GTC - General Terms and Conditions
§ 1 Area of application
(1) The present terms and conditions (GTC), apply to the contracts concluded between the customers and the company Falkenporzellan GmbH through this online store.
D-95671 Bärnau Bavaria - Germany
Phone: +49 (0) 9635 / 91 33 55
Fax. +49 (0) 9635 / 91 33 60
Sales tax identification number according to § 27 a Umsatzsteuergesetz:
Managing Director/ CEO: Jürgen Zwerenz, Roland Konrad
HRB 2361, Local Court Weiden/Oberpfalz.
§ 2 Conclusion of contract
(1) The presentation of our products in the online store of Falkenporzellan GmbH does not constitute a legally binding offer to conclude purchase contracts, but a non-binding invitation.
(2) If the customer presses the button "Order with obligation to pay" in the last step of the ordering process, the customer submits a binding offer to purchase the goods and/or services listed in the order overview. Immediately after sending the order, the customer receives an order confirmation. This contains the information that the order has been received by Falkenporzellan GmbH (confirmation of receipt). In case of credit card payment (Visa- or Mastercard) the purchase contract is concluded by sending the ordered goods. If Falkenporzellan GmbH hands over the finished goods to a selected logistics service provider, the customer will immediately receive a confirmation of dispatch, which at the same time represents the acceptance of the customer's contractual offer.
(3) Only payments by credit card are accepted. In the case of the payment method "credit card", the conclusion of the contract is done by clicking the "Order subject to payment" button.
(4) Should individual products not be available at a certain point in time of the order, Falkenporzellan GmbH reserves the right to reject the Customer's order.
(5) The Customer can select goods and/or services for purchase in the online store of Falkenporzellan by placing them in the shopping cart by clicking on the corresponding button. If the Customer wants to complete the order, he goes to the shopping cart, where he is guided through the further ordering process. After the article selection in the shopping cart and the indication of all necessary order and address data the substantial article data including resulting costs are represented again in summary. Up to this point, the customer can correct his own entries or refrain from declaring the contract. A binding offer within the meaning of paragraph 2 shall only be made by subsequently pressing the "Order subject to payment" button.
(6) Between the online store of the company Falkenporzellan GmbH and the offers at retailers, which carry goods of the company Falkenporzellan GmbH, there can be differences in assortment and prices.
(7) The minimum order value is 250 Euro (without shipping costs).
(8) Individual orders on request are possible. After receipt, the order will be checked by Falkenporzellan and either accepted or rejected. In case of an acceptance of an individual order, which does not reach the minimum order value (as described in point 7), a processing surcharge of 25 Euro (incl. VAT) will be charged and the customer will receive a proforma. In case of rejection of an individual order, the customer will be notified by e-mail.
(9) For the conclusion of the contract the German and English language is available.
(10) The contract text consisting of the concrete order data of the customer and these GTCs will be saved by Falkenporzellan and sent to the customer together with the order confirmation. The GTCs are available in the online store at any time. An overview of orders placed is available to registered customers after logging into the "Account" area.
§ 3 Correction notice
(1) During the ordering process, the customer first places the desired goods or services in the shopping cart. There he can change the desired number of products or the number of pieces or remove selected goods or services completely at any time. If the customer has placed goods or services of Falkenporzellan GmbH in the shopping cart, a click on the "Proceed to Checkout" button will take the customer to a page where the customer can enter his personal data and then select the shipping and payment method. Under the "Account" navigation, the buyer can check and, if necessary, change the billing and shipping address, shipping method and payment method. If the buyer wants to cancel the ordering process completely, he can also simply close his browser window. Before clicking on the "Order with obligation to pay" button, the buyer must agree by checking a box that he has read and accepted these terms and conditions and has also been informed about the right of withdrawal. After clicking the confirmation button "Order with obligation to pay" the declaration of the buyer becomes binding in the sense of § 2 para. 2 of these GTC.
§ 4 Information on the quality and nature of the products of Falkenporzellan GmbH and prices and terms of payment
(1) When placing an order, the customer must consider the technical specifications according to the state of the art, legal and technical regulations as well as individual legal agreements, if applicable.
(2) Information in the online store of Falkenporzellan GmbH and its catalogs such as sales documents and price lists are documented accurately. Presentations, illustrations, drawings, decors and color designs etc. are approximate but best possible due to several factors such as incidence of light, visualization on the end device of the user, compressed file sizes etc.. Decors and porcelain samples are considered average. We reserve the right to make graphic and technical changes to the goods compared to the information in the online store and catalogs of Falkenporzellan GmbH. We also reserve the right to make reasonable changes in shape, color, size and/or weight.
(3) We reserve all property rights, copyrights and other rights to illustrations, drawings, advertising and other imprints, calculations, and other documents. This shall apply in particular, but not only, to such written documents which are designated as "confidential". Such documents may only be disclosed to third parties with our prior express written consent.
(4) Delivery is based on the prices stated in the Falkenporzellan GmbH Online Shop. These prices are basically non-binding guide prices.
