Conditions of Use
General terms and conditions
Of the company
Airstream Gourmet GmbH
Im Grund 20,
Berlin
Germany
hereinafter called seller
District Court: Handelsregister Abteilung B
Amtsgericht Charlottenburg-HRB 132645 B
Ust-Id-Nr.: DE 276014592
Managing Director and shareholder: Irina Remontova
Stand: December 2011
§ 1 Common things
1. The seller offers stoneware of all kind on the website www.airstream-gourmet.com. The following general conditions are valid for the business relation between vendor and seller.
2. A consumer in terms of these terms of these general conditions is any physical person that enters legal business for a purpose that can be attributed neither to their employment nor to their self-employed occupational activity.
For the purposes of these General Terms of Business, business people is to be understood as any natural or legal entity or a personal society with legal capacity, which acts in fulfillment of his/her commercial or free-lance activities when concluding the contract.
Customers in terms of these general conditions are consumers as well as entrepreneurs.
3. The general conditions become ineffective as soon as individual agreements are agreed. The customer's own business conditions do not enter the contract, except if the seller agrees explicitly.
§ 2 Contracting
1. All offers are non-binding and non-obligatory. The ordered products may vary slightly from the shown products in the internet due to technical possibilities of demonstration. Especially the color may vary.
2. The order of the customer can be done per Fax, Email or via the online-form on the website. By placing an order the user makes a binding offer to purchase the respective product. By clicking the button "Confirm Order" within the ordering process on the website www.airstream-gourmet.com the customer gives a binding order of the products in the shopping cart.
The seller will acknowledge the receipt of such order immediately per Fax or per E-mail. The confirmation of receipt does not however constitute a binding acceptance of the order. The contract therefore does not become binding by receipt of the order but with the sending of the confirmation of delivery or with delivery of the product.
Any acceptance of orders made by telephone shall not be binding as long as there is no other agreement.
3. The vendor has the right to accept the contract offer made in the order within two weeks. Electronically placed orders authorize the seller to accept the order within five working days after receipt. If the seller delivers the ordered Product within this time it's also an acceptance.
The seller reserves the right to decline an order, for example upon evaluation of the customer's creditworthiness.
4. The contract is concluded under the provision that in case of not correct or not proper delivery of our subcontractors not to deliver or only in parts.
This only applies if the not-delivery can not be accepted by the seller and he a concrete coverage transaction has been concluded with the supplier.
The seller will do every reasonable effort in order to obtain the ordered products. Otherwise the already paid money will be given back immediately. The seller shall inform the customer immediately in case the required products are unavailable or only partially available
5. If the user orders the product by electronic means, the seller shall save the ordering information but not the whole text of contract (the valid general terms and conditions). The buyer will get an e-mail with the general terms and conditions after conclusion of contract.
§ 3 Reservation of ownership and withdrawal
1. The goods supplied to the buyer remain the property of the seller until their complete payment.
Handling companies the seller reserves the ownership of the products until all liabilities of the buyer have been settled as a result of this business connection.
2. In the case of breach of contract by the customer, in particular if payments are in arrears, if false statements are proved concerning the creditworthiness or if a request for the opening of insolvency proceedings on Purchaser's assets has been filed we are entitled to enforce our reservation of title by reclaiming the goods.
3. The customer has the right to sell the merchandise in the normal course of business dealings. The vendor shall settle immediately all outstanding debts that they incur through the resale of the goods to a third party to the value of the invoice amount. The seller accepts the outstanding debts. After completion of the assignment, the contractor shall be entitled to collect the claim. The seller reserves the right to collect the receivables ourselves in case the customer does not meet his payment obligations and is in default of payment.
Upon the buyer's request the seller shall undertake to release the securities he is entitled to immediately as soon as the realizable value of the securities exceeds the securities by more than 10%. The choice of the securities to be released shall be the seller's.
§ 4 Compensation
1. The given price is binding. The price contains the legal VAT.
2. Contracts in distance selling contain additional shipping costs according § 5 of these general conditions.
3. The customer shall only be entitled to a right of set-off or retention provided that his counter claims have been judicially determined, or are uncontested or acknowledged by the seller. The customer may only exercise his right to refuse performance where his counterclaim arises from the same contractual relationship.
4. The binding prices at Porzellantreff.de are in EURO and payable in EURO by the customer. Other currencies on the basis of ECB (based on the exchange rate of the European Central Bank at the time of 15 clock of the day before Central European Time) are given for informational purposes only. Porzellantreff.de does not guarantee the accuracy, completeness and timeliness of the currency conversion, foreign exchange rates or use of fees.
The illustrated net price is only for customers outside the EU and for commercial customers with sales tax identification number within the territory of the European Union.
§ 5 Payment and shipping costs
1. The vendor can pay the price per invoice (inland only), prepayment, cash on delivery, PayPal and credit card. The seller reserves the right to exclude specific methods of payment.
