General Terms and Conditions - Direct sales

§ 1 Order

1. The customer orders by telephone, fax, letter, email, or online at www.meissen.com/de; the customer receives a written order confirmation. The customer chooses the delivery method for the order confirmation. The confirmation contains the customer’s order, and documents that MEISSEN® has received the order. Goods are only delivered in quantities normal for a household.

2. The contract only comes into being when MEISSEN® gives a declaration of acceptance. MEISSEN® is entitled, but not obligated, to accept the customer’s offer of a contract within 14 days of receipt by MEISSEN®. MEISSEN® declares the acceptance by order confirmation sent either by fax, by letter, or by email.

§ 2 Data protection

1. It is necessary to collect, store, and use personal data to process orders. MEISSEN® only collects personal data insofar as these are disclosed for the purposes of ordering goods, to open a customer account, in the course of customer dialogue, or on registration for the MEISSEN® newsletter, and only to the extent absolutely necessary for the particular use.

2. In order to process the order, MEISSEN® stores the address details and, where applicable, the data necessary for individual payment methods.The data disclosed are only used without separate consent to fulfil and process the order.

3. The customer can at any time, without charge, request information in writing or text format on the personal data stored, or request the correction, blocking, or deletion of these data. The customer can contact MEISSEN® at the following address for this purpose, and for all further questions concerning data protection:

Staatliche Porzellan-Manufaktur Meissen GmbH
Customer service
Talstraße 9, 01662 Meißen

service@meissen.com

4. The customer can prevent the use of his/her personal data for advertising purposes at any time. The objection is to be sent to the above contact address.

§ 3 Delivery times

1. If MEISSEN® cannot comply with the delivery periods specified due to force majeure or other reasons for which it is not responsible, MEISSEN® informs the customer of this immediately. MEISSEN® simultaneously specifies a new delivery period for the customer which is reasonable in the particular circumstances. If the goods are also not available within the new delivery period for reasons for which MEISSEN® is not responsible, MEISSEN® can rescind the contract in whole or in part. MEISSEN® will reimburse the customer immediately for consideration already provided. Insofar as it is not reasonable for the customer to accept the delivery due to the delay, it can rescind the contract in text format (that is, in writing, by fax, or email) by immediate declaration to MEISSEN®.The customer’s additional statutory rights are not affected.

2. Partial deliveries and early deliveries are permissible within the scope of what is reasonable for the customer. Insofar as the customer has ordered multiple items, it can be the case that MEISSEN® sends these in multiple deliveries. MEISSEN® will inform the customer of this before shipment.

3. Delivery and/or shipment to embargo countries and/or to legal and natural persons affected by international sanctions is excluded.

§ 4 Payment, default of payment

Payment can be made by credit card, PayPal, or by AmazonPay. MEISSEN® is entitled to wholly or partially rescind all existing contracts for which the customer has not yet paid the purchase price, despite the due date having passed and a warning letter having been sent.

§ 5 Retention of title

1. The goods delivered remain MEISSEN®’s property until full payment of the purchase price.

2. The customer is obligated to inform MEISSEN® immediately in writing of a seizure of the goods or other intervention of a third party, and to refer the third party to MEISSEN®’s retention of title.

§ 6 Information concerning the exercise of the right of withdrawal

The withdrawal period is fourteen days from the date on which you or a third party other than the carrier and indicated by you acquires, physical possession of the last lot or piece.

The withdrawal period is 14 days from the day on which you or a third party designated by you, other than the carrier, have taken or have taken possession of the last partial consignment or the last item.

To exercise the right of withdrawal, you must inform us:
Staatliche Porzellan-Manufaktur Meissen GmbH 
Customer service
Talstraße 9, 01662 Meißen

in the event of cancellation by email:service@meissen.com

in the event of cancellation by telephone: +49 (0) 3521 468 600 or by fax: +49 (0) 3521 468 6600 (€0.14/min from the German landline network, mobile prices differ)

of your decision to revoke this contract with a clear statement (e.g. with a letter sent by post, fax, or email). You may use the attached cancellation form template for this, but it is not required. If you use this option, we will immediately send you (e.g. by email) a confirmation that we have received such a revocation.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. We will bear the costs of returning the goods. Unless the goods cannot be returned by post due to their condition. You then bear the direct costs of return. We will gladly inform you of the precise amount of return costs in such a case via the telephone number: +49 (0) 3521 468 600 or simply send an email for this reason to: service@meissen.com.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.Exclusion of the right of withdrawal.

