General Terms and Conditions for Private Customers of Könitz Porzellan GmbH Online Shop
For business customers, please refer to our General Terms and Conditions at www.koenitz.com/en/terms-business-customer
§ 1 Scope of Application
The business relationship between Könitz Porzellan GmbH Online-Shop (hereinafter referred to as: Könitz Porzellan Shop) and the customer is exclusively governed by the following General Terms and Conditions in the version valid at the time of the order. Any deviating terms and conditions of the Customer as well as any deviating or supplementary agreements require written confirmation by Könitz Porzellan Shop in order to be effective. Sales are made exclusively to private end consumers. We deliver while stocks last.
§ 2 Conclusion of Contract
Your order constitutes an offer to Könitz Porzellan Shop to conclude a purchase contract. If you place an order in the online procedure, you will receive an email confirming the receipt of your order by us and listing its details (confirmation of receipt). This order confirmation is not an acceptance of your offer, but is only intended to inform you that we have received your order. A contract of sale is not concluded until the order confirmation has been sent or the ordered product has been dispatched to you. No purchase contract is concluded for products from one and the same order which are not listed in the order confirmation.
The seller is Könitz Porzellan GmbH.
Please note that we sell all products only in household quantities. This refers both to the number of products ordered within the scope of one order and to the placing of several orders of the same product, where the individual orders comprise a quantity customary in the household.
§ 3 Minimum order value
There is no minimum order value per order.
§ 4 Cancellation policy (revocation)
Right of revocation
You have the right to cancel this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods. In order to exercise your right of revocation, you must send us
Könitz Porzellan GmbH
Bahnhofstr. 2
07333 Unterwellenborn, OT Könitz
Germany
Phone: +49 (0) 36732 / 344 0
Fax: +49 (0) 36732 / 344 77
Email: shop@koenitz-group.com
by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to revoke this contract. You can use the attached model cancellation form (Cancellation-Policy_Koenitz_Shop). , which is not mandatory. In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of cancellation
If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. 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.
§ 5 Price, Due Date, Payment and Delay
The prices in the Könitz Porcelain Shop are stated in euros including the legally applicable value added tax. The VAT rate and proportion will be shown separately in the invoice. All deliveries are exclusive of shipping costs, insofar as these are shown in the order process. You can pay the purchase price via invoice, cash in advance, cash on delivery, direct debit, credit card or PayPal. The purchase price is due for payment upon conclusion of the purchase contract. In case of unauthorized chargeback of the credit card transaction, Könitz Porzellan Shop is entitled to charge the customer with the charge-back fee in the amount of EUR 24,00. If you are in default of payment, Könitz Porzellan Shop is entitled to charge interest on arrears in the amount of 4.5 percentage points above the base rate.
§ 6 Delivery Period and Delay in Delivery
The delivery period is agreed individually or stated by us upon acceptance of the order.
If we are unable to meet binding delivery deadlines for reasons for which we are not responsible (non-availability of the service), we shall inform the Buyer of this without delay and at the same time notify the Buyer of the expected new delivery deadline. If the service is also not available within the new delivery period, we shall be entitled to withdraw from the contract in whole or in part; we shall immediately refund any consideration already paid by the buyer. A case of non-availability of the performance in this sense shall be deemed to be, in particular, the failure of our supplier to deliver on time if we have concluded a congruent hedging transaction, neither we nor our supplier are at fault or we are not obliged to procure in the individual case.
The occurrence of our delay in delivery shall be determined in accordance with the statutory provisions. In any case, however, a reminder by the buyer is required.
The rights of the buyer with regard to damages, rescission and termination as well as our statutory rights, in particular in the event of an exclusion of the obligation to perform (e.g. due to impossibility or unreasonableness of performance and/or subsequent performance), shall remain unaffected.
§ 7 Retention of title
The goods remain the property of Könitz Porzellan Shop until full payment has been made.
§ 8 Data Protection, Credit Assessment
Data Collection
a.) Data collection when accessing the website
You can visit our websites without providing any personal information. Every time you call up a website, the web server only automatically saves a so-called server log file, which contains, for example, the name of the requested file, your pseudonymised IP address, the date and time of the call-up, the amount of data transferred and the requesting provider (access data) and documents the call-up. This access data is evaluated solely for the purpose of ensuring trouble-free operation of the site and improving our services. This serves to protect our legitimate interests in the correct presentation of our offer, which outweigh our interests in the context of a balancing of interests in accordance with Article 6 para. 1 p. 1 lit. f DSGVO. All access data is deleted at the latest seven days after the end of your visit to the site.
b) Contract data
We collect, process and store the data you provide when you register with us and/or decide to purchase our products. Personal data is collected via the completed registration masks/order forms with details of name, address including e-mail address as well as details of the respective order including payment details. The entry of this data and the transmission is left to the free decision of the customer. Only those personal data are collected that are absolutely necessary for the fulfilment of the contract. The collected data will only be stored for as long as is necessary and permissible within the framework of the contractual agreement and in compliance with the applicable law.
