Terms of Service
§ 1 Scope
1.) The following General Terms and Conditions (GTC) apply to all current and future business relationships between Fahnen Kössinger GmbH and our customers in the version valid at the time the contract is concluded. Differing, conflicting or supplementary general terms and conditions of the customer will not become part of the contract, even if they are noted, unless their validity is expressly agreed to in writing by Fahnen Kössinger GmbH.
2.) The customer is a consumer if the purpose of the ordered deliveries and services cannot be predominantly attributed to his commercial or independent professional activity (§13 BGB). On the other hand, an entrepreneur is any natural and legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of their commercial or independent professional activity (Section 14 Paragraph 1 BGB).
§ 2 Conclusion of contract
1.) Our offers are subject to change. We reserve the right to make technical changes as well as changes in shape, color and/or weight within reason.
2.) The validity of our offers is limited to six weeks, unless otherwise stated in the offer itself.
3.) By ordering goods, the customer declares bindingly that they want to purchase the ordered goods. When ordering via our online shop, you make a binding purchase offer (§ 145 BGB) by clicking the “Buy” button. We are entitled to accept the contract offer contained in the order within two weeks of receipt. Acceptance can be declared either in writing or by delivering the goods to the customer.
4.) If the consumer orders the goods electronically, we will confirm receipt of the order immediately. The confirmation of receipt does not constitute a binding acceptance of the order. The confirmation of receipt can be linked to the declaration of acceptance.
5.) The contract is concluded subject to correct and timely delivery by our suppliers. This only applies if we are not responsible for the non-delivery and there was already a specific cover transaction with our supplier at the time the contract was concluded with the consumer. The customer will be informed immediately about the unavailability of the service. The consideration will be refunded immediately.
6.) If the consumer orders the goods electronically, the contract text will be saved by us and sent to the consumer along with these General Terms and Conditions together with the declaration of acceptance in text form (e.g. e-mail, fax or letter).
§ 3 Prices and payment
1.) All prices stated are final prices and include VAT. When purchasing by mail order, shipping costs are incurred in addition to the final price. We charge standard shipping costs per order depending on the weight
:
€8.33 incl. VAT up to and including 3 kg
€10.12 incl. VAT up to and including 10 kg
€11.90 incl. VAT up to and including 20 kg
14.28 € including VAT up to and including 30 kg
The shipping costs stated refer to delivery within Germany excluding islands and special areas.
Shipping abroad is subject to strong fluctuations in costs depending on the packaging volume. These shipping costs will be communicated to the customer individually when placing their order. In addition, a bulky goods surcharge of €10.53 including VAT will be charged for items with a side length greater than 120 cm.
For cash on delivery shipping, there are additional fees of €10.12 including VAT.
The customer can pay the purchase price in advance, cash on delivery or invoice. We reserve the right to exclude certain payment methods in individual cases.
2.) Unless otherwise stated, the purchase price is to be paid within 10 days of receipt of the goods. If a calendar-specific or determinable payment date is stated on the invoice, the customer will be in default of his payment obligation at the end of the specified day without further reminder if he has not yet fulfilled this. In the event of late payment, statutory default interest of 5% pa above the base interest rate for consumers and 8% pa above the base interest rate for entrepreneurs will be charged. The assertion of further default damages remains reserved.
3.) In the event of revocation according to § 4, the consumer must bear the regular costs of the return if the purchase price of the item to be returned does not exceed an amount of EUR 40 or, in the case of a higher purchase price, the consumer has not yet paid the purchase price at the time of revocation has made an agreed partial payment, unless the item delivered does not correspond to the one ordered.
4.) The customer only has the right to offset if his counterclaims have been legally established or recognized by us. The customer can only exercise a right of retention if his counterclaim is based on the same contractual relationship.
§ 4 Delivery/Shipping
1.) Delivery times begin on the day of our order confirmation, but not before all details of the order have been fully clarified and not before receipt of documents, approvals, releases to be obtained from the contractual partner, as well as receipt of any agreed down payment. If no delivery dates have been agreed, but a delivery time based on a specific period of time, this begins on the day of release. The delivery time is interrupted for the duration of the examination of the proofs, production samples, etc. by the contractual partner, from the day of dispatch to the contractual partner until the day of receipt of a statement. If the contractual partner requests changes to the order after the order has been placed that affect the production time, a new delivery period begins with the confirmation of the change. The delivery time ends on the day on which the goods leave the delivery factory or are stored if shipping is impossible.