2. When you choose payment method "payment in advance, PayPal or credit card" the goods will only be dispatched once the funds arrive in total. When choosing payment "cash at delivery or invoice" the goods will be shipped within 1-5days after order.
3. Shipping causes additional shipping costs according to our shipping costs table.
§ 6 Delivery
1. We deliver in single countries of Europe, for further information please look at the shipping costs table.
2. Goods in stock will be shipped within 1-5 days.
3. If the ordered products are not in stock the seller will order it immediately and will inform the customer immediately and tell him or her a presumed delivery date. These products are highlighted accordingly on the website.
Related to the possible incorrect or improper delivery by our suppliers the seller references to § 2 part 4 of these conditions.
4. The seller has the right to part deliveries as long as a partial delivery is capable for the customer referring back to the sellers interests. This will cause no additional costs for the customer.
§ 7 Passing of risk
The risk of accidental loss or accidental depreciation of the goods shall pass to the customer on delivery to the customer.
The risk of accidental loss or accidental depreciation of the goods shall pass to the forwarding agent, forwarder or to the person in charge of shipping when a company is the customer.
Delivery shall have occurred even if the buyer is in default with respect to acceptance.
§ 8 Right of withdrawal for consumers
- Cancellation policy
You can withdraw from your contract within two weeks in text-form (e.g. letter, Fax, E-Mail) without giving any reasons or if the ordered articles should have reached you within this time, by sending it back to us. The time begins after having received this advice in text-form but not before the receiver has received the product (in case of returning delivery of products of a kind not before delivery of the first part-delivery) and also not before fulfillment of our information-duty according to § 312 c Abs. 2 BGB in connection with § 1 Abs. 1,2 and 4 BGB-InfoV and our duties according to § 312 e Abs. 1 S. 1 BGB in connection with § 3 BGB-InfoV. To comply with the withdrawal-deadline it’s enough to send the withdrawal in time or to send the ordered product back within the deadline.
The withdrawal-address is:
Airstream Gourmet GmbH
Im Grund 20
13591, Berlin, Germany
Email: info@airstream-gourmet.com
Withdrawal consequences:
In case of an effective withdrawal the received services of both sides have to be returned and eventually occurred uses (e.g. interests) have to be paid. If you cannot return the received services to us, or if you can return the services only in part or in deteriorated condition, you may have to compensate us accordingly. In the case of delivery of the products. This shall not apply if the deterioration of the goods is attributed exclusively to inspection of the goods as would have been possible for you in the store, for example. In addition you can avoid paying compensation of the value by using the goods not in a way as they would be your property and by refraining anything that could affect their value. Goods capable of being sent by parcel post should be returned to us at our risk.
The buyer has to pay the costs of the reshipment, if the delivered goods match with the ordered goods and if the price of the reshipped goods do not exceed an amount of 40,00 EUR or if the buyer at a higher price of the good has not rendered the trade-off or the contractual agreed partial payment at the time of the countermand. Otherwise shipping is for free.
Items not able to be sent in a package shall be picked up.
Obligations to refund payments must be met within 30 days. The time limit for the buyer starts with the sending of the withdrawal notice or with sending of the product and for us when receiving the product.
The withdrawal policy is not valid for items according to § 312 d Abs. 4 BGB These are (and so are others):
Products that have been assembled according to customer's specifications or are clearly adapted to personal requirements or by reason of their nature are not suitable for return shipment, or may deteriorate rapidly or if after shipping their sell-by-date would be exceeded.
- Deliveries of Audio- and Video recordings or of software as soon as
The sealing of the delivered data medium has been broken.
- End of cancellation policy
§ 9 Warranty
1. The delivered products may differ slightly from the shown products in the internet. We refer to § 2 No.1 sentence 2 of this general conditions.
The vendor has the option as to whether subsequent fulfillment should be provided in the form of repair or replacement. The seller is entitled to refuse the chosen kind of subsequent performance if such performance is only possible at unreasonable costs and the alternative form of subsequent performance does not involve substantial disadvantages for the vendor.
For companies we will choose initially a remedy or replacement for our warranty on deficiencies on the product.
If the subsequent performance fails, the customer may generally demand either a reduction in the remuneration or cancellation of the agreement (withdraw) as it sees fit. The right of cancellation shall not exist if the defect is irrelevant with respect to both sides’ interests. If the vendor claims for compensation of damages, the limitation of liability in § 10 figure 1 of these general conditions apply.
Corporate customers must report obvious defects within 3 weeks after receipt of the products, lest any warranty claims shall be excluded. The punctual dispatch or information suffices to comply with the time limit. The full onus of proof concerning any and all requirements to be met for asserting the claim, notably the defect itself, the date of identifying the defect and the timeliness of the complaint shall be on the ordering company. For merchants § 377 HGB is valid.
