§ 1 General – Scope 

(1) All deliveries, services and offerings by Höchster Porzellan-Manufaktur GmbH (hereinafter “HPM”) take place exclusively on the basis of the applicable version of these General Terms and Conditions at the time the agreement is concluded. They are a component of all agreements concluded between HPM and its customers. Any deviations from these General Terms and Conditions, particularly conditions by the purchaser, shall only apply if they have been confirmed by HPM in writing.

(2) Customers in the sense of these General Terms and Conditions are both consumers (in the sense of § 13 of the BGB [German Civil Code]) as well as entrepreneurs (in the sense of § 14 of the BGB).

§ 2 Conclusion of an agreement

(1) Offerings made by HPM online represent a non-binding request by the customer to submit an offer. Brochures, advertisements and other marketing materials are also non-binding. 

(2) By ordering the desired goods in HPM’s online shops, by email, fax, letter or phone, the customer is submitting a binding offer aimed at the conclusion of a purchase agreement.

(3) The customer shall be bound to such an offer 14 calendar days after it is sent. HPM shall be entitled to accept the offer within this period. Compliance with this period shall be defined by the date when HPM provides its acceptance to the customer. The acceptance can take place in writing, in text form or through the delivery of the ordered goods to the customer. If this period elapses without result, the customer’s offer shall be considered as refused. 

(4) When goods are ordered electronically, HPM shall immediately confirm receipt of the order. This receipt confirmation shall not yet constitute a binding acceptance of the customer’s offer aimed at concluding a purchase agreement. 

§ 3 Prices and payment

(1) All prices named on HPM’s website apply only within the Federal Republic of Germany. The prices listed at the time of the customer’s offer submission shall apply. All prices are given in euros and include statutory sales tax. Prices for international sales shall be agreed on an individual basis. 

(2) Delivery shall take place in exchange for payment of a flat rate for packaging and shipping costs. The shipping costs include the cost of transport insurance, which must be concluded by HPM if the goods to be delivered are not insured by the transport service provider. The precise amount shall be based on the shipping type chosen by the customer, and shall be listed separately in the shopping cart. In some cases, shipments to other countries may also incur customs charges. 

(3) The purchase price is due in full immediately after conclusion of the agreement. HPM offers customers the option of paying cash on delivery as well as by credit card.

(4) The purchaser can only offset its own liabilities against HPM’s liabilities if the counterclaims are undisputed or legally established. The purchaser is only entitled to withhold payment if its counterclaim is based on the same contractual relationship. 

§ 4 Delivery, delivery time and default

(1) As a rule, if the products are available, shipping will take place within seven business days after the order receipt. If the desired goods are not available and must first be manufactured, the delivery time may be longer. In this case, as well as for other delays in delivery, HPM shall inform the purchaser immediately. Express shipping can be arranged for an additional fee upon request.

(2) For configured goods, the customer will be informed online immediately of the necessary delivery time once the configuration is entered. For customized products and family crests, the purchaser will be informed separately about the necessary manufacturing and delivery time. 

(3) If the purchaser is an entrepreneur, HPM shall be entitled to make partial deliveries to a reasonable extent.

(4) If HPM fails to meet an agreed delivery deadline, the purchaser must set an appropriate grace period, which can under no circumstances be shorter than two weeks. 

§ 5 Warranty

(1) If the purchaser is an entrepreneur, HPM shall be obligated and entitled to provide its choice of subsequent performance or replacement delivery if the purchased item is defective, within an appropriate period of time. 

(2) If the purchaser is an entrepreneur, subsequent performance claims due to obvious defects in the purchased item shall be excluded if the defect was not reported to HPM in writing within two weeks of receiving the goods. Sending this notification in a timely manner shall be sufficient to ensure compliance with the deadline. If the purchaser is an entrepreneur, §§ 377 ff. of the HGB shall apply.

(3) If the purchaser is a consumer, subsequent performance claims due to obvious defects in the purchased item shall be excluded if the defect was not reported to HPM in writing within two months of determining the defect. The date when HPM is notified shall be definitive for determining compliance with the deadline. This shall not apply in the event of bad faith on the part of HPM.

(4) If the purchaser is an entrepreneur, the warranty period shall be one year as of delivery of the purchased item. 

