Terms and Conditions

 

§ 1 Scope

The business relationship between Könitz Porzellan GmbH Online-Shop (in the following called as: Könitz Shop) and the customer is governed exclusively by the amended version of the following general terms and conditions of business as applicable at the time of the order. Any other conditions of the customer to the contrary, or making supplementary provisions to the contract for them to be valid require written approval of Könitz Shop. Sales takes place exclusively to the end-user. We make deliveries till the inventory lasts.

 

§ 2 Terms of contract

You have to place your order on Könitz Shop for conclusion of the purchase contract. When you place your order on-line, you will receive an Email which will confirm receipt of your order giving details thereof (order receipt confirmation). This order acknowledgement does not really mean we have accepted your offer, but it only means that the order placed by you has been received by us. The purchase (sales) contract comes into force with dispatch of the order confirmation, or shipment of the ordered goods. The products which are not mentioned in the order confirmation are not covered under the purchase contract.

The seller is Könitz Porzellan GmbH.

Please note that we sell all products only in small lots. This covers quantity of the ordered products within the scope of multiple orders for the same products in which the individual orders, each of them consisting of small quantities.

 

§ 3 Minimum order value

There is no required minimum order value per order.

 

§ 4 Instructions for cancellation (revocation)

Right of revocation

You can terminate this agreement within two weeks by giving a written notice (example: letter, fax or e-mail) or by phone. The notice period begins at the earliest with the receipt of these official instructions. For purpose of compliance with the stipulations under the right of revocation, the timely despatch of the revocation letter or the material is sufficient. The revocation must be sent to

Könitz Porzellan GmbH
Bahnhofstr. 2
07333 Unterwellenborn, OT Könitz
Germany

Tel.: +49 (0) 36732 / 344 - 0
Fax: +49 (0) 36732 / 344 - 77
Email: shop@koenitz-group.com


Consequences of revocation

In the case of valid revocation, the value of considerations received under this agreement by both the parties have to be returned, and likewise the losses incurred (example interest) have to be passed on. In case you cannot return back to us the consideration either fully or partially, or could return only in a damaged condition, to that extent, you will have to compensate us for the value. It does not apply for delivery of goods when the damage to the goods, on verification, could be attributable to the occurrence common in a store (shop). In general you can avoid the liability for damage (loss) by not taking the possession of the goods as your property and surrender all value influenced by them. The cost of returning the goods is free for Germany. You must fulfill your obligation of refunding payments within 14 days after despatch of the notice of revocation.

End of instructions for revocation.

 

§ 5 Price, Due date, Payment and Delay

The prices in Könitz Shop are mentioned in Euro which is inclusive of the statutory Value Added Tax (VAT). The VAT percentage and the value are mentioned separately in the invoice. The cost of shipping is included in all deliveries to the extent they can be identified in the ordering process. You can settle the purchase price by way of invoice, cash in advance, cash on delivery (COD), bank collection, credit card or PayPal. The purchase price shall become payable on signing of the agreement. In the event of unauthorized return debits for credit card transactions, Könitz Shop is entitled to recover a maximum of 24,00 EUR towards the Charge-Back-fees from the customer. In case you delay the payment, Könitz Shop is entitled to demand from you 4,5% interest which is over and above the bank rate.

 

§ 6 Shipment

To the extent it is otherwise not agreed, shipment shall be made to the address mentioned by you. Information about the delivery period is not binding to the extent it is otherwise agreed as an exceptional case.

To the extent Könitz Shop is not in a position to deliver the ordered goods without undertaking other liabilities (obligations), it is entitled to withdraw from this offer. In this case you will be informed about this action promptly that the ordered products are not available with it. Your claim arising due to this situation however remains unaffected.

 

§ 7 Retention of title

Till the full payment is settled, the goods shall remain the property of Könitz Shops.

 

§ 8 Data collection, Credit assessment


Data collection

a.) Data collection when the website is accessed
You may visit our website without providing any personal details. Each time you access a website, the webserver will only automatically document a server log file, which contains the name of the requested file, your pseudonymised IP address, date and time of your access, volume of transferred data and the requesting provider (access data) and documents the access. This access data is used solely for the purpose of ensuring a fault-free operation of the site and to improve our offer. When balancing interests, this serves to preserve our overriding justified interests in a correct portrayal of our offer in accordance with Art. 6(1) 1f GDPR. All access data will be 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 that you provide to us when you register and/or decide to purchase our products. Personal data is collected from the completed online screens/order forms with details of name, address including email address, together with details about each order including the payment details. The customer is free to choose whether to enter this data and transfer it. Only such personal data that is absolutely necessary in order to fulfil the contract will be collected. The data collected will only be stored for as long as necessary and permitted within the scope of the contractual agreement and to comply with the applicable legislation.

