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GENERAL TERMS AND CONDITIONS WITH CUSTOMER INFORMATION 1. scope of application
2. Conclusion of contract
3. Prices and terms of payment
4. Delivery and shipping conditions
5. Right of withdrawal
6. Retention of title
7. Liability for defects
8. Liability
9. Indemnification in the event of infringement of third-party rights
10. Applicable law
11. Place of jurisdiction
12. Information on online dispute resolution 1. scope of application
1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of “Porzellanmanufaktur Reichenbach GmbH” (hereinafter referred to as “Seller”) apply to all contracts that a consumer or entrepreneur (hereinafter referred to as “Customer”) concludes with the Seller for the goods offered by the Seller in his online store. The inclusion of the Customer’s own terms and conditions is contradicted unless otherwise agreed.
1.2 A consumer is any natural person who concludes a legal transaction for a purpose that cannot be attributed primarily to their commercial or independent professional activity.
1.3 An entrepreneur is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.

2 Conclusion of contract
2.1 The presentation of the goods, particularly in the online store, does not constitute a binding offer by the seller.
2.2 First, the customer places the selected goods in the shopping cart. In the next step, the order process begins, in which all necessary data for order processing is recorded.
At the end of the order process, a summary of the order and contract data appears. Only after confirming this order and contract data by clicking on the button concluding the order process does the customer submit a binding offer to purchase the goods contained in the shopping cart. The customer can also submit this offer to the seller by fax, email, post or telephone.
2.3 The seller accepts the customer’s offer by the following possible alternatives: – Sending a written order confirmation or an order confirmation in text form (fax or email)
or
– Request for payment to the customer after placing the order
or
– Delivery of the ordered goods

The time of acceptance is determined by the first alternative that has occurred. The period for accepting the offer begins on the day after the customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer’s offer within the aforementioned period, this shall constitute a rejection of the offer. The customer is then no longer bound by his declaration of intent.
2.4 If the payment method “PayPal” or “Paypal Express” is selected, payment will be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “Paypal”). The PayPal user agreement applies here, which can be accessed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or for customers without their own PayPal account: https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
If the customer selects the payment method “PayPal” or “PayPal Express” for the payment of his purchase or if the customer pays via one of the PayPal payment methods, he submits his offer by clicking on the button that concludes the order process. If the customer simultaneously places the payment order with PayPal by clicking this button, the seller declares acceptance of the customer’s offer at the time the payment order is placed, in deviation from the above provisions. 2.5 The text of the contract concluded between the seller and the customer is stored by the seller. The text of the contract is stored on the seller’s internal systems. The customer can view the General Terms and Conditions at any time on this page. The order data, the cancellation policy and the General Terms and Conditions are sent to the customer by email. After completion of the order, the text of the contract is accessible to the customer free of charge via his customer login, provided he has opened a customer account. 2.6 All entries made are displayed before clicking on the order button and can be viewed by the customer before sending the order and corrected by pressing the back button of the browser or the usual mouse and keyboard functions.

In addition, if available, the customer has buttons for corrections, which are labeled accordingly. 2.7 The contract language is German.
2.8 It is the customer’s responsibility to provide a correct email address for contacting and processing the order and to set the filter functions so that emails relating to this order can be delivered. 3. prices and terms of payment
3.1 Unless otherwise agreed, the prices displayed are final prices including statutory VAT. If additional shipping costs are incurred, this can be found in the product description. 3.2 If the delivery is made to a non-EU country, additional customs duties, taxes or fees may have to be paid by the customer to the customs or tax authorities responsible there or to credit institutions. The customer is advised to enquire about the details with the respective institutions or authorities before placing the order. 3.3 The customer can select the payment methods available in the online store. 3.4 In the case of payment via “PayPal”, payment is processed via PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg. PayPal’s terms of use apply to this. These can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. 3.5 PayPal Checkout If you pay via PayPal Checkout, payment will be processed via PayPal’s payment service provider PayPal (Europe) S.à r.l.et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), whereby PayPal may also use the services of third party payment providers, which you can select if offered. If payment methods are also offered on this website for which the seller makes advance payments (such as purchase on account or payment by installments), the seller declares the assignment of his payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically selected by the customer. PayPal or the selected third-party provider shall first carry out a credit check before accepting the seller’s assignment offer. The selected payment method may be refused if the credit check returns a negative result. After approval of the selected payment method, payment is only possible to PayPal or the respective commissioned payment service provider with debt-discharging effect. 4. delivery and shipping conditions
4.1 Goods shall be delivered by shipping to the delivery address specified by the customer. Notwithstanding this, in the case of payment via PayPal, the delivery address provided by the customer to PayPal at the time of payment shall be decisive.
4.2 If the seller incurs additional costs due to the provision of an incorrect delivery address or an incorrect addressee or other circumstances that lead to the impossibility of delivery, these shall be reimbursed by the customer, unless he is not responsible for the incorrect information or impossibility. The same applies in the event that the customer was temporarily prevented from accepting the service, unless the seller has given the customer reasonable advance notice of the service. Excluded from this provision are the costs of return shipment if the customer has effectively exercised his right of withdrawal. In this case, the statutory provision or the provision made by the seller shall apply.

