Terms & Conditions
1. Who are the Contract Partners?
Your contract will be with Darley-Porzellan, Großbeerenstr. 24, 10963 Berlin, called DP in the following text. The business is owned by Mrs. Brigit Darley.
2. Terms & Conditions
All contracts are signed based on the German jurisdiction according to the AGB. Any changes, if agreed upon, have to be in written form. This translation is a faithful translation of the German AGB.
All offers of DP are subject to change and availability if third parties are involved in supplying components and raw materials. All oral information, information in brochures and leaflets of any type, especially pictures and drawings, descriptions of material, shape, dimensions, statements of quality, usage and other specifications are subject to change without prior notice, if not guaranteed in written form. Slight variations in the product-description are agreed upon. Acceptance of an order is done by providing a written acknowledgment or by shipping of the ordered products.
4. Availability, Delivery time, Delivery in Parts
If DP realizes that the ordered products are not available any more, DP may change the order to a product similar in Price and quality or deny the order and withdraw from the contract. If the customer does not accept the similar product he may return it to DP (p&p paid for by DP). Payments done so far will be returned to the customer’s account after the products have been return to DP’s office.
DP tries to carry our shipment of the order products within a week or to send an acknowledgement of order that will state the proposed date of shipment. In case of impossibility of shipment within two weeks, the customers may cancel the order and withdraw from contract.
If the customer does not accept a shipment within a given time DP may withdraw from the contract or claim compensation from the customer due to not complying with the terms of the contract. Compensation may be 10% of the net value of the goods / products. The customer has the right to state that DP has smaller or no damage.
The delivery dates given in the order confirmation of DP are experience values. If the shipment is overdue liability of DP is limited to the damages caused by contract-violations by DP referring to other terms of the contract. Therefore DP’s liability is limited, based on the availabity and correct shipment of raw materials and other products of DP’s suppliers. Compensation-claims can only be filed by the customer if DP has severely violated the terms of contract.
If shipment is overdue due to catastrophes, strikes in the own or others businesses, wars, late shipments caused by governmental action or any other reason beyond the control of DP, DP has the right to ship the ordered goods or products at a later point of time. Never-the-less both parties may withdraw from the contract if late-shipments will be later than 3 months beyond the original date of delivery. No further claims are acceptable. DP may decide to deliver the order in sequences.
Because the risk of transport is, according to the German laws, carried by the buyer, DP will insure every shipment. If nothing else is agreed upon, DP will cover the insurance. Visible damages of the shipment have to be filed in written form with the forwarding agent and have to be reported to DP within 5 days of receiving the shipment (foreign countries: 24 hours by e-mail, phone or fax after receiving the goods because postal services in other countries may have shorter deadlines for damage reports). DP may decide to deliver the order in sequences.
5. Prices and Terms of Payment
If DP should make a mistakes in pricing ort he description of the goods, DP reserves the right to correct the errors. In such cases DP will inform the customer instantly and state the new information and price(s). The customer may acknowledge the order or withdraw from the contract.
All prices are – if not otherwise stated – including the value added tax, applicable for Germany. At the moment it is 19% (Sept. 2007). Payment is due at delivery of the goods or products. Advance payment only. Frequent customers may pay within 14 days after receiving the goods (open invoice or direct debit) or products if positive credit history is received. No reductions what so ever. DP reserves the right to rule out certain methods of payment.
If for technical or logistic reason shipments have to be carried out in steps, the shipping fees apply only once. If shipments are carried out in steps according to §4, the customer has the right to pay only the delivered goods or products.
For shipments outside of Germany, shipping fees will be calculated according to weight of the shipment and the country of delivery. In such cases the customer will receive an offer including the possible methods of payment which has to be acknowledged by the customerThis acknowledgment will be taken as the acceptance of the contract.
6. Property Information
The bought goods and products will stay the property of DP until the customer has fully paid for all the goods and products of that particular order. If the customer is a legal business the delivered goods or products will stay property of DP until the customer has fully paid for all the goods and products of the pending business transaction.
The business-partner has no right to pawn the goods or products, take them as credit security or redesign them. The received goods and products may only be sold by the customer in legal sales actions. In case of reselling the goods or products, payments the customer received will be taken as credit-security
for open invoices of DP and payments towards DP.
The customer will instantly inform DP in written form if a third party will have gotten hold of the goods or products, as well as inform the third party of the rights of DP on the goods or products.
If the customer is delayed in payments with one or more instalments or the whole sum, if he stops payments or has filed bankruptcy the customer has no property-rights referring to the delivered goods or products. In such cases DP has the right to withdraw from the contract and to withdraw the customer’s right to resell the goods or products. DP has the right to obtain information from the customer about the delivered goods or products and to claim the payments.
