Terms and Conditions

Preamble

The General Terms and Conditions below (hereinafter referred to as “Terms and Conditions”) constitute the subject matter of the contractual relationship entered into by you and  

Neue Porzellanfarbik Triptis GmbH
E-Commerce
Geraer Strasse 51
D-07819 Triptis

(hereinafter referred to as “NPT”).

The language of this contractual relationship and of the communication with the customer during the term of the contract shall be German. These Terms and Conditions are and will be published exclusively at the website www.eschenbachshop.com. Moreover, these Terms and Conditions may be loaded into the working memory, saved to a permanent data storage medium or printed out. They can also be requested at service@eschenbachshop.de in digital or printed form. NPT’s address for service can be found in the purchase confirmation.

At http://www.eschenbachshop.de NPT runs a website for commercial purposes where it offers products and services to customers for sale over the Internet.


1. Scope of application

(1) The following Terms and Conditions, i.e. the version thereof that is valid at the time of ordering, shall apply to deliveries between NPT and a consumer.

(2) For the purpose of these Terms and Conditions, a “consumer” is any natural person entering into a legal transaction for a purpose that cannot be attributed to the commercial or self-employed professional activity of that person.


2. Formation of a contract

(1) The following provisions concerning the formation of a contract shall apply to orders placed via our Internet shop at http://www.eschenbachshop.com.

(2) In case that a contract is formed, it will be concluded with

Neue Porzellanfarbik Triptis GmbH
Geraer Strasse 51
D-07819 Triptis,

commercial register of Jena, Germany.

(3) The presentation of the merchandise at our Internet shop does not constitute a legally binding offer of contract by NPT. It is merely a non-committal invitation to the consumer to order merchandise. By ordering the chosen merchandise, the consumer submits an offer to conclude a purchase contract. That offer is legally binding for the consumer.

(4) When an order is placed at our Internet shop, the following provisions shall apply: The consumer submits a binding offer of contract by successfully completing the ordering procedure at our Internet shop.

Ordering is done following the steps below:

1) The desired merchandise is selected by putting the same into the virtual shopping cart. The customer is provided with a separate product description for each product on the respective web page.
2) The customer checks the information in the virtual shopping cart.
3) The customer clicks on the “Proceed to checkout” button. When the customer has finished shopping, a summary of the products with the final total price including value-added tax will be displayed.
4) After having registered and entered the registration data (e-mail address and password) or having entered his or her personal data, the customer signs in to the Internet shop.
5) Then the entered data are checked and/or corrected once again.
6) Finally, the customer places a binding order by clicking on the “Order with obligation to pay” button.

Prior to placing a binding order and after having checked his or her data, the consumer can either click on the “Back” button of his or her browser and return to the web page where the customer data are collected to correct any input data errors, or cancel the ordering process by closing the Internet browser. We will immediately confirm the receipt of an order by sending an automatically generated e-mail (“Your order placed at the Eschenbachporzellan shop“). By doing so, we accept your offer of contract. In case that ordered merchandise is unavailable, NPT shall not be obliged to deliver. The contractual partner will be notified of such unavailability without delay.

(5) A text of the contract concluded when placing an order at our Internet shop will not be stored. We will send you the order data and our Terms and Conditions via e-mail. You can also read our Terms and Conditions at http://www.eschenbachshop.de/agb. Furthermore, if you have registered at our shop as a customer, you can view your previous orders in the customer area by going to “My account” --> “My orders”.


4. Prices, shipping costs

(1) Applicable prices shall be those prices that are valid at the time of ordering, as shown on the pages of the Internet shop. The stated prices include the statutory value added tax as well as other price components. The shipping costs are extra.

(2) Shipping costs
The shipping costs per order are 5.00 Euros for deliveries within Germany. For deliveries into countries other than Germany the following shipping costs will be charged:

Belgium 9.50 €
The Netherlands 9.50 €
Austria 9.50 €
Luxemburg 9.90 €
Czech Republic 9.90 €
France 9.90 €
Great Britain 9.90 €
Monaco 9.90 €
Poland 18.00 €
Slovakia 18.00 €
Italy 18.00 €
Slovenia 18.00 €
Hungary 18.00 €
Spain 19.90 €
Sweden 19.90 €
Ireland 19.90 €
Portugal 19.90 €
Estonia 25.00 €
Finland 25.00 €
Latvia 25.00 €
Bosnia 29.00 €
Herzegovina 29.00 €
Croatia 29.00 €
Serbia 29.00 €
Bulgaria 38.00 €
Romania 38.00 €
Greece 38.00 €
Iceland 38.00 €


5. Payment, maturity

(1) The consumer can pay using PayPal, instant transfer, cash on delivery or prepayment. With each new order, the customer is free to determine which payment method he or she would like to apply. Purchase on account is possible only when you place your second order at the Internet shop and the value of the merchandise in your shopping cart amounts to at least 40 €. In case of late payment, the customer will be obliged to pay default interest in the amount of 5 % above the applicable base lending rate of the European Central Bank to NPT.

