Conditions

All of our offers, deliveries, services and purchase contracts are exclusively subject to the following terms and conditions of sale and delivery.

2. All information in brochures, advertisements, online stores and other advertising materials only give a approximate idea of the finished product. Individual offers submitted to clients are valid for a period of six weeks from the date of generation.

3. To accept an order, an official confirmation is required and issued by us or an authorized representative. It is transmitted in writing, via fax or in digital form. All orders placed via the online store require our acceptance. We are free not to accept the order without any liability.

4th prices and shipment

4.1. Delivery within the EU countries:
All € prices are ex-factory and include the legally applicable VAT. The costs for shipping, insurance and customs are carried by the customer. For orders, a flat rate is charged for the shipping. Orders through the online store shipping within Germany are shipped cost free and are insured by the manufacturer. Express shipping will be charged as incurred. Unless otherwise agreed, the € price list published by us applies at the time at which the purchase contract is concluded. If an order can only be produced after more than 12 months have elapsed since acceptance, we are entitled to use the list prices valid at that time. We will inform the customer of the price changes before delivery. If this results in a price increase of more than 5% for an order, the customer is entitled to withdraw from the purchase contract within 2 weeks of receipt of the notification.

4.2. Delivery outside the EU countries (except USA):
All € prices are ex-factory and include the legally applicable VAT. The costs of transport, insurance, customs and any processing fees for complex export clearance are carried by the customer. Unless otherwise agreed, the valid € price list applies at the time at which the purchase contract is finalized. If an order can only be produced after more than 12 months have elapsed since acceptance, we are entitled to use the list prices valid at that time. We will inform the customer of the price changes before delivery. If this results in a price increase of more than 5% for an order, the customer is entitled to withdraw from the purchase contract within 2 weeks of receipt of the notification.

4.3. Delivery to the USA:
All US $ prices include packaging, duties and taxes. Insurance and transport are at the expense of the customer. Unless otherwise agreed, the valid US $ price list applies at the time at which the purchase contract is concluded. If an order can only be produced after more than 12 months have elapsed since acceptance, we are entitled to use the list prices valid at that time. We will inform the customer of the price changes before delivery. If this results in a price increase of more than 5% for an order, the customer is entitled to withdraw from the purchase contract within 2 weeks of receipt of the notification.

5. When concluding the contract, we ask for a deposit of 50% of the order value. The receipt of the deposit is mandatory to initiate the execution of the order. The receipt of the deposit is mandatory to initiate the execution of the order. We are entitled to withdraw from the purchase contract if we have not received the deposit within 4 weeks of the conclusion of the contract. All payments are to be made immediately after invoicing without deduction. For orders in the online store, payment of the entire amount applies at the time of placement of the order using the payment options offered.

6th Our products are made exclusively by hand using traditional methods. Therefor delivery times cannot be binding. If we relay a ship date for an order, we will inform the customer immediately as soon as it becomes apparent that a delay of more than 6 weeks will occur. If we relay a ship date for an order, we will inform the customer immediately as soon as it becomes apparent that a delay of more than 6 weeks will occur. The customer is then entitled to set a grace period of at least 6 weeks after the originally specified delivery date in writing, by fax or in electronic form, after which he can reject the delayed delivery.

7th transport

7.1. Delivery within the EU countries:
The customer bears the risk of transport. We offer shipping insurance against damage and/or loss at a fee, unless the customer expressly rejects this service. This fee is currently 1.5% of the gross retail price for deliveries within EU countries. Orders in the online store delivered within Germany are insured by the manufacturer. The customer is obliged to examine the goods immediately upon delivery and to immediately report any damage. All fragments must be kept until the claim has been settled and, if necessary, sent back to us.

7.2. Delivery outside the EU countries (except USA):
The customer bears the risk of transport. We offer shipping insurance against damage and/or loss at a fee, unless the customer expressly rejects this service. This fee is currently 3% of the gross retail price for deliveries outside of the EU countries (except USA). The customer is obliged to examine the goods immediately upon delivery and to immediately report any damage. All fragments must be kept until the claim has been settled and, if necessary, sent back to us.

7.3. Delivery to the USA:
The Porzellan Manufaktur Nymphenburg bears the risk of transport. The customer is obliged to examine the goods immediately upon delivery and to immediately report any damage. All fragments must be kept until the claim has been settled and, if necessary, sent back to us.

8th. Each of our products is made by hand as a unique piece. Minor differences and deviations from samples or reproductions in brochures and advertising materials are expressions of individual artistic design and are intended. We cannot give a guarantee, in particular for a certain nature or durability of the goods.

9. Right of return when purchasing in the online store:
The recipient may return the goods received without statement with regards to the reason for return within two weeks or receipt. The period begins after receipt of the return instruction in text form (e.g. as a letter, fax, email), but not before the goods are received by the recipient. To meet the deadline, it is sufficient to send the goods or the return request to:

Porzellan Manufaktur Nymphenburg, Menzinger Straße 7-9, D-80638 Munich

The return is at our risk and expense.

Return consequences: In the event of an effective return, the mutually received services are to be returned and any benefits (e.g. benefits of use) surrendered. In case of deterioration of the goods, compensation can be demanded. This does not apply if the deterioration of the goods is solely due to their inspection - as it would have been possible for you in a shop, for example. In addition, you can avoid the obligation to pay compensation for a deterioration caused by the intended use of the goods by not using the goods as if you were your own property and by refraining from anything that could impair their value. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you with the dispatch of the goods or the return request, for us with their receipt.

Exclusion of revocation: The right of return does not apply to goods that are manufactured according to the customer's specifications (e.g. with a personal monogram) or if you are an entrepreneur and are engaged in your commercial or self-employed activity.

10. The goods delivered to him remain our property (goods subject to retention of title) until all claims to which we are entitled against a customer for any legal reason have been met. The buyer is not entitled to dispose of the reserved goods, to pledge them or to assign them as security. If he nevertheless decides to dispose of the goods subject to retention of title, he hereby assigns to us all claims arising therefrom in full for security reasons. The buyer is obliged to point out our property in the event of seizure attempts and to inform us immediately about seizures or any other endangerment of our rights. He is liable to us for the costs of enforcing our retention of title. At the customer's request, we will release reserved goods insofar as the value of our securities exceeds the claims to be secured by more than 20%.

11. We or the artist who created them hold the copyright to many of our products. In this case, it is not permitted to edit, redesign, distort or reproduce the product for purposes other than private or other personal purposes without the consent of the copyright owner. In individual cases, utility model and design rights must be observed. We can provide more detailed information on request at any time.

12th The customer can only offset counterclaims or exercise a right of retention against us if the counterclaim has been legally established or is undisputed.

13. Location of execution and court is Munich. German law applies, with the exception of the provisions on international private law and the provisions of the United Nations Convention on Contracts for the International Sale of Goods (UN Sales Law).

Valid as of: March 2021

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