General Terms and Conditions of Sale
Porzellanfabrik Walküre GmbH & Co. KG
Gravenreutherstrasse 5, 95444 Bayreuth, Germany
Incorporated at the Commercial Register Bayreuth, registration number HRA 4256
Represented by the managing directors Siegmund Meyer, Dr. Wolfgang Meyer
Tax number 208/172/13104
1. Scope of Application
The following General Terms and Conditions apply to all current and prospective business relations between Erste Bayreuther Porzellanfabrik Walküre Siegmund Paul Meyer GmbH (hereinafter named as: the Seller) and consumers (hereinafter named as: the Buyer), concluded via the online shop of www.walkuere.de
The following General Terms and Conditions therefore apply to all business relations between the Seller and its consumers. According to this stipulations consumers are natural persons with whom a contractual relationship may be concluded without any commercial self-reliant or free-lance professional activity being attributed to them. For all out of Walküre online shop products on offer, sales quotations, orders and deliveries - the following version of the General Terms and Conditions shall apply. By placing an order, the Buyer accepts those General Terms and Conditions.
2. Conclusion of Contract
Those on our web site on demand held ready merchandise and prices constitute no offer in the legal sense of §§ 145 BGB. The Buyer places his order by clicking the button "shopping cart" (icon). By entry of all required ordering data and selected form of payment, the Buyer places a binding offer via pressing the "order" button. As a last step, the Buyer shall be shown a list of all chosen items containing quantity, description, item number, unit price and total amount. No need arises to provide the Buyer with an explicit declaration of acceptance of the offer. The Seller is entitled to accept this offer within seven days. After placing his offer, the Buyer immediately shall receive an automatic generated E-mail in which receipt of the offer is acknowledged. This E-mail shall not be deemed as an acceptance of the offer, but to inform upon the order - as well as about potential contract formation underlying particular indoctrinations. A contract of purchase comes into existence, once the ordered product has been dispatched to the Buyer and the shipment additionally confirmed by E-mail, or if the Seller sends an E-mail of acceptance.
Quotes prices are VAT included plus any shipping costs that may arise. Errors arising due to labelling via programming error or data transmission default are not binding us. Delivery costs per shipment are separately shown. Payment takes place as stated in the order, either via credit card or payment in advance.
4. Delivery/Delivery Deadline
The Seller will dispatch the ordered merchandise immediately to the address as stated on the order. Delivery free to kerbside.
Statements about approximately delivery terms are without commitment, unless confirmed in writing at a given case.
5. Cancellation Policy
Buyer shall be entitled to revoke his/her contractual statement within one month, without stating any reasons, in writing (e.g. letter, e-mail, fax) or in case of surrender of goods before end of period, by returning the goods.
Period shall commence after receipt of this instruction in text form, but not before receipt of the goods (in case of repeated deliveries of the same type of goods, not before receipt of the first partial delivery).
To meet the period timely, dispatch of revocation or return of goods shall be sufficient.
Revocation shall be sent to:
Porzellanfabrik Walküre GmbH & Co. KG
Fax: 0049 (0) 921 78930-880
In case of an effective revocation goods or payments received by the respective parties, shall be returned and, as the case may be capitalised uses (e.g. interest) refunded. Should the Buyer be unable to return goods in their entirety or in partial or return them in deteriorated condition, he shall, where applicable, compensate Seller for the loss in value. In case of surrendering of goods this shall not apply if deterioration is exclusively traced back to their inspection- as would have been possible in a shop. No compensation becomes necessary if deterioration is caused by intended use. Mailable packages shall be returned at cost and risk of the Seller. Costs for return consignment are at the Buyer`s expense, if delivered merchandise is the same as ordered and the cost for the matter does not exceed 40,00 €, or if Buyer has - at a higher price of the matter at the time of revocation- either not rendered consideration nor paid a contractually agreed partial payment. Otherwise return consignment is free of charge. Obligations for reimbursing payments must be fulfilled within 30 days. Period shall commence for Buyer by dispatch of revocation or goods, for Seller upon its receipt.
The right of revocation does not apply to goods, which are customized or uniquely designed to personal needs or based on their consistency, perishability and expiration date unsuitable to return.
If contractual item refers to services, your right for revocation expires prior to maturity if service delivery commenced upon your explicit consent before end of cancellation period, or if compelled by yourself.
The seller is endeavoured to provide an exact and detailed product description. However, minor changes between product image and delivered product are possible. Especially due to changes in production there might be alterations in features and appearance of the products. This shall not be deemed as a defect of the goods, as long as it is reasonable for the Buyer.
If the goods are deficient, Buyer shall be entitled warranty as stipulated by statutory regulations. Warranty period amounts to 24 month upon receipt of goods.
Retention of Title:
Delivered goods remain the property of the Seller until absolute payment. In case of compulsory enforcement measures, Buyer shall notify Seller immediately against presentation of necessary documents for intervention.
Limitation of Liability:
Seller assumes no liability resulting from minor negligence, unless violation refers to essential contractual obligations. The limitation of liability shall not apply to other cases like: death, bodily injury, danger to health or claims according to product liability law.
The same applies to violation of duty caused by our vicarious agents.
By violation of fundamental contractual obligations Seller´s liability shall be restricted to damages in case of ordinary negligence, which are foreseeable and typically conjoint with the transaction of the contract.
All necessary data relating to business purposes, complaints, tracking and tracing, are stored at our premises. This indoctrination takes place with respect to § 33 section 1 Federal Data Protection Act. Buyers personal data is treated as confidential and under no circumstances passed on to third parties for advertising purposes. By placing an order, Buyer gives his/her consent to Seller for personal data storage which is necessary to process the order. Buyer shall be entitled to view his/her data and, where applicable, require amendments or deletion.
This contract is subject to German law to the exclusion of UN-International Sale of Goods. Should all or part of these General Terms and Conditions become void or are not a component of the contract, this shall not effect the validity of all other provisions or agreements thereof.
To the extent that those provisions are not a component of the contract or void, the subject matter of the contract shall comply with legal regulations. Contract only becomes inoperative, if modifications would place undue hardship for one contracting party, subject to legal regulations.