(5) We reserve the right to increase prices for contracts with an agreed delivery time of more than six weeks in accordance with cost increases that have occurred due to supplier contracts, collective agreements, or material price increases. If the increase amounts to more than 5% of the agreed purchase price, the customer shall have the right to withdraw from the contract in accordance with Section 313 (3) of the German Civil Code. A claim for damages by the customer is excluded in this case.
(6) All prices stated in the online store of Falkenporzellan GmbH are end consumer prices and include the legal value added tax. It will be shown separately in the invoice in the legal amount on the day of invoicing. An error in the naming remains reserved. For shipments within Germany, the EU and worldwide, the German VAT rate will be applied.
(7) Unless otherwise stated in the order confirmation, our prices shall apply "ex works" (Bärnau), including statutory VAT and packaging. Packaging is included in the price; if necessary, optional gift packaging will be invoiced separately. Value added tax shall be shown separately on the invoice at the statutory rate applicable on the date of invoicing.
(8) All price offers and quotations outside the order confirmation are non-binding and can be changed by us at any time.
(9) If, because of exchange rate fluctuations, our purchase price for the ordered goods increases by more than 3% compared to the purchase price applicable on the date of the order confirmation, we shall be entitled to adjust the price accordingly.
(10) If payment is made by credit card, the buyer's account shall be debited with the invoice amount on the due date (immediately). For all further contractual matters, in particular for the exercise of the statutory right of withdrawal or of defect rights, the contact indicated in the online store of the company Falkenporzellan GmbH remains directly the responsible contact person for the purchaser.
(11) By placing an order, the Customer confirms his solvency and creditworthiness. Payments by the Customer shall be made, as mentioned, exclusively by credit card (Visa-/Mastercard), unless the company Falkenporzellan has expressly agreed upon another payment modality with the Customer in writing.
(12) Payments are considered to be made only on the day on which we can dispose of the invoice amount.
(13) In the case of foreign payments, bank charges will be passed on unless otherwise agreed with Falkenporzellan GmbH.
§ 5 Delivery, obligation to deliver, shipping and transfer of risk
(1) The goods will only be produced after the payment has been received, the customer data has been checked and released. The delivery period begins on the day on which the customer receives the order confirmation.
(2) Falkenporzellan GmbH reserves the right to make partial deliveries for justified reasons.
(3) Within the scope of the shipment, the orders of the buyer will be declared to the corresponding customs administration for assessment. Any customs duties and customs clearance costs incurred shall be borne by the Buyer. Details can be found on the websites of the relevant customs administration.
(4) In addition, Falkenporzellan GmbH charges a flat shipping fee per order, which the buyer can view via the link "Order & Shipping" presented in the online store. These shipping costs are shown separately in the shopping cart of the Buyer.
(5) The ordered goods of the Buyer will be prepared for shipment only if they comply with the special quality regulations set by Falkenporzellan GmbH: No iron stains, no ceramic defects, no breakage, no glaze streaks, no glaze color deviations, no impurities/irregularities or dents in the surfaces, no significant color differences in the decoration and no significant defects and differences in the precious metal decoration.
(6) Since the entire finishing of the ordered porcelain is carried out without machines, i.e., exclusively by hand, it may occur that e.g., structure lines of the brush for the finishing, visible cut edges in the color printing and minimal distortion of the decoration or similar are to be verified, as well as possible minimal register deviations in the printed image may occur.
(7) As soon as the ordered goods of the Purchaser leave the production facility of Falkenporzellan GmbH (Bärnau) packed and accordingly handed over to the logistics service provider, the transfer of risk from Falkenporzellan to the selected logistics service provider is completed. Until the acceptance of the goods at the agreed delivery address of the purchaser, only the logistics service provider is liable. The company Falkenporzellan GmbH is not liable for damages such as breakage etc., which occur during delivery.
(8) If the customer is a consumer in the sense of § 13 BGB (German Civil Code), the risk of accidental loss and accidental deterioration of the sold item is only transferred to the customer with the handover of the item, even in the case of a mail order purchase. The handover is equal if the buyer is in default of acceptance. Delivery shall be made to the delivery address specified by the customer.
(9) Specified delivery periods shall be adhered to as far as possible. Binding delivery dates and deadlines must be expressly agreed in writing. Slight overruns are permissible. After expiration of the delivery period, the Customer is entitled to set an appropriate grace period, in which the interests of the Customer and the interests of Falkenporzellan GmbH are to be taken into account. In the case of non-binding or approximate delivery dates ("approximately", "about", "as far as possible", etc.), we will make every effort to comply with them. A delivery period will be extended - even within a delay - if obstacles occur after conclusion of the contract for which Falkenporzellan GmbH is not responsible. These are for example operational disturbances, strikes, lockouts, lockdowns, disturbances of traffic routes, technical difficulties, which lie in the nature of the order and make its execution for the company Falkenporzellan GmbH or for the suppliers impossible or unreasonable, fire damage, missing raw material, power shortage. This also applies if these circumstances occur at our suppliers.
We will inform the customer immediately of the beginning and end of such obstacles. The customer can demand from the company Falkenporzellan GmbH the appropriate explanation whether it wants to withdraw or deliver within an appropriate period. If this does not declare immediately, the customer can withdraw in this separate case. Claims for damages are excluded in these cases.
