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Terms of service

 

§ 1 Definitions

In the terms and conditions of Sperling-Keramik is understood as:

1 Kai Sperling: The contractor who enters into a contractual obligation to deliver goods and / or performance of services.

2 Customer: The contractual partner as principal of Kai Sperling to contracts for supply of goods and / or performance of services.

3 Delivery: The delivering of goods and / or services.


§ 2 Scope

The business relationship between Kai Sperling and the customer, the following general terms and conditions apply in their valid at the time of the order. Different conditions of the customer are not recognized by Kai Sperling, unless Kai Sperling has expressly agreed to their validity in writing.


§ 3 The Conclusion of the contract

1 offers from Kai Sperling are subject to change and until the date on which the contract is concluded, revocable. The contract is only concluded after explicit written acceptance of the order by Kai Sperling. In particular, this is done by sent by e-mail order confirmation to the customer.

 2 It is concluded a contract when the acceptance of the purchase order or service order by Kai Sperling differs in points of secondary importance from the order, without regard to any objections to it by the customer.

3 An order from the customer is used in particular to the filling of the questions on the website available electronic order form, concluded by the customer or by the customer representative in consultation with the customer. The in-owned hard copy of the order form will serve as proof for filling out the purposes of the previous sentence, subject to proof.

4 The ceramics offered at our online shop are simultaneously in the offer of our retail store in Wesel. This can lead to overlaps in exceptional cases in which a ceramic is ordered in the online shop, but already sold in the store. In these cases, there is no obligation to deliver by Kai Sperling to the customer. We endeavor to procure the customer upon request or to make an equivalent ceramic, but of course cannot guarantee this.

5 In addition, the contract is irrevocable.


§ 4 Delivery time, partial delivery, delivery

1 Each customer by Kai Sperling displayed deadline for delivery is only approximate delivery time. The contract may not be terminated and rolled back by the customer for exceeding the indicated delivery time. This does not apply if the customer announced by registered letter within a reasonable delivery time, by Kai Sperling not fully performing the contract after the originally mentioned delivery time. However, a resolution is only allowed so far as reasonably the adherence to the contract can no longer be demanded by the customer.

2 Delivery is usually by the German Parcel Service within 2-5 business days, counted from receipt of the invoice amount. Shipping may take even longer from technical or logistical reasons. Should there be a delay in delivery, Kai Sperling will notify the customer immediately if he has itself  the parcel service information. However, the non-display of the delay does not lead to liability of whatever kind on the part of Kai Sperling.

3 A exceeding of the delivery time shall not be considered as a failure by Kai Sperling, if this is the result of a failure by other or unforeseeable circumstance.

4 As such a circumstance are regarded as especially important: strike, failure by the supplier and / or the transporter, administrative measures (included are foreign authorities and international organizations) as a transport, import, or prohibiting manufacture (with included disabilities through quotas and inability to obtain one or more licenses to import) as well as natural disasters.

5 The delivery to a Customer's designated third party, such as a carrier or a warehouse company, is regarded as fulfillment as same as delivery to the customer.

6 If you are not encountered by our delivery service, despite three delivery attempts, the package will be returned to us. The German post office charges us for a fee of 10 euros, which we will have to bill you. In addition, of course, the stated shipping cost for the attempted delivery shall be payable. For redelivery after returning items the shipping will be recalculated.


§ 5 Passing of risk

The risk of ruin, destruction and / or damage to the goods to be delivered after delivery is transferred to the customer. Delivery is meant under these Terms:

1 If the goods are collected by or on behalf of the customer at the premises of Kai Sperling: The acceptance of the goods by or on behalf of the customer.

2 If between the customer and Kai Sperling is agreed that the goods are brought by a third party to a particular customer or place to be determined: The acceptance of the goods by a third party.


§ 6 Prices

Unless otherwise expressly agreed in writing, all prices are inclusive of VAT as applicable at the time of concluding the contract, excluding shipping costs which can be viewed before ordering and displayed during the order process. This displayed delivery costs are to be considered in certain cases as provisional. For items that need to be transported by freight carrier, shipping costs are matched individually with the customer, because you can not specify a lump sum cost here.