Until full payment the customer has to make sure that the delivered goods or products are insured against loss and damage due to fire, water, theft and burglary. DP has the right to check the insurance policies. Claims from those insurances are transferred to DP. DP accepts transfer of claims with the option of retransferal after receiving full or overdue payments.
7. Compensation The customer can only compensate claim which have been legally accepted and are not denied by DP. Holding back payments are only possible for pending contracts.
8. Open payments
If payments of the customer are overdue the remaining amount will be subject to interest of 5% above the basic interest-rate stated in § 1 of the Diskontsatz-Überleitungs-Gesetzes of June 9th, 1998 (BGB). I S. 1242). The customer has the right to state that DP has smaller or no damage. Fees may apply.
9. Warranty (1)
In case of flaws or damages of the goods or if the properties stated by DP are not met, DP has the right for alterations and repairs of the relevant goods or products or to ship replacements. If a second attempt to repair or improvement within decent time fails, the customer has the right to reduce the price of the goods or products or to withdraw from the contract.
Obvious defects have to be reported instantly in written form, latest two weeks after receiving the shipment by DP. Other defects that could not have been examined by be customer within this period of time, have to be reported instantly in written form, latest six months after receiving the shipment by DP.
The legal requirements applicable to legal businesses (§§ 377, 378 HGB) still apply. The customer has to allow DP to inspect the goods or products filed for warranty, either at the customer’s site or at DP, depending on DP’s decision. If the customer denies inspection, DP will be freed of any warranty action.
Warranty does not include repair of faults and flaws caused by mishandling and damages from outside, not obeying DP’s instructions for the use and maintenance of the goods or products, materials or devices have been used that do not comply to the specifications stated by DP or if unauthorized third parties have altered the delivered goods or products. The same applies to damages caused by connecting the goods or products with devices that have not been declared compatible by DP. If parts have been replaced by DP, the replaced parts or components become property of DP.
10. Waranty (2)
The legal warranty period starts with the purchase of the goods or products and refers to the legal obligations if not otherwise stated. In case of warranty claims within the legal period the customer may request alteration or repair. It repair attempts fail twice or if acceptance repair attempts can not be expected from the customer he may withdraw from the contract or request a reduction of the price for the goods or products.
DP may only be held liable for damages to the customer’s property or goods if the damage is caused by the DP’s goods or products and by DP’s grossly negligent behaviour.
In cases of DP’s simple negligent behaviour DP can only be held liable for damages if DP made cardinal mistakes as a business-person. Liability is limited to the foreseeable damages. Any other claims are excluded.
Product descriptions and prices are carefully made. No liability can accepted for printing errors. Technical specifications are subject to changes. No guarantee can be given for availability of goods or products.
If liability is limited it will allows refer to parties involved that are connected with DP. Imminent legal warranty regulations apply regardless the information given before.
11. Denial of Contract
The customer may withdraw from the contract within 2 weeks, regardless of the reason. The cancellation of the contract has to be in written form, on a permanent data-medium or by returning the received goods. To comply with the period of time, the date of sending the denial applies. After receiving the withdrawal from Contract DP has to refund any payments made so far. Exceptions apply for damaged or opened products and products without the original packages. Postage fees for goods or products up to a net-value of 40,-- Euros are on the expense of the customer. For return shipments with a value that exceeds 40,-- Euros, DP will cover the costs.
If the return products / goods show signs of wear or usage we reserve the right to claim compensation. Opened and products without the original packages are excluded from returns.
For the usage of the products / goods up to the date of return shipment the customer has to compensate for the loss in value not accounting for the standard and typical use of the products / goods. No further claim can be filed.
12. Return of goods or products
DP allows customers to return the ordered products in the original packages within 2 weeks, if the products do not come up to the customer’s expectation. To arrange return shipment the customer only needs to state his wish by email, phone or mail.
Exceptions apply for damaged or opened products and products without the original packages. Postage fees for goods or products up to a net-value of 40,-- Euros are on the expense of the customer. For return shipments with a value that exceeds 40,-- Euros, DP will cover the costs.
Personal data of the customer will only be stored and used in compliance with the Data-Protection and Security Laws of the Federal Republic of Germany (Bundesdatenschutzgesetzes (BDSG)) as well as the Telecommunication-Security Laws (Teledatenschutzgesetzes (TDDSG)). Data will not be passed on to third parties, what so ever.
14. Final Information
In case one or more paragraphs of these terms of contract do not apply, not the whole contract will be void. The not-applying paragraph will be replaced by the legal standard term or law.
This contract is based on the laws of the Federal Republic of Germany and does not include the UN terms of contract.
Point of sale is Berlin or any other location chosen by DP, if the customer is a business-person under fiscal considerations.
Berlin, 1th of march 2012