(2) If the consumer selects prepayment as his or her payment method, he or she undertakes to pay the purchase price immediately after the conclusion of the contract.

(3) To the extent that NPT ships the order based on the cash on delivery payment method, the purchase price will fall due at the time when the merchandise is delivered. In addition to the shipping costs, a cash on delivery lump sum (cash on delivery charge plus delivery fee) in the amount of 4 € will be collected.


6. Shipment

(1) Unless expressly stated otherwise by NPT in the product description, all offered items are ready for shipment.

(2) NPT will process orders within a period of 48 hours unless a longer processing time is expressly stated at the website www.eschenbachshop.com.

(3) Merchandise that is ready for shipment will be delivered in 3 to 5 work days.

(4) If the consumer has selected prepayment as his or her payment method, we will not ship the merchandise until we have received the payment.


7. Reservation of title

NPT reserves the title in the merchandise until the purchase price has been paid in full.


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Right of withdrawal

You have the right to withdraw from this contract without giving reasons within a period of fourteen days. The withdrawal time limit is fourteen days from the day on which you or a third party that was nominated by you and that is not the carrier have or has taken possession of the merchandise.
In order to exercise your right of withdrawal, you have to notify us (Neue Porzellanfabrik Triptis GmbH, Geraer Strasse 51, D-07819 Triptis, ++49 (0) 36482 884922, info@eschenbachshop.com) of your decision to withdraw from this contract by sending us a corresponding explicit declaration (e.g. a letter sent via regular mail, telefax or e-mail). You can use our standard withdrawal form for this purpose, but you do not have to. In order for you to meet the withdrawal time limit, it is sufficient to send off the respective notification that you exercise your right of withdrawal prior to the end of the withdrawal time limit.

Withdrawal consequences

If you withdraw from this contract, we will have to pay back all payments we have received from you, including the shipping costs (with the exception of any extra costs resulting from your selection of a shipping method other than the most favourably priced standard shipping method offered by us), immediately and no later than within fourteen days from the day on which we have received your notification of your withdrawal from this contract. We will effect the repayment in the same currency that you used in the initial transaction, unless expressly agreed otherwise. Under no circumstances will you be charged any fees for such repayment.
We may refuse to effect any repayment until we have received the returned merchandise or until you have furnished proof that you have sent the merchandise back to us, whichever happens sooner. You are obliged to send back or hand over the merchandise immediately and, as a rule, no later than within fourteen days from the day on which you have notified us of your withdrawal from the contract. The time limit will be deemed met if you send off the merchandise prior to the end of the time limit of fourteen days. Moreover, you will have to bear the direct costs incurred for the return of the merchandise.
You will have to bear the costs of any impairment of the merchandise only to the extent that such impairment is due to your handling of the merchandise in a manner that is not necessary to check the quality, properties and functionality of the merchandise.

Criteria for exclusion and/or expiry

The right of withdrawal does not apply to the delivery of merchandise that is not prefabricated, and the manufacturing of which requires an individual selection or definition by the consumer, or which is clearly tailored to the personal requirements of the consumer.

End of the instructions concerning the right of withdrawal

You can download our standard withdrawal form here.
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9. Stipulation concerning the return shipping costs in case of withdrawal

(1) If you exercise your right of withdrawal, you will be obliged to bear the regular costs of the reshipment.


10. Force majeure

(1) In case that NPT is unable to deliver due to force majeure (particularly strike, war, natural disasters), NPT shall be released from its duty to perform as long as the hindrance exists.

(2) If NPT is unable to fulfil the order and/or deliver the merchandise due to such force majeure for more than one month, the customer shall have the right to withdraw from the contract.


11. Final provisions

(1) Contracts concluded with NPT, including these Terms and Conditions, shall be governed exclusively by the laws of the Federal Republic of Germany. The United Nations Convention on Contracts for the International Sale of Goods shall be excluded.

(2) The applicability of any other terms and conditions of the customer is herewith expressly rejected.

(3) To the extent that the customer is an entrepreneur, the seat of NPT shall be the exclusive place of jurisdiction in case of any disputes.


12. Customer service

If you have questions, cancellations, claims or complaints, our customer service will be at your disposal between 09:00 a.m. and 06:00 p.m. from Monday through Friday and between 09:00 a.m. and 01:00 p.m. on Saturday under:

Telephone: ++49 (0) 36482 884922
E-mail: service@eschenbachshop.com