4.3 If self-collection has been agreed, the customer will be informed by the seller that the goods ordered by him are ready for collection. After receiving this e-mail, the customer can collect the goods from the seller’s registered office or an agreed location by arrangement with the seller. In this case, there are no shipping costs. 5. right of withdrawal
5.1 If the customer is a consumer, he is generally entitled to a right of withdrawal.
5.2 The seller’s cancellation policy applies to the right of withdrawal.
5.3 Consumers who do not belong to a member state of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract have no right of withdrawal. 6. retention of title
If the seller makes advance payment, the goods remain the property of the seller until the purchase price has been paid in full. 7. liability for defects
7.1 With regard to the warranty, the provisions of the statutory liability for defects shall apply, unless otherwise agreed.
7.2 The customer is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. Failure to do so shall have no effect on the customer’s statutory or contractual claims for defects. 8. liability
The Seller’s liability for all contractual, quasi-contractual, statutory and tortious claims for damages and reimbursement of expenses shall be determined as follows:
8.1 The Seller shall only be liable without limitation for damages resulting from intentional or grossly negligent conduct.
In the event of injury to life, limb and health and the breach of material contractual obligations (cardinal obligations), the Seller shall also be liable in the event of slight negligence. A material contractual obligation is one whose fulfillment is essential for the proper execution of the contract and on whose compliance the contractual partner regularly relies and may rely. As regulated above, the seller shall also be liable on the basis of a guarantee promise, unless otherwise regulated in this respect. This also applies to indirect consequential damages such as, in particular, loss of profit and for mandatory liability such as under the Product Liability Act.
8.2 Liability is limited – except in the case of intentional or grossly negligent conduct or damages resulting from injury to life, body and health and the breach of essential contractual obligations (cardinal obligations) – to the damages typically foreseeable at the time of conclusion of the contract and otherwise to the amount of average damages typical for the contract. This also applies to indirect consequential damages such as, in particular, loss of profit.
8.3 Any further liability of the Seller is excluded.
8.4 The above liability provisions also apply mutatis mutandis in favor of the Seller’s employees and vicarious agents. 9. indemnification in the event of infringement of third-party rights
If the seller owes the customer not only the delivery of goods but also the processing of the goods in accordance with certain specifications of the customer, the customer must ensure that the contents provided to the seller by him for this purpose do not infringe the rights of third parties.

The contracting parties agree that the customer shall indemnify the seller against third-party claims in this context, unless the customer is not responsible for the infringement. The indemnification shall also include the assumption of the reasonable costs of the necessary legal defense, including all court and attorney’s fees, in the statutory amount. The customer is obliged to provide the seller immediately, completely and truthfully with all information necessary for the examination of the claims and a defense in the event of a claim by third parties. 10. applicable law
10.1 The law of the Federal Republic of Germany shall apply to the exclusion of the laws on the international purchase of movable goods.
The statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions, in particular of the state in which the customer as a consumer has his habitual residence, remain unaffected.
10.2 This choice of law does not apply with regard to the statutory right of withdrawal for consumers if they do not belong to a member state of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract. 11. place of jurisdiction
If the customer is a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the seller’s place of business.
If the customer is domiciled outside the territory of the Federal Republic of Germany, the seller’s place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if this contract or claims arising from this contract can be attributed to the customer’s professional or commercial activity.
Nevertheless, in the aforementioned cases, the seller is also entitled to appeal to the court at the customer’s place of business. 12. information on online dispute resolution
The platform for online dispute resolution of the EU Commission is available on the Internet at the following link: https://ec.europa.eu/odr
We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.