Terms and Conditions
Otto Keramik, Otto Gerharz
General Terms and Conditions
1. Introduction:
The legal relationship between you and me is exclusively governed by the law of the Federal Republic of Germany. The application of international sales law is expressly excluded. If you are a natural person entering into a transaction with me for purposes primarily unrelated to your commercial or independent professional activity, you are a consumer according to § 13 of the German Civil Code. In this case, this choice of law applies only if it does not deprive you of the protection granted by mandatory provisions of the law of the country where you have your habitual residence.
The following terms and conditions supplement and complement these legal provisions. Any conflicting general terms and conditions that you may use are explicitly waived.
2. Conclusion of Contract:
The contract language is exclusively German.
The product descriptions and images in my online shop are not binding offers. They are intended to enable you to submit a binding purchase offer. Please consider that my products are all handmade. The clay molds are cast and dried, followed by manual application of glaze and firing in the oven at a specific temperature. In this process, slight variations in dimensions within the same mold and minor differences in color and texture in the glaze may occur. These are typical for handmade items and are desired. They do not constitute a defect or an undisclosed characteristic.
You can submit an offer through the order form and the described procedure in my online shop. You also have the option to submit this offer by phone, fax, or email.
I can accept this offer within three working days (Saturday not considered a working day). I have the following alternatives:
• I deliver the ordered goods to you. The receipt of the goods by you is decisive.
• I request payment for the goods after you place the order.
• I confirm the order to you in writing or in text form. The acceptance is then effective upon your receipt of this order confirmation.
If I have not accepted the offer within three working days in one of the ways described above, this is considered a rejection, and you are no longer bound to your offer.
3. Payment:
You have the option to pay through PayPal. The terms of use can be found at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. If you do not have an account with this payment service provider, its conditions for payments without a PayPal account apply, viewable at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If you choose this payment method in my online order form, your offer is considered accepted by me at the time you complete the payment process by clicking this button.
4. Order Processing and Data Storage:
If you submit your offer through my online order form, I will store the contract text after the conclusion of the contract and transmit it to you in written or text form (e.g., email) after sending the order.
Therefore, you must ensure that the email address provided in your order is correct, and you can receive emails sent by me. Adjust any spam filters to allow all emails sent by me and the suppliers involved in order processing.
Please note:
I only collect and process data,
• for which you have given your consent according to Art. 6(1)(a) GDPR, or
• which I need according to Art. 6(1)(b) GDPR to fulfill my contractual obligations, or
• which are necessary according to Art. 6(1)(c) GDPR to fulfill legal obligations, or
• which have been processed based on a legitimate interest according to Art. 6(1)(f) GDPR.
By using my online order form, you give your consent according to Art. 6(1)(a) GDPR.
I generally transmit data to third parties only to the extent necessary to fulfill my contractual obligations or legal duties.
I only store personal data for as long as necessary to achieve the processing purpose or as long as it is subject to a legal retention period. Storage beyond that period only occurs if your consent is given, and at most until it is revoked.
You have the right to receive information about the processing of your data free of charge, complete the data, request deletion or blocking of the data under the conditions specified, restrict processing, object to processing, revoke your consent to processing for the future, and lodge a complaint with the competent supervisory authority (see Articles 7(3), 15 to 18, 20, 21, 77 GDPR).
5. Right of Withdrawal:
If you are a consumer (as defined in section 1 of the conditions), you generally have a right of withdrawal. For details, refer to my cancellation policy.
6. Prices:
Unless otherwise stated in the product description, the prices listed include the statutory value-added tax.
Additional shipping costs are separately indicated in the form of my online shop.
For deliveries to countries outside the European Union, additional costs may arise, such as transfer fees, exchange rate fees, customs duties. These are at your expense.
You can find various payment options in my online shop. If invoice purchase is agreed upon as the payment method, the purchase price is due within seven days after receipt of the invoice.
If advance payment is agreed upon, payment is due immediately after the conclusion of the contract, unless we have expressly agreed otherwise in writing.
7. Delivery and Shipping Conditions:
If I have offered shipment of the goods, delivery will be made to the delivery address you provided, unless otherwise agreed.
If delivery is not possible for reasons attributable to you, you bear the costs incurred by me, unless you are a consumer and have effectively exercised your right of withdrawal.
Otherwise, the legal regulations of the German Civil Code (BGB) or Commercial Code (HGB) regarding mail-order purchases apply.
If self-collection is offered, you can pick up the ordered goods from me by prior arrangement. In this case, no shipping costs apply.
8. Retention of Title:
I reserve the right to ownership of the delivered goods until the full purchase price has been paid.
9. Warranty:
The legal regulations apply. If you are a merchant within the meaning of the German Commercial Code (HGB), the provisions of the HGB, especially § 377 HGB, also apply additionally.
If you are a consumer, you are requested to report obvious transport damage to the deliverer and inform me thereof.
10. Miscellaneous:
If a provision of the contract or these terms should be invalid, this does not affect the validity of the remaining provisions. In the case of an invalid provision, we mutually undertake to amend it in such a way that it largely corresponds to our original economic intent.
11. Jurisdiction, Alternative Dispute Resolution:
If you are a merchant, legal entity under public law, public-law special fund, or have no general place of jurisdiction in Germany, the court of jurisdiction for settling claims or disputes arising from or in connection with this contract is the court competent for Rheinbach both in terms of subject matter and location.
This only applies if you are a consumer, and a different place of jurisdiction is prescribed by mandatory provisions of the law of the state where you have your habitual residence.
If you are a consumer, you can use the platform for online dispute resolution offered by the EU Commission, https://ec.europa/consumers/odr . Please note that I am not obligated to participate in a consumer dispute resolution procedure before a consumer arbitration board.