2.) If we are prevented from fulfilling our delivery obligations due to force majeure, industrial action or other unforeseen events that could not be avoided despite reasonably expected precautionary measures, regardless of whether they occur in our sales department or at our upstream supplier, the delivery period will be extended the duration of the disability and taking into account an appropriate start-up time. If the hindrance is not expected to end within a reasonable period of time, we are entitled to withdraw in whole or in part without any obligation to make subsequent delivery or pay compensation. Claims for damages by the contractual partner due to such withdrawal are excluded. Such withdrawal does not affect our claims from any partial deliveries made.
§ 5 Transfer of risk
1.) If the buyer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods passes to the buyer when the goods are handed over, or in the case of mail order purchases, when the item is delivered to the freight forwarder, the freight carrier or the person or institution otherwise designated to carry out the use above.
2.) If the buyer is a consumer, the risk of accidental loss and accidental deterioration of the item sold, even in the case of a mail order purchase, only passes to the buyer when the item is handed over.
3.) The handover is deemed to be the same if the buyer is in default of acceptance.
§ 6 Consumer’s right of withdrawal
Right of withdrawal
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reasons. The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods.
In order to exercise your right of withdrawal, you must contact us (Fahnen Kössinger GmbH, Am Gewerbering 23, 84069 Schierling, email:
Consequences of cancellation
If you cancel this contract, we will refund to you all payments we have received from you, including delivery costs (with the exception of additional costs arising from you choosing a type of delivery other than the cheapest standard delivery offered by us have chosen), immediately and at the latest within fourteen days from the day on which
we received notification of your cancellation of this contract. For this repayment we use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment. We may refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back,
whichever is the earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of your cancellation of this contract. The deadline is met if you send the goods before the fourteen day period has expired. You bear the direct costs of returning the goods. You are only liable for any loss in value of the goods if this loss in value is due to the handling other than what is necessary to establish the nature, characteristics and functionality of the goods.
The right of withdrawal does not apply to the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
End of revocation
§ 7 Retention of title
The delivered goods remain our property until the purchase price has been paid in full. The customer undertakes not to dispose of the goods by selling, pledging, renting, lending or in any other way until the purchase price has been paid in full.
§ 8 Liability for material defects
1.) Unless expressly agreed otherwise, your warranty claims are based on the statutory provisions.
2.) If the customer is an entrepreneur, we will provide warranty for defects in the goods, initially at our discretion, through repair or replacement delivery.
If the customer is a consumer, he initially has the choice of whether subsequent performance should take place through repair or replacement delivery. However, we are entitled to refuse the type of supplementary performance chosen if it is only possible with disproportionate costs and the other type of supplementary performance does not result in significant disadvantages for the consumer.
3.) If a complaint about defects is justified and made in a timely manner, we reserve the right, at our discretion, to initially remedy the defect or deliver a new one in exchange for a free exchange of the defective goods to be returned to us by the contractual partner (subsequent performance). The contractual partner is only entitled to withdraw from the contract and/or to claim damages if supplementary performance has repeatedly failed. However, the right to compensation only exists if we are responsible for gross negligence or intent. In any case, compensation is limited to the negative interest. Compensation for consequential damages is excluded unless they are due to intent or gross negligence.
4.) Claims for material defects do not apply if there is only an insignificant deviation from the agreed quality, if there is only an insignificant impairment of usability, if there is natural wear and tear, or if damage occurs after the transfer of risk as a result of incorrect or negligent handling, excessive stress, the use of unsuitable care products or due to special external influences arise that are assumed according to the contract.
5.) Furthermore, when producing ceramic articles and similar goods, the occurrence of a relatively small number of defective goods cannot be technically avoided and a proportion of up to 5% of the total quantity cannot be objected to, regardless of whether the defect is in the processing or in the printing . Ceramic products may have glaze hairline cracks due to production, which can usually only be seen after decorative firing of flat motifs. This unavoidable appearance is not worth complaining about!
6.) Complaints due to obviously defective or obviously different quality of the goods or due to delivery of obviously different goods than those ordered must be made by the contractual partner immediately, at the latest within 3 days if the contractual partner is a company within the meaning of Section 14 of the German Civil Code (BGB). Otherwise, the defect must be reported to us in writing within 4 weeks of delivery at the latest or, if the defect was not apparent upon immediate inspection, one week after the defect was discovered. If obvious defects are not reported in a timely manner or in the correct form,
the warranty will be void. Otherwise, Sections 377 and 378 of the German Commercial Code (HGB) remain unaffected. If the obligation to inspect and give notice of defects is violated, the delivery is deemed to have been approved with regard to the defect in question. Defects in part of the delivery cannot lead to a complaint about the entire delivery.
