TERMS OF SALE AND DELIVERY

1. All our offers, deliveries, services and purchase contracts shall be subject exclusively to the following Terms of Sale and Delivery.

2. All information provided in PMN brochures, advertisements, the online store and other advertising media only provide approximates of the finished products. Should we make a customer a specific and individual offer, we regard the latter is binding for a period of six weeks from the day the offer is made.

3. Acceptance of a contract shall require precise confirmation by us or by our representative entitled to conclude contracts, and this can be provided in writing, by fax or in electronic form. Orders (from EU member states only) up to a value of € 20,000 can be placed through our online store. All orders placed through the online store shall require our acceptance. We reserve the right not to accept an order and assume no liability.

4. Prices and Delivery

4.1. Delivery within the European Union:
All prices in euro currency (€) shall be ex Manufaktur works and include statutory value added tax at the currently applicable level. The cost of transport, insurance and customs shall be payable by the customer. For orders, a flat fee shall be charged for transport. So long no other agreement has been concluded, the relevant price list in € issued by us at the time the contract was concluded shall apply. If a contract can only be executed after more than 12 months have elapsed since its acceptance, we shall be entitled to apply the list prices then applicable. We shall inform the customer of the amended prices prior to delivery. Should this involve an increase in the price of a contract of more than 5 %, then the customer shall be entitled to withdraw from the purchase contract within two weeks of having been so informed.

4.2. Delivery outside the European Union (excluding the USA):
All prices in € shall be ex Manufaktur works and include statutory value added tax at the currently applicable level. The cost of transport, insurance, customs and possible processing fees (complicated execution) shall be payable by the customer. So long no other agreement has been concluded, the relevant price list in € issued by us at the time the contract was concluded shall apply. If a contract can only be executed after more than 12 months have elapsed since its acceptance, we shall be entitled to apply the list prices then applicable. We shall inform the customer of the amended prices prior to delivery. Should this involve an increase in the price of a contract of more than 5 %, then the customer shall be entitled to withdraw from the purchase contract within two weeks of having been so informed.

4.3. Deliveries to the USA:
Prices in US$ shall include packaging, insurance, transport and customs. Inasmuch as no other agreement was made, the relevant price list in US$ issued by us at the time the contract was executed shall apply. If a contract can only be executed after more than 12 months have elapsed since its acceptance, we shall be entitled to apply the list prices then applicable. We shall inform the customer of the amended prices prior to delivery. Should this involve an increase in the price of a contract of more than 5 %, then the customer shall be entitled to withdraw from the purchase contract within two weeks of having been so informed.

5. Upon conclusion of the contract we request that a deposit amounting to 50% of the value of the contract be made. Receipt of the deposit shall be a condition for the execution of the contract. We shall be entitled to withdraw from the purchase contract should we not have received the deposit within four weeks of the contract having been concluded. All payments shall be affected without deductions immediately upon receipt of the invoice. For orders placed through the online store the full amount shall be paid at the time of the order using one of the various payment methods available.

6. Our products are manufactured exclusively by hand using traditional methods. Due this we cannot agree to binding delivery times. Should we have set a definite date for an individual delivery we shall inform the customer immediately as soon as it becomes evident that there will be a delay of more than six weeks. The customer shall then be entitled in writing, by fax or in electronic form to set a period of grace of at least six weeks after the date originally set for delivery, after expiry of the latter, the customer shall be able to refuse to accept the delayed delivery.

7. Transport
7.1. Delivery within the European Union:
The customer shall bear the risk of transport. Insofar as the customer does not precisely state that they do not require such, we shall for a separate fee take out insurance against damages on their behalf. This fee is currently 1.5 % of the gross retail price for deliveries within the European Union. Orders placed through the online store shall be insured by the Manufaktur. The customer shall be obliged to inspect the goods immediately on delivery and report without delay any damage through breakage. Broken pieces shall be kept until the matter has been clarified and if necessary may need to be sent back to us.

