Terms & Conditions

Terms of Sale and Delivery

of Staatliche Porzellan Manufaktur Nymphenburg A. Baeuml GmbH & Co. KG

  1. All our offers, deliveries, contractual services and sales contracts are exclusively subject to the conditions of sale and delivery mentioned below.
  2. All statements published in brochures, newspaper ads and other advertising media give only an idea of the finished product. We shall be bound to all offers specifically made to an individual customer for a period of 6 weeks beginning with the date of this offer.
  3. To be effective, orders must be confirmed by us or our authorized representative in writing, by fax or electronic mail.

  4. Prices

    1. Delivery inside the EEA
      All €-prices quoted are ex-factory and include value added tax. Unless otherwise agreed, the published €-price lists at the date of the respective sale apply. Charges for packaging, insurance, shipping and duties are carried by the customer. If an order cannot be executed within a 12-month period after having been confirmed, we are entitled to quote the valid €-price lists. Prior to delivery we will inform the customer of an eventual change in price. If prices have increased more than 5 %, the customer is entitled to withdraw from the sales contract within a period of 2 weeks after having been informed.
    2. Delivery outside the EEA (except USA)
      All €-prices quoted are ex-factory and include value added tax. Unless otherwise agreed, the published €-price lists at the date of the respective sale apply. Charges for packaging, insurance, shipping, duties and handling fee (complicated export) are carried by the customer. If an order cannot be executed within a 12-month period after having been confirmed, we are entitled to quote the valid €-price lists. Prior to delivery we will inform the customer of an eventual change in price. If prices have increased more than 5 %, the customer is entitled to withdraw from the sales contract within a period of 2 weeks after having been informed.
    3. Delivery in the USA
      All US$-prices include packaging, insurance, shipping and duties. Unless otherwise agreed, the published US$-price lists at the date of the respective sale apply. If an order cannot be executed within a 12-month period after having been confirmed, we are entitled to quote the valid US$-price lists. Prior to delivery we will inform the customer of an eventual change in price. If prices have increased more than 5 %, the customer is entitled to withdraw from the sales contract within a period of 2 weeks after having been informed.
  5. Upon conclusion of the sales contract an advance payment amounting to 30 % of the value of the order is due; if, according to our anticipation, delivery of a product will be delayed by more than 6 months, the advance payment is reduced to 20 %. Receipt of the advance payment is a condition for the execution of the order. We are entitled to withdraw from the sales contract if we have not received the advance payment within 4 weeks after the conclusion of the sales contract. Payments by customers to PMN must be made immediately after invoicing without deduction unless otherwise agreed.
  6. Our products are manufactured by hand using traditional techniques. Therefore, delivery times cannot be guaranteed. If we have mentioned a fixed date for delivering a single item we shall immediately inform the customer if we anticipate that a delay of more than 4 weeks is to be expected. In this case the customer is entitled to fix a final date for delivery at least 4 weeks after the originally fixed date of delivery. He has to inform us hereof in writing, by fax or electronic mail. After this final date of delivery has expired, the customer is entitled to reject the delayed delivery.

  7. Transport

    1. Delivery inside the EEA
      The customer bears the risk of transportation. PMN insures all shipments against breakage unless the customer explicitly declines. Charges for this insurance presently amount to 1.5 % of the retail net price. The customer must assert his own claim against the insurance company. We therefore recommend that the customer immediately inspects the goods delivered and reports all damages immediately to the insurance company or us. Damaged goods must be kept and if necessary sent to PMN.
    2. Delivery outside the EEA (except USA)
      The customer bears the risk of transportation. PMN insures all shipments against breakage unless the customer explicitly declines. Charges for this insurance presently amount to 3 % of the retail net price. The customer must assert his own claim against the insurance company. We therefore recommend that the customer immediately inspects the goods delivered and reports all damages immediately to the insurance company or us. Damaged goods must be kept and if necessary sent to PMN.
    3. Delivery to the USA
      PMN bears the risk of transportation. The customer must assert his own claim against the insurance company. We therefore recommend that the customer immediately inspects the goods delivered and reports all damages immediately to the insurance company or us. Damaged goods must be kept and if necessary sent to PMN.
  8. Each one of our products is manufactured individually. Minor differences and variations from samples, patterns or reproductions in brochures and advertising media give evidence of the artist’s creativity and are intended. PMN cannot guarantee a certain property or durability of the product.
  9. The products delivered to a customer remain our property (‘reserved property’) unless all our claims against the customer existing at conclusion of the sales contract are fulfilled no matter on which legal grounds they are based. The customer is not entitled to dispose of the reserved property, to pledge or to use it as security. Should he nevertheless dispose of the reserved property, he hereby, to the full extent, assigns to us all claims arising therefrom. In case of imminent attachment or seizure of the reserved property, the customer must point to the fact that the reserved product is our property and must immediately inform us of such attempt or any other threat to our rights. He is liable to us for the costs of enforcing our title to the property. Upon the customer’s request, we shall release the reserved property if the value of our securities exceeds the claims to be secured by more than 20 %.
  10. Copyright in many of our products lies with us or with the artist who created the product. In this case it is not allowed to process, alter or disfigure the product or to reproduce it for other than private or other individual purposes unless the owner of the copyright has given his prior consent. Some of our products are protected by utility model or design patent rights. Please contact us for more information on these rights.
  11. The customer can set up a counterclaim or enforce a lien against us only if the counterclaim has become res judicata or is uncontested.
  12. Place of performance and jurisdiction is Munich, Germany. German law applies, with the exception of the provisions of International Private Law and the provisions of the United Nations Convention on Contracts for the International Sale of Goods (UN Purchasing Convention).

Status of the terms: September 2008