contracts with foreign customers, since here only against prepayment the goods are shipped.
5.5 In the event of default in payment, PMR may claim further damages for default in accordance with the statutory provisions. PMR is then also not obliged to any further delivery.
5.6 The delivered goods remain the property of PMR until full payment of the purchase price. If the customer is an entrepreneur, PMR retains ownership until payment of all liabilities from the current business relationship.
5.7 Samples sent to the customer shall also remain the property of PMR as loaned goods until a decision to purchase or contract negotiations, which are to be made/conducted within two months, unless otherwise agreed. The samples are to be returned to PMR at the latest after expiry of the aforementioned period or after expiry of the period agreed with PMR in writing at the risk of the borrower in packaging suitable for transport or to be handed over personally.
6. warranty and liability
6.1 The statutory warranty rights shall apply to consumers.
6.2 The following warranty rules apply to entrepreneurs:
6.2.1 Warranty claims of the contractor against PMR presuppose that the contractor has properly fulfilled his obligations to inspect and give notice of defects in accordance with § 377 of the German Commercial Code (HGB).
6.2.2 Warranty claims shall become time-barred one year after delivery or handover of the goods. For claims for damages due to intent and gross negligence as well as injury to life, body or health, which are based on an intentional or negligent breach of duty by PMR or its vicarious agents, the statutory limitation period shall apply.
6.2.3 If, despite all due care, the delivered goods have a defect that was irrefutably and demonstrably already present at the time of the transfer of risk, PMR may, at its discretion, either repair or replace the goods if the complaint is made in good time and without delay within the meaning of § 377 of the German Commercial Code (HGB). For the subsequent performance, a reasonable period of time is to be granted, oriented to the production conditions and stock levels of PMR.
6.2.4 The liability for slightly negligent breaches of duty of PMR is excluded, unless this concerns essential contractual obligations, damages from injury to life, body or health or claims under the Product Liability Act are affected. The same applies to vicarious agents of PMR.
7 Applicable law and place of jurisdiction
7.1 The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
7.2 The exclusive place of jurisdiction for all disputes with entrepreneurs is Gera.