 

Legal basis for data processing

Significantly, we only process and use your personal data within the limits of contract fulfilment pursuant to Art. 6 GDPR. In addition, we ensure that we only request the minimum personal data required for the business transaction. If personal data is processed in preparation for or based on a contractual relationship, there must be a justified interest to do this. Such a justified interest can be assumed, if the party concerned is a (possible) customer of the party responsible.

 

Security

An established provider supplies for us the services for hosting the online shop and the data collected within this framework as part of processing on our behalf pursuant to Article 28 GDPR. This serves to preserve our overriding justified interests, as part of balancing interests, in a correct portrayal of our offer in accordance with Art. 6(1) 1f GDPR. All data, which is collected during the course of using this website or in the forms provided in the online shop, as described in the following, shall be processed on the provider’s servers, who places the greatest of importance on data protection, and these servers only operate computer centres that document the highest security standards through ISO certification.

 

Your rights

We are happy to inform you in writing if and what data we have stored about you. If you intend to assert your statutory rights to be informed of, rectify, erase or lock your data, please contact our data protection officer:

Könitz Porzellan GmbH
z.Hd. Datenschutzbeauftragter

Bahnhofstr. 2
07333 Unterwellenborn, OT Könitz
Germany

Tel.: +49 (0) 36732 / 344 - 0
Fax: +49 (0) 36732 / 344 - 77
E-Mail: shop@koenitz-group.com


Credit Reports

We retain the right to use this information for obtaining credit reports.

Within the scope of this verification, data is exchanged with the following service provider:

Hoppenstedt Kreditinformationen GmbH
Normannenweg 16-20
20537 Hamburg
Germany

 

§ 9 Set-off, Retention

A right to set-off is available to you only when your counter claim is legally defined, or which is not disputed (challenged) by Könitz Shop. In addition, you will be entitled to exercise the right of retention only to such an extent as your counter claim for the same contractual relationship is influenced.

 

§ 10 Express warranty

If the item purchased is found defective, the statutory guidelines for the same shall be applicable.
Assignment of these claims is not permissible.

To the extent it is not otherwise mentioned in the following, any further claims of the customers ? irrespective of any other legal reasons are excluded (not permissible). Könitz Shop will not be liable for damages which have not been caused to the items under the shipment; it does not especially assume liability for the lost profits, or for such assets of the customers. To the extent the contractual liability of Könitz Shops is excluded or restricted, it is applicable for the personal liability of the employees, representatives and vicarious agents.

The afore-mentioned liability limitation shall not be applicable when the cause of such damage is either deliberate or it is due to gross negligence, or resulting in damage to persons. It will also be not applicable when the customer resorts to the statutorily regulated claims.

To the extent Könitz Shop violates a contractual obligation due to negligence, the replacement obligation for such damage to the items shall be limited to the extent of damage that typically occurs to the goods.

If the subsequent fulfillment of obligation towards replacement of goods takes place, You will be liable to send back the item which was delivered earlier to Könitz Shop at their (Könitz) cost within 30 days. Returning back of the defective goods shall take place as per statutory guidelines. Könitz Shop reserves the right to enforce replacement of the defective goods in accordance with the statutory guidelines.

The statute of limitation (warranty period) is 24 months beginning with the date of delivery.

 

§ 11 Remedial (protective) rights

By virtue of receiving our goods or establishment of a legal relationships with our company, the customer will not be eligible for any patent protected work, trademarks, designs or other commercial patents of Könitz Porzellan GmbH or for use or acquisition, and also cannot use the names, Logos, Trademarks, designs or copyright protected work of any material or documents, especially the art work integrated or otherwise that belong to Könitz Porzellan GmbH without our prior written permission.

 

§ 12 Applicable law

The law prevailing in the Federal Republic of Germany shall be exclusively applicable excluding the UN-Purchase right (CISG).

 

§ 13 Identity of the seller

The seller is

Könitz Porzellan GmbH
Bahnhofstr. 2
07333 Unterwellenborn, OT Könitz
Germany

Managing Director of the Company is Mr. Turpin Rosenthal.

The company has its office in Könitz and is registered in the
District Court of Jena under Trade register number: 20 16 61

VAT Number: DE150526315

Tel.: +49 (0) 36732 / 344 - 0
Fax: +49 (0) 36732 / 344 - 77
Email: shop@koenitz-group.com