Legal basis for data processing
We process and use your personal data decisively only within the framework of the fulfilment of the contract in accordance with Article 6 DSGVO. In addition, we ensure that we only request the minimum amount of personal data necessary for the business relationship. If personal data is processed in the course of initiating or following a contractual relationship, there must be a legitimate interest in doing so. Such a legitimate interest can be assumed if the data subject is a (potential) customer of the data controller.
Security
As part of processing on our behalf pursuant to Article 28 DSGVO, an established provider provides us with the services for hosting the online shop and the data collected in this context. This serves to protect our legitimate interests in the correct presentation of our offer, which outweigh our interests in the context of a balancing of interests pursuant to Article 6 (1) f) DSGVO. All data collected in the course of using this website or in forms provided for this purpose in the online shop as described below are processed on the servers of this provider, who attaches the highest importance to data protection and operates these servers exclusively in data centres that document the highest security standards through ISO certification.
Your rights
Upon request, we will be happy to inform you in writing whether and which data we have stored about you. If you wish to assert your legal rights to information, correction, deletion or blocking of your data, please contact the company data protection officer at
Könitz Porzellan GmbH
Attn: Data Protection Officer
Bahnhofstr. 2
07333 Unterwellenborn, OT Könitz
Germany
Phone: +49 (0) 36732 / 344 0
Fax: +49 (0) 36732 / 344 77
E-mail: shop@koenitz-group.com
Credit assessment
We reserve the right to carry out a credit check.
Within the scope of this check, data is exchanged with the following service providers:
Creditreform Bamberg-Coburg-Gera Titze KG
Gagarinstr. 24
07545 Gera
Germany
§ 9 Offsetting, retention
You are entitled to set-off only if your counterclaims have been legally established or are undisputed by Könitz Porzellan Shop. Furthermore, you are entitled to exercise a right of retention only to the extent that your counterclaim is based on the same contractual relationship.
§ 10 Liability for Defects
If there is a defect in the purchased item, the statutory provisions shall apply.
The assignment of these claims is excluded.
Unless otherwise stated below, any further claims of the customer, irrespective of the legal grounds, are excluded. Therefore, Könitz Porcelain Shop is not liable for damages that have not occurred to the delivered item itself; in particular, Könitz Porcelain Shop is not liable for loss of profit or other financial losses of the customer. To the extent that the contractual liability of Könitz Porzellan Shop is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.
The foregoing limitation of liability shall not apply if the cause of damage is based on intent or gross negligence or if personal injury is involved. Furthermore, it does not apply if the customer asserts claims regulated by law.
If Könitz Porzellan Shop negligently breaches a material contractual obligation, the obligation to pay compensation for material damage is limited to the typically occurring damage.
If the supplementary performance is carried out by way of replacement delivery, you are obliged to return the goods first delivered to Könitz Porzellan Shop within 30 days at the expense of Könitz Porzellan Shop. The return of the defective goods shall be made in accordance with the statutory provisions. Könitz Porzellan Shop reserves the right to claim damages under the conditions regulated by law.
The period of limitation is 24 months, calculated from the date of delivery.
Our products comply with the generally valid limit values in Germany according to REACH and lead cadmium. We periodically check products for compliance with the above-mentioned values.
§ 11 Remedial (protective) rights
By purchasing our goods or by establishing any other legal relationship with our company, the Buyer shall not obtain any right to the copyrighted works, trademarks, designs or other industrial property rights, nor any right to use or refer to them, nor shall the names, logos, trademarks, designs or copyrighted works of Könitz Porzellan GmbH be integrated or otherwise used in any materials and documents, in particular those of an advertising nature, without our prior written consent.
The purchaser guarantees that no industrial property rights of third parties are infringed in connection with the manufacture of products on his behalf. If claims are asserted against us by a third party due to an infringement of property rights, the buyer shall be obliged to indemnify us against such claims upon first written request; the obligation to indemnify shall relate to all expenses necessarily incurred by us as a result of or in connection with the claim asserted by a third party. We shall be entitled to sell production-related defective goods within the framework of the utilisation of residual stock. The free use of any trademark rights or other industrial property rights shall be expressly permitted to us by the buyer.
§ 12 Applicable law
The law of the Federal Republic of Germany shall apply exclusively to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
§ 13 Identity of the entrepreneur
The seller is
Könitz Porzellan GmbH
Bahnhofstr. 2
07333 Unterwellenborn, OT Könitz
Germany
The managing director of the company is Mr. Turpin Rosenthal.
The company has its registered office in Könitz and is registered with the
Jena Local Court under the commercial register number: 20 16 61
Sales tax identification number: DE150526315
Phone: +49 (0) 36732 / 344 0
Fax: +49 (0) 36732 / 344 77
Email: shop@koenitz-group.com