7.) For goods of the same type, insignificant, ie minor, quantity deviations do not entitle the consumer to withdraw from the contract and/or claim damages. For entrepreneurs, standard excess or short deliveries of up to 10% are permitted for printed, embroidered or embossed goods; short deliveries are calculated at the price for the actual quantity delivered.
8.) For entrepreneurs, the liability period for material defects is one year from delivery of the goods.
9.) The customer does not receive any guarantees from us in the legal sense. Any manufacturer guarantees
remain unaffected.
§ 9 Quality requirements & color rendering for ceramic articles
1.) Due to the manufacturing possibilities for ceramics in the manufacturing countries, especially in mass production, the quality standard is the dozen goods in conventional “kiln sorting”. In the case of kiln-sorted goods, the following minor errors in the ceramic end product must generally be accepted by the purchaser and do not constitute grounds for complaint: pinholes, glaze streaks, glaze color deviations, glaze gloss tolerances, impurities, iron spots and hallmarks. Samples represent a qualitative
average.
2.) A 100% homogeneous print image and precise registration cannot be achieved in direct printing due to tolerances of the object to be printed. Any resulting deviations from the provided color copy, simulated or unsimulated proof or proof sample must therefore be accepted by the contractual partner. Slight deviations in the stand position cannot be ruled out due to production technology, especially when hand-decorated. In the case of colored reproductions using all manufacturing processes, minor deviations from the original cannot be objected to. The same applies to the comparison between other templates (e.g. digital proofs, proofs) and the end product.
3.) Ceramic color printing processes are not produced according to Pantone or HKS scales. They can only be adapted to this conditionally. Also due to thermal influences (decor firing at 840°C), resulting chemical reactions and additive color mixing of the decorative colors with the underlying glaze, decorative color deviations cannot be ruled out and do not constitute a reason for complaint. Glaze engravings reveal the natural color of the body. This color cannot be changed and therefore cannot be claimed.
• Decorative firing final result color deviations from the color copy up to 30% depending on the glaze color
• Decorative firing final result color deviations from the proof up to Delta E 15 depending on the glaze color
§ 10 Limitation of liability
In the case of legally prescribed liability regardless of fault (e.g. under the Product Liability Act), we are liable without limitation, as well as in the event of personal injury (injury to life, body, health). We also have unlimited liability for intent and gross negligence. In the case of slight negligence, we are only liable if cardinal obligations are breached. Cardinal obligations are those obligations that are to be granted to the customer in accordance with the meaning and purpose of the specific contract or whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the customer can regularly rely. In these cases, however, we are not liable for indirect or unforeseeable damages, for consequential damages, for lost profits or for missed savings. Furthermore, liability is excluded in the event of slight negligence. This limitation of liability also applies to our legal representatives, employees, salaried employees and vicarious agents. The following applies only to entrepreneurs: In the event of a breach of cardinal obligations and only slightly negligent behavior, our liability is limited to the amount of the net invoice amount of the delivery or service that caused the damage.
§ 11 Copyright and property rights
Drafts, drawings or samples that are created based on an offer may not be exploited or used by the offer recipient nor passed on to third parties for a fee or free of charge without our written consent. In the event of a violation, we are entitled to charge flat-rate damages amounting to 10% of the offer amount, unless the offer recipient proves that no or lesser damage was incurred. The assertion of further damages remains unaffected by this. If the offer recipient passes on designs, drawings or samples to third parties for a fee, he hereby assigns his claim to payment to us. Otherwise, drafts, drawings or samples remain our property, even if a contract is concluded, and may only be used within the scope of the contractual relationship with us. The contractual partner must indemnify us against all third-party claims due to such an infringement.
§ 12 Final provisions
1.) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
2.) If the customer is a merchant, a legal entity under public law or a special fund under public law, our place of business is agreed as the exclusive place of jurisdiction for all claims arising from or based on this contract. The same applies to persons who do not have a general place of jurisdiction in Germany or persons who have moved their place of residence or usual place of residence outside of Germany after conclusion of the contract or whose place of residence or usual place of residence is not known at the time the action is filed.
3.) The contract remains valid in its remaining parts even if individual provisions are legally ineffective
. As of: February 1, 2024