(5) The product dimensions given on the website can deviate from the dimensions of the finished product. Because the colors partially applied by hand are natural products that can appear more or less intense depending on their application with natural bristle brushes, the delivered products may show slight color deviations from the products shown on the website. 

§ 6 Liability for damage compensation

(1) Damage compensation claims by the purchaser as a result of obvious material defects in the delivered goods shall be excluded if the purchaser fails to notify HPM of the defects within a period of two weeks after receipt of the goods. 

(2) HPM’s liability for damage compensation, regardless of legal grounds (particularly in the event of delays, defects or other obligation violations), shall be limited to foreseeable damages as typical for the type of agreement. HPM shall not be liable to entrepreneurs in the event of a slightly negligent violation of insignificant contractual obligations. 

(3) The above liability limitations do not apply to HPM’s liability for intentional behavior or gross negligence; for guaranteed characteristics; for loss of life, injury or damages to health; or in accordance with product liability law. 

§ 7 Retention of title

(1) For agreements with consumers, HPM shall retain the title to the delivered goods until the purchase price for these goods has been paid in full.

(2) For agreements with entrepreneurs, HPM shall retain the title to the delivered goods until all liabilities arising from the respective business relationship have been fully compensated. 

(3) As long as the title is retained, the purchaser cannot sell the goods (hereinafter: goods subject to retention of title) or otherwise dispose of its ownership thereof.

(4) In the event of third-party access to the goods subject to retention of title, the purchaser shall inform the third party of HPM’s ownership of the goods and immediately inform HPM of this so that HPM can assert its ownership rights.

§ 8 Withdrawal right

(1) The consumer in the sense of § 13 of the BGB can withdraw its contractual declaration in text form (letter, fax, email) without providing reasons within 14 days, or – if the item has been given to the consumer before the end of this period – by returning the item. The withdrawal period shall begin at the earliest when this information is received in text form. Compliance with the withdrawal period shall be based on the timely sending of the withdrawal notice or the item. Withdrawals should be directed to: 

Höchster Porzellan-Manufaktur GmbH
Palleskestr. 32
65929 Frankfurt-Höchst
Email: vertrieb@hoechster-porzellan.de

(2) In the event of an effective withdrawal, the services received on both sides shall be returned, and any benefits drawn must be released. If the consumer is unable to return part or all of the received service to us, or only in diminished condition, the consumer must provide compensation to the corresponding extent. This shall not apply to the provision of items if the item’s deterioration is exclusively due to its inspection, such as would have been possible for the consumer to carry out in a store. For the rest, consumers can avoid the compensation obligation for damages caused by proper use of the item by not using the item and avoiding all actions that would diminish its value. For returns from a shipment of goods whose individual price is € 40.00 or less, the consumer must bear the costs of the return as long as the delivered goods correspond to what was ordered. Otherwise, the return shall be free of charge for the consumer. Items that cannot be shipped in a package shall be picked up from the consumer. Any payment obligations must be fulfilled within thirty days. This period shall begin for the consumer as of the time the withdrawal declaration is sent; for HPM, as of the receipt of this declaration. 

(3) No withdrawal right exists as per the provisions of the mail-order law for agreements that are not subject to the provisions of the mail-order law (e.g. retail stores); for the delivery of goods that are produced according to customer specifications or are clearly tailored to personal needs (e.g. products configured by the purchaser); or that are not suitable for return on the basis of their specific properties; as well as in other cases as per § 312 d Para. 4 of the BGB.

§ 9 Final provisions

(1) If one or more provisions of these General Terms and Conditions should be or become invalid, this shall not affect the validity of the remaining clauses and/or the agreement.

(2) If the agreement or these General Terms and Conditions should contain loopholes, it is hereby agreed that the loopholes shall be filled by the legally effective regulations that the contractual partners would have established according to the economic objectives of the agreement and the purpose of these General Terms and Conditions if they had been aware of the loophole.

(3) The interactions between the seller and the purchaser are subject exclusively to the law of the Federal Republic of Germany. The provisions of the United Nations Convention on Contracts for the International Sale of Goods, dated April 11, 1980, (CISG) do not apply to this extent.

(4) The place of jurisdiction for any and all disputes arising from the business relationship shall be our choice of either Frankfurt am Main or the headquarters of the ordering party. In the event of complaints against the seller, Frankfurt am Main shall be the exclusive place of jurisdiction. Any binding legal provisions regarding exclusive places of jurisdiction shall remain unaffected by this provision.