Rheinbach, November 18, 2023
General Terms and Conditions
1. Introduction:
The legal relationship between you and me is exclusively governed by the law of the Federal Republic of Germany. The application of international sales law is expressly excluded. If you are a natural person entering into a transaction with me for purposes primarily unrelated to your commercial or independent professional activity, you are a consumer according to § 13 of the German Civil Code. In this case, this choice of law applies only if it does not deprive you of the protection granted by mandatory provisions of the law of the country where you have your habitual residence.
The following terms and conditions supplement and complement these legal provisions. Any conflicting general terms and conditions that you may use are explicitly waived.
2. Conclusion of Contract:
The contract language is exclusively German.
The product descriptions and images in my online shop are not binding offers. They are intended to enable you to submit a binding purchase offer. Please consider that my products are all handmade. The clay molds are cast and dried, followed by manual application of glaze and firing in the oven at a specific temperature. In this process, slight variations in dimensions within the same mold and minor differences in color and texture in the glaze may occur. These are typical for handmade items and are desired. They do not constitute a defect or an undisclosed characteristic.
You can submit an offer through the order form and the described procedure in my online shop. You also have the option to submit this offer by phone, fax, or email.
I can accept this offer within three working days (Saturday not considered a working day). I have the following alternatives:
• I deliver the ordered goods to you. The receipt of the goods by you is decisive.
• I request payment for the goods after you place the order.
• I confirm the order to you in writing or in text form. The acceptance is then effective upon your receipt of this order confirmation.
If I have not accepted the offer within three working days in one of the ways described above, this is considered a rejection, and you are no longer bound to your offer.
3. Payment:
You have the option to pay through PayPal. The terms of use can be found at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. If you do not have an account with this payment service provider, its conditions for payments without a PayPal account apply, viewable at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If you choose this payment method in my online order form, your offer is considered accepted by me at the time you complete the payment process by clicking this button.
4. Order Processing and Data Storage:
If you submit your offer through my online order form, I will store the contract text after the conclusion of the contract and transmit it to you in written or text form (e.g., email) after sending the order.
Therefore, you must ensure that the email address provided in your order is correct, and you can receive emails sent by me. Adjust any spam filters to allow all emails sent by me and the suppliers involved in order processing.
Please note:
I only collect and process data,
• for which you have given your consent according to Art. 6(1)(a) GDPR, or
• which I need according to Art. 6(1)(b) GDPR to fulfill my contractual obligations, or
• which are necessary according to Art. 6(1)(c) GDPR to fulfill legal obligations, or
• which have been processed based on a legitimate interest according to Art. 6(1)(f) GDPR.
By using my online order form, you give your consent according to Art. 6(1)(a) GDPR.
I generally transmit data to third parties only to the extent necessary to fulfill my contractual obligations or legal duties.
I only store personal data for as long as necessary to achieve the processing purpose or as long as it is subject to a legal retention period. Storage beyond that period only occurs if your consent is given, and at most until it is revoked.
You have the right to receive information about the processing of your data free of charge, complete the data, request deletion or blocking of the data under the conditions specified, restrict processing, object to processing, revoke your consent to processing for the future, and lodge a complaint with the competent supervisory authority (see Articles 7(3), 15 to 18, 20, 21, 77 GDPR).
5. Right of Withdrawal:
If you are a consumer (as defined in section 1 of the conditions), you generally have a right of withdrawal. For details, refer to my cancellation policy.
6. Prices:
Unless otherwise stated in the product description, the prices listed include the statutory value-added tax.
Additional shipping costs are separately indicated in the form of my online shop.
For deliveries to countries outside the European Union, additional costs may arise, such as transfer fees, exchange rate fees, customs duties. These are at your expense.
You can find various payment options in my online shop. If invoice purchase is agreed upon as the payment method, the purchase price is due within seven days after receipt of the invoice.
If advance payment is agreed upon, payment is due immediately after the conclusion of the contract, unless we have expressly agreed otherwise in writing.
7. Delivery and Shipping Conditions:
If I have offered shipment of the goods, delivery will be made to the delivery address you provided, unless otherwise agreed.
If delivery is not possible for reasons attributable to you, you bear the costs incurred by me, unless you are a consumer and have effectively exercised your right of withdrawal.
Otherwise, the legal regulations of the German Civil Code (BGB) or Commercial Code (HGB) regarding mail-order purchases apply.
If self-collection is offered, you can pick up the ordered goods from me by prior arrangement. In this case, no shipping costs apply.
8. Retention of Title:
I reserve the right to ownership of the delivered goods until the full purchase price has been paid.
9. Warranty:
The legal regulations apply. If you are a merchant within the meaning of the German Commercial Code (HGB), the provisions of the HGB, especially § 377 HGB, also apply additionally.
If you are a consumer, you are requested to report obvious transport damage to the deliverer and inform me thereof.
10. Miscellaneous:
If a provision of the contract or these terms should be invalid, this does not affect the validity of the remaining provisions. In the case of an invalid provision, we mutually undertake to amend it in such a way that it largely corresponds to our original economic intent.
11. Jurisdiction, Alternative Dispute Resolution:
If you are a merchant, legal entity under public law, public-law special fund, or have no general place of jurisdiction in Germany, the court of jurisdiction for settling claims or disputes arising from or in connection with this contract is the court competent for Rheinbach both in terms of subject matter and location.
This only applies if you are a consumer, and a different place of jurisdiction is prescribed by mandatory provisions of the law of the state where you have your habitual residence.
If you are a consumer, you can use the platform for online dispute resolution offered by the EU Commission, https://ec.europa/consumers/odr . Please note that I am not obligated to participate in a consumer dispute resolution procedure before a consumer arbitration board.
Rheinbach, November 18, 2023