For shipments to countries where the shipping costs are calculated by weight, the customer will be informed by us after checking their order on the actual shipping cost; the shipping costs you may have provided during the ordering process are not binding in these cases.

All verbally or in writing published prices are not binding:

Kai Sperling reserves the right to correct any unintentional mistake in pricing.


§ 7 Payment and Delay

Kai Sperling shipped insured only. Please check the shipment upon delivery, whether it is intact or lodge a complaint for damages or deficiencies immediately upon delivery person and with Kai Sperling.


§ 8 Reservation of ownership

The ownership of the goods supplied stays at Kai Sperling, until the settlement of all claims which the customer owes Kai Sperling of or in connection with the delivery.


§ 9 off, retention

A right of set-off to the customer only if his counterclaims are legally established or recognized by Kai Sperling. In addition, he is only entitled to practice a right of retention when his counterclaim is based on the same contractual relationship.


§ 10 Warranty and Liability

1 If there is a justifiable defect of the goods by Kai Sperling, the customer can require repair or replacement delivery. If Kai Sperling is not willing or not able for rectification / replacement due to disproportion, or if this is delayed beyond a reasonable period for reasons that Kai Sperling is responsible, or fails in any other way, the rectification / replacement delivery fails, the customer has the choice entitled to withdraw from the contract.

2 As far as nothing else, further claims by the customer, regardless for whatever legal reasons, are excluded. Therefore Kai Sperling is not liable for damages that are not caused to the item itself; especially Kai Sperling shall not be liable for lost profits or other financial damages of the customer. Where the liability of Kai Sperling is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.

3 The above limitation of liability does not apply if the damage is caused by intent or gross negligence. It also does not apply if the customer asserts claims under § § 1, 4 Product Liability Act claims because of the lack of a guaranteed property or claims for damages for non-performance in accordance with § § 463, 480 para 2 BGB.

4 If Kai Sperling negligently violated a contractual obligation, the obligation to pay compensation for damage to the typically damage is limited. The warranty period is twenty-four months from delivery. This period is a limitation and applies to claims for compensation for consequential damages, unless tort claims are asserted.


§ 11 Withdrawal and return of goods

Conditions

withdrawal

You can cancel your contract within 14 days without giving reasons in writing (eg letter, fax, e-mail) or - if the goods before the deadline - by returning the goods. The time limit begins after receipt of this instruction in text form, however not before receipt of the goods by the recipient (in case of recurring deliveries of similar goods not before receipt of the first partial delivery) and not before fulfilling our information obligations pursuant to Article 246 § 2 in connection with § 1 Abs . 1 and 2 draft Law and our obligations according to § 312e paragraph 1 sentence 1 BGB in conjunction with Article 246 § 3 BGB. The revocation period is sufficient to send the revocation or thing. The revocation must be sent to:

Sperling Keramik
c/o Kai Sperling,
Neustrasse 48,
46483 Wesel,
Germany

eMail: This email address is being protected from spambots. You need JavaScript enabled to view it.

Fax: 0281/51452

consequences of revocation

In case of an effective cancellation the mutually received benefits are to be returned and any benefits (eg interest) surrendered. Can you give us the performance received whole or in part, or return them in a deteriorated condition, you must pay us compensation for the value. With the release of things this does not apply if the deterioration is exclusively due to their inspection - it - as it would have been about you at our store. In addition, you can avoid the obligation to pay compensation for a determination by the proper use of the thing, by not using the goods as your property and omitting everything, which impairs their value. Transportable items are to be returned at our risk. You have to bear the cost of returning the goods if the delivered goods ordered corresponds and if the price of the returned goods does not exceed an amount of 40 euros or if you are at a higher price the thing at the time of the revocation yet the return or a contractually have produced agreed partial payment. Otherwise the return is free for you. Not parcel things do you pick. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you when you send your cancellation or the goods, for us with their reception.