Exclusion of the right of withdrawal

There is no right of withdrawal:

• if the goods were manufactured according to an individual choice or customer request, or
• if the goods have been inseparably mixed with other goods due to their nature.
  
  

§ 7 Warranty

1. If the goods delivered by MEISSEN® are defective, including if there is a defect in the quality of the good as agreed to between the customer and MEISSEN®, MEISSEN® will either correct the defect or provide a replacement good that is without defect, or, create a new good for the customer (“Subsequent Performance” (Nacherfüllung)). Deviations in quality, color, size, finishing and design of the good that are due to the material and customary in the industry and/or technically unavoidable and/or insignificant will not constitute a material defect that would entitle the customer to a warranty claim. The same applies if the customer has altered the good(s) or if the defect is attributed to improper use of the good(s).

2. MEISSEN® will have a reasonable period of time and a reasonable opportunity to complete the Subsequent Performance.

3. If MEISSEN® lets a reasonable time of period pass, as allowed under the Subsequent Performance, without remedying the material defect, the customer can request a reduction in the purchase price charged for the defective good(s) or the defective work (a “purchase price reduction”) or the customer can revoke the underlying contract. If the defect was caused by MEISSEN®’s culpably and was not remedied by MEISSEN® during the Subsequent Performance period, the customer may also seek damages or compensation for futile expenses; however, liability for damages or for compensation for futile expenses will be limited in accordance with Section 9 below.

4. MEISSEN® will bear the cost of expenses related to its completion of the Subsequent Performance such as goods’ transportation costs and costs for employee travel, salary and material costs. If MEISSEN® supplies a defect free good to the customer during the Subsequent Performance period, MEISSEN® may require the return of the defective good.

§ 8 Liability

1. Subject to the provision in Paragraph 2 below, MEISSEN®’s liability is limited as follows: If MEISSEN® is in violation of an essential contractual obligation due to its simple negligence, MEISSEN®’s liability will be limited to the damage that is typically foreseeable at the time of the conclusion of the contract. MEISSEN® will not be liable if MEISSEN® is in violation of a non-essential contractual obligation due to simple negligence.

2. The limitation of liability set forth in Paragraph 1 above will not apply in the case of claims under the German Product Liability Act if MEISSEN® willfully concealed the defect; if MEISSEN® gave a written guarantee regarding the quality of the good(s) or the work; or if the claim is for injury or death. In these cases or in cases of other damage arising from the intentional or grossly negligent actions of MEISSEN®, MEISSEN® will be liable in accordance with the applicable statutory provisions under German law.

3. MEISSEN®`s legal representatives and agents will be personally liable only for damage caused by them for injury of body and health or death or for damages due to their gross negligence or willful misconduct. In all other cases, MEISSEN®`s legal representatives and agents will not be personally liable.

4. Defect-based claims under the warranty in Section 7 will be time-barred after two years from the delivery of the respective good(s) to the customer. In the event of damage for death or injury or damage due to grossly negligent or intentional acts and in any case of liability of MEISSEN® under the German Product Liability Act, the statutory limitation period shall apply.

§ 9 Final provisions

1. Contracts between MEISSEN® and the customer are subject to the law of the Federal Republic of Germany, excluding UN sales law.

2. Should individual provisions of these T&Cs be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provision is deemed replaced by the respective applicable statutory provisions. This applies accordingly to fill in any loopholes in these T&Cs.

3. If you have any questions, complaints, or claims, please contact:

E-mail address: service@meissen.com
Phone number: + 49 (0) 3521 468 600
Postal address: 

Staatliche Porzellan-Manufaktur Meissen GmbH
Customer service
Talstraße 9, 01662 Meißen

B2C version: 12 November 2021