If the customer is a company, basically only the product description from the manufacturer shall be deemed as agreed upon as the quality of the products. Public statements, prices or advertisements by the manufacturer shall not constitute the contractually agreed properties of the products.
6. The warranty for consumers is two years from delivery. Differing from that the warranty period shall be one year for companies. The warranty period for used products differs from that and is one year from delivery. The warranty period of one year does not apply if as well the seller is to blame for gross fault or applicable malice as well as in the case of the assignable cause relating to body and health damage or with the loss of the buyer's life in case of a guarantee and in case of a delivery regress according to §§ 478, 479 BGB. The liability according to the product liability law remains untouched from this.
7. The buyer does not receive any warranty in the legal sense through the seller. Manufacturers’ warranties stay untouched from that.
§ 10 Liability limitations
1. Our liability for breaches of duty resulting from slight negligence is limited to those damages characteristic of the type of transaction, contract-typical immediate average damage. This also applies in the case of slight negligence by the seller's legal representatives, vicarious agents and employees. The liability of the seller to easily negligent injury of insignificant contractual obligations is excluded. The seller is liable for the violation of essential contractual legal positions of the vendor. Essential contractual duties are duties which are granted to the buyer by contract with regard to its content and purpose. The seller is also liable for the violation those obligations which the contract has to grant to the signatory in order and on whose compliance the buyer can trust regularly.
The above limitation of liability does not apply to the claims of the "Buyer" from product liability. This does not apply in the case of malice as well as in the case of the assignable cause relating to body and health damage or with the loss of the buyer's life.
2. The seller is only liable for own contents on the website of his online-shop. Where access to other websites is provided by means of links, we shall not be liable for any contents on such websites which have not been published by us. He does not make the contents of them to his own should the seller become aware of unlawful content on external websites, we will immediately block access to these sites.
§ 11 Possibility of tax-free delivery of customers of not-EU-countries or with special status
1. Customers which are not settled in the EU will be delivered tax-free complying with the following conditions.
a) Conditions of mail-order business:
The customer gives an order of delivery in the mail-order business. The order has necessarily been given containing a home address and invoice address in a non-EU-country and with delivery address in a non-EU-country. The delivery of the products will be done by a parcel service.
b) Conditions of non-commercial travelling traffic.
The minimum order-value is 200.00€. The customer, when bringing the goods to a non-EU-country, has to be given an export certificate for non-commercial travelling traffic (§ 6 Abs 3a UStG) by the customs department according to the form of the German secretary of Finance (BMF) and sends it together with the original invoice to the seller. The customer pays the German tax to the seller as a deposit. This deposit will be transferred to the customer in the moment of arrival of the original invoice and the export document of the export certificate at the seller.
2. 2. Customers with special status (e.g. employees of embassies and members of foreign NATO-Forces) will additionally to the conditions of figure 1 be delivered at free of tax when the customer advises the special status in an additional e-mail when placing the order.
3. 3. A subsequent change of an invoice after delivery to a German delivery address is not possible due to tax-regulations and technical purposes of our online-shop. In this case the price is the same as shown in the shop.
§ 12 Data security and Privacy Policy
All customer data is saved and processed by the seller in accordance with the pertinent regulations of the Federal Information Protection Law (BDSG) and the Teleservice Information Protection Law (TDDSG). Your personal data will be used exclusively for processing the order unless the buyer wants additional services. The whole text of contract of a concluded contract shall not be saved.
2. The customer agrees for the seller to lodging, processing and using his personal data for the fulfillment of the business purpose.
3. We will not share any personal customer data with third parties. Excluded are service partners who require the data in order to process orders. In these cases the range of the conveyed data is limited however to the necessary minimum.
The customer has the right to correction, blocking, and deletion of your stored information. The customer may let his data be deleted at any time. The customer furthermore has the right to be informed about the state of his data at any time using the email: info@porzellantreff.de. When legal or contractual storage duties contradict to the deletion the data will be blocked.
5. The personal date of the customer will of course be handled confidentially and will not be passed on for purposes of advertisement or market research.
§ 13 changes of the general conditions
1. The seller reserves the right to change these general business conditions at any time while observing an appropriate period of notice of at least 2 weeks. The notification will be done by publication of the changed general conditions containing the date of validation in the internet on the website www.porzellantreff.de.
The changed general terms are accepted if the customer does not contradict within two weeks after publishing. The publication of the change will contain a special indication regarding the two-week-deadline.
§ 14 Final provisions
1. The law of the Federal Republic of Germany is valid. For customers, this choice of law only applies to the extent that the granted protection is not withdrawn by imperative provisions of the law of the country, or state, the customer normally resides in.
The legislations of the UN law of purchase are not valid.
If the customer is a trader, a legal person under public law or a public special estate, the exclusive place of jurisdiction for any disputes arising out of this contract shall be the location of our registered office alas there is no excluding place of jurisdiction. The seller is also authorized to bring suit against the customer at the court in his area of residence.