General Terms and Conditions - Direct sales
§ 1 Order
1. The customer orders by telephone, fax, letter or email; the customer receives a written order confirmation. The customer chooses the delivery method for the order confirmation. The confirmation contains the customer’s order, and documents that MEISSEN® has received the order. Goods are only delivered in quantities normal for a household.
2. The contract only comes into being when MEISSEN® gives a declaration of acceptance. MEISSEN® is entitled, but not obligated, to accept the customer’s offer of a contract within 14 days of receipt by MEISSEN®. MEISSEN® declares the acceptance by order confirmation sent either by fax, by letter, or by email.
§ 2 Data protection
1. It is necessary to collect, store, and use personal data to process orders. MEISSEN® only collects personal data insofar as these are disclosed for the purposes of ordering goods, to open a customer account, in the course of customer dialogue, or on registration for the MEISSEN® newsletter, and only to the extent absolutely necessary for the particular use.
2. In order to process the order, MEISSEN® stores the address details and, where applicable, the data necessary for individual payment methods.The data disclosed are only used without separate consent to fulfil and process the order.
3. The customer can at any time, without charge, request information in writing or text format on the personal data stored, or request the correction, blocking, or deletion of these data. The customer can contact MEISSEN® at the following address for this purpose, and for all further questions concerning data protection:
Staatliche Porzellan-Manufaktur Meissen GmbH
Customer service
Talstraße 9, 01662 Meißen
4. The customer can prevent the use of his/her personal data for advertising purposes at any time. The objection is to be sent to the above contact address.
§ 3 Delivery times
1. If MEISSEN® cannot comply with the delivery periods specified due to force majeure or other reasons for which it is not responsible, MEISSEN® informs the customer of this immediately. MEISSEN® simultaneously specifies a new delivery period for the customer which is reasonable in the particular circumstances. If the goods are also not available within the new delivery period for reasons for which MEISSEN® is not responsible, MEISSEN® can rescind the contract in whole or in part. MEISSEN® will reimburse the customer immediately for consideration already provided. Insofar as it is not reasonable for the customer to accept the delivery due to the delay, it can rescind the contract in text format (that is, in writing, by fax, or email) by immediate declaration to MEISSEN®.The customer’s additional statutory rights are not affected.
2. Partial deliveries and early deliveries are permissible within the scope of what is reasonable for the customer. Insofar as the customer has ordered multiple items, it can be the case that MEISSEN® sends these in multiple deliveries. MEISSEN® will inform the customer of this before shipment.
3. Delivery and/or shipment to embargo countries and/or to legal and natural persons affected by international sanctions is excluded.
§ 4 Payment, default of payment
Payment can be made by credit card, Instant bank transfer, PayPal, or by AmazonPay. MEISSEN® is entitled to wholly or partially rescind all existing contracts for which the customer has not yet paid the purchase price, despite the due date having passed and a warning letter having been sent.
§ 5 Retention of title
1. The goods delivered remain MEISSEN®’s property until full payment of the purchase price.
2. The customer is obligated to inform MEISSEN® immediately in writing of a seizure of the goods or other intervention of a third party, and to refer the third party to MEISSEN®’s retention of title.
§ 6 Information concerning the exercise of the right of withdrawal
The withdrawal period is fourteen days from the date on which you or a third party other than the carrier and indicated by you acquires, physical possession of the last lot or piece.
The withdrawal period is 14 days from the day on which you or a third party designated by you, other than the carrier, have taken or have taken possession of the last partial consignment or the last item.
To exercise the right of withdrawal, you must inform us:
Staatliche Porzellan-Manufaktur Meissen GmbH
Customer service
Talstraße 9, 01662 Meißen
in the event of cancellation by telephone: +49 (0) 3521 468 600 or by fax: +49 (0) 3521 468 6600 (€0.14/min from the German landline network, mobile prices differ)
of your decision to revoke this contract with a clear statement (e.g. with a letter sent by post, fax, or email). You may use the attached cancellation form template for this, but it is not required. If you use this option, we will immediately send you (e.g. by email) a confirmation that we have received such a revocation.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. We will bear the costs of returning the goods. Unless the goods cannot be returned by post due to their condition. You then bear the direct costs of return. We will gladly inform you of the precise amount of return costs in such a case via the telephone number: +49 (0) 3521 468 600
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.Exclusion of the right of withdrawal.
Exclusion of the right of withdrawal
There is no right of withdrawal:
- if the goods were manufactured according to an individual choice or customer request, or
- if the goods have been inseparably mixed with other goods due to their nature.
§ 7 Warranty
1. The warranty for defects in the purchased goods conforms to the statutory provisions, especially Section 434 et seq. German Civil Code (BGB), and the following provisions.
2. Deviations in the quality, colour, size, finishing, and design of the goods due to the material, and which are customary in the trade or not technically avoidable, are irrelevant. There is no right of rescission for such or other negligible defects. The customer is at liberty to prove that the deviations referred to are significant for him/her.
3. There are no warranty rights for the customer if s/he has altered the goods, and this has caused the defect. Equally, guarantee claims are excluded as a result of improper use of the goods. Any of the customer’s claims for compensation or reimbursement of wasted expenditure only exist in accordance with Section 8 of these T&Cs.
§ 8 Liability
1. MEISSEN® is unreservedly liable for intention and gross negligence. With simple negligence, MEISSEN® is only liable in the event of injury to life, limb, or health, or a breach of an essential contractual duty.Essential contractual duties are those, the fulfilment of which is necessary to achieve the purpose of the contract, and on the fulfilment of which the customer has relied and also could have relied on.
2. Where essential contractual duties have been breached due to simple negligence, MEISSEN®’s liability is limited in amount to the foreseeable, typically-occurring losses.
3. The above limitation of liability also applies in favour of MEISSEN®’s statutory representatives and vicarious agents.
4. Liability under the German Product Liability Act (ProdHaftG) remains unaffected.
§ 10 Final provisions
1. Contracts between MEISSEN® and the customer are subject to the law of the Federal Republic of Germany, excluding UN sales law.
2. Should individual provisions of these T&Cs be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provision is deemed replaced by the respective applicable statutory provisions. This applies accordingly to fill in any loopholes in these T&Cs.
3. If you have any questions, complaints, or claims, please contact:
Phone number: + 49 (0) 3521 468 600
Postal address:
Staatliche Porzellan-Manufaktur Meissen GmbH
Customer service
Talstraße 9, 01662 Meißen
B2C version: 12 November 2021