1. Scope
The following Terms and Conditions (Terms) apply to all orders placed via our online shop.
These Terms also apply to businesses for future commercial relations without the need for any formal expression thereof. Unless expressly approved by us to the contrary, we cannot accept the contractual validity of any conflicting or complementary general terms and conditions used by any business.
2. Contractual partner, formation of contract, options for corrections
The contract is concluded with Denk Keramische Werkstätten e.K. Fabian Denk.
By placing the products in the online shop, we make a binding offer on our part to enter into a contract regarding those items. You may place our products in the shopping basket without obligation and amend your entries at any time prior to submitting your binding order by using the correction facilities that are provided for this purpose and explained during the ordering process. The contract is formed by clicking on the order button which indicates your acceptance of our offer concerning the products contained in the shopping basket. Once you have sent your order you will immediately receive a confirmation via e-mail.
3. Contract language, saving of the contract text
The language(s) available for concluding the contract: German, English, Dutch
The text of the contract will not be saved by us.
4. Delivery conditions
Delivery costs
Delivery costs may
apply to the product prices displayed. Further information on delivery
costs, if applicable, are explained within individual product offers.
Delivery options
We ship the products to the delivery address specified in the order process.
You are entitled to collect your order from Denk Keramische Werkstätten e.K. Fabian Denk, Neershofer Str. 123 - 125, 96450 Coburg, Germany during the following hours of business: Mon-Fri 8 am to 3 pm
5. Payment
The following payment methods are basically available in our online shop.
Advance payment
If you select
advance payment we provide you with our bank details in a separate
e-mail and deliver the goods on receipt of funds.
Credit Card
You provide your credit card details during the ordering process.
Your card will be charged immediately after placing your order.
PayPal
In order to pay the
invoice amount via the payment service provider PayPal (Europe) S.à r.l.
et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you
must be registered with PayPal, legitimise yourself with your access
data and confirm the payment instruction.
The payment transaction will be processed by PayPal after
placing the order. You will receive further instructions during the
ordering process.
PayPal may offer registered PayPal customers further payment modalities in the customer account selected according to its own criteria. However, we have no influence on the offering of these modalities; further individually offered payment modalities affect your legal relationship with PayPal. You can find more information on this in your PayPal account.
Invoice
The invoice amount is due 14
days upon receipt of the invoice and the goods by bank transfer to our
bank account. We reserve the right to allow payment by invoice only
after we verify your credit rating.
6. Right to cancel
Consumers are entitled to the statutory right to cancel, as described in the instructions on the right to cancel. Businesses are not granted any voluntary right to cancel.
7. Retention of title
The products shall remain our property until full payment is made.
For businesses, the following applies additionally: We reserve
ownership of the products until complete settlement of all claims
arising from a current business relationship. You may resell reserved
goods in ordinary business operations; you shall assign any claims
arising from this resale – irrespective of connecting or mixing of the
reserved goods with a new item - in the amount of the invoice amount to
us in advance, and we accept this assignment. You remain authorised to
collect the claims; however, we may likewise collect the claims
ourselves, should you fail to fulfil your payment obligations. We shall
release the securities to which we are entitled at your request to the
extent that the realisable value of the securities exceeds the value of
the open claims by more than 10%.
8. Damage during delivery
For consumer the following applies: If the goods are delivered with obvious damage caused during delivery, please report the defect to the carrier and notify us without delay. Failure to make a complaint or to make contact does not in any way affect your legal rights or the enforcement of such rights, notably your warranty rights. However, in doing so you help us to assert our own claims against the carrier or transport insurer.
9. Warranty and guarantees
9.1 Liability for defects
We are under a legal duty to supply products that are in conformity with this contract.
The statutory guarantee provisions (liability for defects) shall apply. With respect to consumers, statutory warranty rights governed by the law of the country where the consumer has his habitual residence shall apply. Information on any additional guarantees and their precise conditions that may apply can be found next to the product and on specific information pages in the shop, if applicable. Complaints can be submitted by consumers and businesses to our contact details given in the supplier identification.
When you exercise your warranty rights and we deem it necessary to receive the goods back in order to examine your complaint, you must send back the goods at our cost to the address provided for this purpose. We are committed to respond to any complaint immediately, but no later than within 14 days of its submission.
9.2 Guarantees and customer service
Information on any additional voluntary guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop, if applicable.
Customer service: Our customer service is available for queries, complaints and claims Mon - Thur from 8 am to 12 pm and 1 pm to 4 pm, Friday until 3 pm via phone at 49 9563 513320 as well as via email at kundenservice@denk-keramik.de
10. Liability
We shall in any case be liable without limitation for
claims due to damages that have been caused by us, our legal
representatives or legal agents
• for injury to life, limb or health
• for deliberate or grossly negligent breach of duty
• for guarantee commitments, where agreed
• towards consumer.
Except these cases, our civil law liability is limited to the
foreseeable and direct damages at the time of contract conclusion.
11. Online dispute resolution
The European Commission provides a platform for online dispute resolutions (ODR) which can be accessed at https://ec.europa.eu/consumers/odr/. In order to settle disputes arising from a contractual relationship with a consumer or from whether such a contractual relationship exists at all, we will participate in dispute settlement proceedings before a consumer dispute resolution body. Consumers can contact their national European Consumer Centre in this regard. The respective contact details of the individual ECCs can be found at https://www.evz.de/en/alternative-dispute-resolution/adr-in-europe/. The competent body in this matter is: Universalschlichtungsstelle des Bundes am Zentrum für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, Germany, www.verbraucher-schlichter.de.
12. Final provisions
If you are a business, German law applies, to the exclusion of the UN Sales Convention.
If you are a "Kaufmann" within the meaning of the German Commercial Code (HGB), public-law legal entity or special public-law fund, the exclusive legal jurisdiction for all disputes from contractual relationships between us and you is our registered office.