7.2. Outside the European Union (excluding the USA):
The customer shall bear the risk of transport. Insofar as the customer does not expressly state that they do not require such, we shall for a separate fee take out insurance against damages on their behalf. This fee is currently 3 % of the gross retail price for deliveries outside the European Union (excluding the USA). The customer shall be obliged to inspect the goods immediately on delivery and report without delay any damage through breakage. Broken pieces shall be kept until the matter has been clarified and if necessary may need to be sent back to us.

7.3. Delivery to the USA:
Porzellan Manufaktur Nymphenburg shall bear the risk of transport. The customer shall be obliged to inspect the goods immediately on delivery and report without delay any damage through breakage. Broken pieces shall be kept until the matter has been clarified and if necessary may need to be sent back to us.

8. Each of our products is manufactured individually by hand. Minor discrepancies and deviations from models, patterns, and reproductions in brochures and advertising media are an expression of the individual artistic creation of the items and thus intentional. We are unable to provide any guarantee, in particular with regard to specific properties and durability of the goods.

9. Right of return for purchases made in the online store:
The customer shall have a right to return received goods without stating a reason within two weeks by returning the goods. The period of time shall commence on receipt of the instructions regarding the right of return in text form (e.g., as letter, fax, e-mail), however, not before the recipient has received the goods. It is sufficient if the goods or the request to return goods is filed with us in good time to:

Porzellan Manufaktur Nymphenburg, Nördliches Schlossrondell 8, 80638 Munich, Germany.
The goods shall be returned at our risk and costs.

Consequences of a return:
In the event of an effective return the mutually rendered services shall be respectively returned and any possible benefit derived be declared (e.g., advantages through use). In the event of deterioration of the goods, the Manufaktur is hereby authorized to be able to demand compensation. This shall not apply should the deterioration of the goods be exclusively attributable to their inspection, as would have been possible, for example, in a retail outlet. Otherwise, the customer can avoid the obligation to pay compensation for the deterioration of goods used in a manner appropriate to their purpose, by not using the goods as your property and desist from anything that affects their value. Obligations for the reimbursement of payments shall be fulfilled within 30 days. For the customer, the time limit shall commence with the dispatch of the goods or the return demand, and for us on their receipt.

Exclusion of revocation:
The right of return shall not apply to goods manufactured according to the customer’s specifications (e.g., with personal monogram) or if you are an entrepreneur and conducting commercial or self-employed activities.

10. The goods delivered to the customer shall remain our property (goods subject to retention of title) until such time as any claims against the customer to which we are entitled on any legal grounds have been fulfilled. The purchaser shall not be entitled to dispose of the goods subject to retention of title, to give them in pledge, or transfer title of them as collateral. Should the customer nonetheless dispose over goods subject to retention of title as if they were his own, at that point in time he assigns all ensuing claims in their entirety to us as security. The purchaser shall be obliged in the event of attempted seizure of the goods to point out that they are our property and inform us immediately of seizures or any other endangerment of our rights. He shall be liable to us for the cost of implementing our reservation of ownership. We shall release goods subject to retention of title at the request of the customer to the extent that the value of collateral granted us exceeds the claims to be secured by more than 20 %.

11. With many of our products we or the artist who designed it shall be entitled to the copyright. In such cases it shall not be permissible for products to be treated, re-designed, disfigured, or reproduced for purposes other than private ones or purposes of one’s own without the permission of the copyright owner. In individual cases, utility patent and design patent rights shall be observed. We can on request provide more detailed information about this at any time.

12. The customer shall only be able to set off counter claims or exercise a right of retention if the counterclaim is undisputed and no legal recourse against it is possible.

13. Place of performance and court of jurisdiction shall be Munich. German law shall apply apart with the exceptions of the stipulations governing International Private Law and the stipulations of the United Nations Convention on Contracts for the International Sale of Goods.

Status: March, 2021