End of cancellation policy


§ 12 product representation

Kai Sperling always tries to clearly and faithfully represent the product offered on the websites. In some cases, the colors of the pictures may differ from the actual colors of the item. The representation depends on the settings and different types for the used at the customer's hardware. Possible variations of the colors are not a defect of the sold products.


§ 13 Data Protection

1 The customer has been informed in detail of the nature, extent, place and purpose of the collection, processing and use of personal data necessary for the execution of orders, the registration to the email notification service, the transmission of an online review by Kai Sperling. The customer agrees to the collection, processing and use of personal data expressly.

2 The personal data of customers and all order information is treated with the utmost confidentiality. All customers will be in accordance with relevant regulations of the Federal Data Protection Act (BDSG) and the Teleservices Data Protection Act () stored and processed. Kai Sperling will not give the personal or factual information including home address and e-mail address without express revocable consent to third parties. Excluded are service partners Kai Sperling need for regular order processing (eg the staff responsible for the shipping company, the staff responsible for processing payments as well as the "Credit Reform Münster bolt & bolt KG" for credit check for new customers). In these cases, the amount of transferred data is limited to the minimum necessary.

3 The transfer of customer and order information is encrypted. For encryption (Secure Socket Layer) SSL is used. The encryption is performed by the web host for Kai Sperling whose certificate is used. The customer has the right at any time to receive free information about the stored data. Please send an email to This email address is being protected from spambots. You need JavaScript enabled to view it.. For privacy reasons, the answer to the e-mail may only be made to the email address provided by you at Kai Sperling.

4 The address information of new customers will be examined for correctness under the credit check using the database of the "Credit Reform Münster bolt & bolt KG".

5 This website uses Google Analytics, a web analytics service provided by Google Inc. ("Google") Google Analytics uses "cookies", text files that are stored on your computer and which enable an analysis of your use of the website. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to a Google server in the USA and stored there. Google will use this information to evaluate your use of the website, compiling reports on website activity for website operators and providing other with website and internet related services. Google may also transfer this information to third parties unless required by law or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser; however, we point out that you may not be able to use all functions of this website in this case. By using this site, you agree to the processing of data about you by Google in the manner described above and for the aforementioned purpose.

The data collection and storage can be revoked at any time with effect for the future. Given the debate about the use of analytical tools with full IP addresses, we would like to point out that this website uses Google Analytics with the extension "_anonymizeIp ()" and therefore IP addresses will be processed only shortened to exclude a direct personal.


§ 14 Provider Identification

Kai Sperling

Neustrasse 48

46483 Wesel

Sales expensive identification number: DE 238 780 299

Telephone +49 (0) 281/51 452

www.sperling-keramik.de

This email address is being protected from spambots. You need JavaScript enabled to view it.


§ 15 Copyright

The pages of our online shops as well as the texts and images contained are protected by copyright pursuant to § 72 German Copyright Act. Publication, duplication, dissemination and imitation are only allowed with written permission by Kai Sperling.


§ 16 Applicable law and jurisdiction

German law applies. The parties agree to all legal relations arising from this contractual relationship, the application of the law of the Republic of Germany under exclusion of the UN Sales Convention, even if ordered from foreign or delivered abroad. The place of jurisdiction for legal disputes arising from this contract is Münster / Westphalia.


§ 17 Newsletter by e-mail

Customers who order from our online shop will automatically receive our free newsletter with special offers from our online store. This will send usually at the beginnig each montht (1x per month) and is no junk mail. The customer can unsubscribe by email to the owner of the website at any time, or direct from the website in the appropriate menu item from the newsletter tab. If the customer does not want a newsletter, he can "Comments" to tell us this during the order process on the field and will not get the newsletter.


§ 18 Disclaimer

 

Printing errors reserved. Kai Sperling accepts no liability for the constant and uninterrupted availability of the website Sperling-keramik.de and for technical or electronic errors of the online service.

Contact

Business hours

Monday 08 am - 14 pm
Tuesday - Friday 08 am - 15 pm
Saturday closed

About 'Sperling Keramik'

 

Handmade ceramics from Germany. Quality and artistry for the highest standards.

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Sperling Keramik ships to almost every country on earth. Take a look at our packaging & shipping...

 

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