(10) If the customer is in default of acceptance or if he violates other obligations to cooperate, Falkenporzellan GmbH is entitled to demand compensation for the damage incurred including any additional expenses (e.g., storage costs). Further claims remain reserved.
(11) The risk of accidental loss or accidental deterioration of the ordered goods shall pass to the customer at the time he is in default of acceptance or debtor's delay.
(12) If the Customer is a consumer, the risk of accidental loss or accidental deterioration of the sold item shall pass to the Customer upon handover of the item.
(13) If the Customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods shall pass to the Buyer upon handover, in the case of sale by delivery to a place other than the place of performance, upon delivery of the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment. The handover shall be deemed to have taken place if the Customer is in default of acceptance.
(14) The production time may vary depending on the utilization of production and may be up to 12 weeks.
§ 6 Legal right of withdrawal
(1) The customer confirms in the last step of the ordering process (before he orders with obligation to pay) that he has read and taken note of the terms and conditions. These include that the buyer does not make use of his right of withdrawal, because the goods are made by the company Falkenporzellan GmbH especially for the buyer.
(2) By clicking the button "Order with obligation to pay" the contract of sale is concluded as described in §2 of these General Terms and Conditions. This purchase contract excludes the right of withdrawal, because a right of withdrawal does not exist for the types of contracts listed in §312g Abs.2 BGB such as "goods that are made to consumer specifications or clearly tailored to personal needs." This characteristic is fulfilled by the company Falkenporzellan because the goods are specially made as mentioned and are not prefabricated. Furthermore, in the online store of the company Falkenporzellan GmbH an individual choice or decision is given to the consumer.
(3) By clicking the button "Order with obligation to pay" the purchase contract is concluded as in §2 of these General Terms and Conditions. This purchase contract excludes the right of revocation, because a right of revocation does not exist for the types of contracts listed in §312g Abs.2 BGB like "Goods and services whose price depend on fluctuations in the financial market." With the processing of financial market-dependent precious metal when refining the porcelain, a fluctuation is not predictable and assessable. Thus, a right of withdrawal of the buyer is not given.
§ 7 Warranty
(1) As far as the goods bought and delivered in the online store of the company Falkenporzellan GmbH are defective and do not correspond to the characteristics as under § 4 of these General Terms and Conditions, the buyer is entitled within the scope of the legal regulations, namely to supplementary performance by rectification of defects, to withdraw from the contract or to reduce the purchase price.
(2) Entrepreneurs must notify Falkenporzellan in writing of obvious defects immediately after becoming aware of the defect; otherwise, the assertion of the warranty claim is excluded. Hidden defects must be reported to Falkenporzellan immediately after their discovery. Timely dispatch is sufficient to meet the deadline. The entrepreneur bears the burden of proof for all claim prerequisites, in particular for the defect itself, for the time of detection of the defect and the timeliness of the notice of defect.
(3) If the Purchaser is an entrepreneur, Falkenporzellan shall initially provide warranty for defects of the goods at its own discretion by repair or replacement delivery. If an entrepreneur chooses to withdraw from the contract due to a legal or material defect after a failed supplementary performance, he is not entitled to any additional claim for damages due to the defect.
(4) However, Falkenporzellan GmbH is entitled to refuse the type of supplementary performance chosen by the customer if this can only be carried out with disproportionate costs and if the other type of supplementary performance would not result in significant disadvantages for the customer.
§ 8 Retention of Title
(1) The goods remain the property of Falkenporzellan until full payment has been made.
§ 9 Limitation of Liability
(1) The company Falkenporzellan is liable without limitation according to the legal regulations for damages to life, body and health caused by intentional or negligent breach of duty.
(2) The company Falkenporzellan GmbH is liable for material and property damages, as far as the company Falkenporzellan GmbH has caused them intentionally or negligently.
§ 10 Place of Performance, Jurisdiction, Applicable Law
(1) Place of performance for all obligations arising from this contract is Bärnau.
(2) The exclusive place of jurisdiction for all present and future claims arising from a business relationship with merchants, including claims arising from bills of exchange and checks, shall be Weiden in der Oberpfalz.
(3) The legal relations between the parties are subject to German law. This shall also apply if the contractual partner has his domicile, his permanent residence, or his branch office abroad.
(4) In the event that the Purchaser is a consumer, this shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
§ 11 Data protection
(1) We would like to point out that we store and process the customer's data - insofar as necessary for business and permissible within the framework of the Federal Data Protection Act and the General Data Protection Regulation (DS-GVO).
(2) This data will not be passed on to third parties.
(3) The company Falkenporzellan GmbH collects and stores personal data such as address, e-mail, telephone number, account information, etc., only to the extent necessary for the transaction. All personal data will be treated confidentially by the company Falkenporzellan GmbH.
§ 12 Severability clause
Should individual provisions of a contract with the customer, including these General Terms and Conditions, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The wholly or partially invalid provision shall be replaced by a provision whose economic success comes as close as possible to that of the invalid provision.