T&Cs

by | Mar 15, 2018 |

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General terms and conditions

§ 1 Scope of application

These terms and conditions contain the exclusively between you and us, Andreas Thiel, Allach-Porzellan, Wiener Str.41b, 85221 Dachau, unless they are amended by written agreement between the parties.

§ 2 Range of products

You have the opportunity to select and order items on our website.

§ 3 Privacy protection

With regard to data protection, our privacy policy applies.

§ 4 Conclusion of the contract

The presentation of our goods is not a binding offer on our part. Only the order of a product by you is a binding offer under § 145 BGB. In case of acceptance of this offer, we will send you an order confirmation by e-mail.

§ 5 Validity and compliance with the legal provisions, in particular the §§ 86, 86 a StGB

(1) We point out that any requested and delivered by us contemporary historical and military historical goods, especially those from the Nazi period, serve only for purposes of civic education, the defense of unconstitutional and anti – constitutional aspirations, scientific and art historical research, education and reporting of the events or the military historical research and thus the §§ 86, 86a StGB as well as the other applicable law is met.

(2) As a buyer, you are legally bound to acquire these objects only for historical-scientific purposes for reasons stated in paragraph 1 and to use them in any way propagandistic within the meaning of §§ 86, 86a StGB or in any other punishable or anti-constitutional manner. Only on this condition orders are accepted.

§ 6 Terms of payment

(1) The purchase price is due immediately upon conclusion of the contract. The payment of the goods is usually done by cash in advance and known customers by invoice.

(2) All prices are to be understood as retail prices. Articles without reported value added tax are subject to differential taxation in accordance with § 25a UStG; in addition, shipments to the third country are tax-exempt export deliveries in accordance with § 4 No. 1a UStG. Prices of items that are not subject to differential taxation are including VAT.

§ 7 Title retention

The goods remain our property until full payment.

§ 8 Terms of delivery

Delivery is processed in the order of receipt of the order. Incidental shipping costs are listed in the catalog as well as during the order process and will be shown separately on the invoice. We would like to point out that shipping abroad may incur higher shipping costs, customs duties and fees or the like.

§ 9 Information on the right of withdrawal and instruction:

Right of revocation

You can cancel your contract within 14 days without giving reasons in writing (e.g. letter, fax, e-mail) or – if the case before the deadline – by returning the goods. The period begins after receipt of this instruction in writing, but not before receipt of the goods at the recipient (in the case of recurring delivery of similar goods not before the receipt of the first part delivery) and not before fulfillment of our information obligations under Article 246 § 2 in conjunction with § 1 Paragraph 1 and 2 EBGBG and our obligations under § 312g para. 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. To maintain the cancellation period, the timely dispatch of the revocation or the thing is sufficient.

The revocation must be sent to:
Andreas Thiel, allach-porzellan
Wiener Str.41b, 85221 Dachau
Tel.: (+49) 08131 / 277100
Fax: (+49) 08131 / 277101
E-Mail: info@allach-porzellan.de

Consequences of the revocation

In the case of an effective cancellation, the mutually received benefits and any benefits (e.g. interest) need to be surrendered. If you can not give us back or give us the received goods or services as well as uses (e.g. use advantages) or only partially or only in a deteriorated condition, you have to pay us compensation for the value. For the deterioration of the article and for drawn uses, you only have to pay compensation if the use or the deterioration is due to a handling of the article, which goes beyond the examination of the characteristics and the functioning. The term “testing the properties and the mode of operation” refers to the testing of the respective goods, as is possible and customary in a retail store.
Transportable items are to be returned at your risk. You have to bear the regular costs of the return, if the delivered commodity corresponds to the ordered and if the price of the article to be returned does not exceed an amount of 40 euros or if you at the time of the revocation did not make a contractually agreed partial payment. Otherwise, the return is free of charge. Non-parcels are picked up at your place.
Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you with the sending of your revocation or the article, for us with their receipt.

 

End of revocation

§ 10 Guarantee

(1) All goods offered by us are immaculately contemporary originals, unless they have been expressly described as a collector’s productions. The descriptions are made to the best of my knowledge and belief. We guarantee a return on originality of 6 months from the date of shipment.

(2) Insofar as a defect subject to warranty exists, you are entitled within the scope of the statutory provisions to demand supplementary performance, to withdraw from the contract or to reduce the purchase price.

§ 11 Final Clause

(1) The law of the Federal Republic of Germany applies excluding the UN sales law. Compulsory provisions of the state in which you have your habitual residence remain unaffected.

(2) Jurisdiction is Dachau / Germany

(3) Should individual provisions of this contract be ineffective or contradict the statutory provisions, this shall not affect the remainder of the contract. The ineffective provision shall be replaced by mutual agreement by the contracting parties by such a provision, which comes closest to the economic purpose of the invalid provision in a legally effective manner. The above provision applies in case of loopholes accordingly.

Alternative settlement of disputes as per Art. 14 Para. 1 ODR-VO and § 36 VSBG:

The European Commission provides an online dispute resolution (OS) platform available at https://ec.europa.eu/consumers/odr.

We are not obligated nor willing to participate in a dispute settlement procedure before a consumer arbitration board.

Notice: §§ 86 a, 86 StGB

By not expressing themselves to the contrary, buyers assure that they use articles from the time of the Third Reich only for purposes of civic education, the defense of unconstitutional aspirations, art, science, research or teaching, reporting on events of the day or history or for similar purposes (§§ 86 a, 86 StGB).

 

Updated in February 2018