General Terms and Conditions of Business
Robbe & Berking manufactory online shop
1) Scope of application
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") apply to all contracts for the delivery of goods concluded via the manufactory online shop with Robbe & Berking Silbermanufaktur seit 1874 GmbH & Co. KG, Zur Bleiche 47 in 24941 Flensburg, Germany, telephone number: +49 (461) 90306-0, e-mail: firstname.lastname@example.org (hereinafter referred to as "Robbe & Berking"), irrespective of whether the customer is a consumer or contractor. These GTC apply accordingly to contracts for the delivery of vouchers, unless otherwise expressly stipulated. The version of the GTC valid at the time of the respective order shall be authoritative.
1.2 Robbe & Berking's GTC apply exclusively. Robbe & Berking hereby objects to the inclusion of the customer's general terms and conditions of business. They only become part of the contract insofar as Robbe & Berking has agreed to their validity in text form.
1.3 Individual agreements made with the customer in individual cases (including ancillary agreements, supplements and amendments) shall in all cases take precedence over these GTC. Subject to proof to the contrary, a written contract or our written confirmation shall be authoritative for the content of such agreements.
1.4 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. A contractor within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity.
2) Conclusion of contract
2.1 The presentations and descriptions of products contained in Robbe & Berking's online shop do not constitute binding offers to conclude a purchase contract on the part of Robbe & Berking, but merely serve to enable the customer to submit a binding offer. Images in the online shop represent an item of goods only in exemplary form, which may differ from the original in scale and appearance. The customer's actual delivery claim exists only for an item of the same type or equivalent value.
2.2 The customer can submit its offer via the online order form integrated in the Robbe & Berking online shop. After placing the selected goods in the virtual shopping basket and completing the electronic ordering process, the customer submits a legally binding offer to enter into a contract with regard to the goods contained in the shopping basket by clicking the "BUY NOW" button which concludes the ordering process.
2.3 The receipt of the order shall be confirmed to the customer immediately by e-mail. Such an e-mail does not constitute a binding acceptance of the order. It merely documents that the order has been received by Robbe & Berking.
2.4 Robbe & Berking may accept the customer's offer within five (5) days:
- By Robbe & Berking sending the customer a written order confirmation or an order confirmation in text form (e-mail), with the receipt of the order confirmation by the customer being decisive in this respect.
- By Robbe & Berking sending the customer a confirmation of dispatch in text form (e-mail), with the receipt of the confirmation of dispatch by the customer being decisive.
- By Robbe & Berking delivering the ordered goods to the customer, with the receipt of the goods by the customer being decisive in this respect.
If multiple of the aforementioned alternatives exist, the contract shall be concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the dispatch of the offer by the customer and ends with the expiry of the fifth working day which follows the dispatch of the offer. If Robbe & Berking does not accept the customer's offer within the aforementioned period, the shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by its declaration of intent.
2.5 When an offer is made via Robbe & Berking's online order form, the text of the contract is stored by Robbe & Berking after the contract is concluded. If the customer has set up a user account in the Robbe & Berking online shop before sending its order, the order data shall be archived on the Robbe & Berking website and can be accessed free of charge by the customer via its password-protected user account by providing the relevant login data. In addition, the customer has the option of saving the GTC and the cancellation policy before concluding the contract as part of the ordering process. In addition, the text of the contract shall be sent to the customer on a durable data medium (e-mail or paper printout) either in the order confirmation or in the shipping confirmation, but no later than upon delivery of the goods. Robbe & Berking shall not make the text of the contract accessible beyond this.
2.6 Before binding submission of the order via Robbe & Berking's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better identification of input errors can be the browser's zoom function, which enlarges the display on the screen. Within the framework of the electronic ordering process, the customer can correct its entries using the usual keyboard and mouse functions until it clicks on the button at the end of the ordering process.
2.7 The exclusive contractual language is German.
2.8 Robbe & Berking is entitled to limit the order to the customary quantity. This refers both to the number of products ordered as part of one order and to the placement of multiple orders of the same product where the individual orders already comprise a customary quantity.
2.9 Order processing and initial contact are usually performed by e-mail and automated order processing. The customer must ensure that the e-mail address it has provided for order processing is correct so that e-mails sent by Robbe & Berking can be received at this address. Otherwise, the contract between the customer and Robbe & Berking is invalid subject to dissolution.
In particular, when using SPAM filters, the customer must ensure that all e-mails sent by Robbe & Berking or third parties it commissions to process the order can be delivered.
3) Right of withdrawal
3.1 If the contractual partner is a consumer (i.e. a natural person who places the order for a purpose that cannot predominantly be attributed to its commercial or self-employed professional activity), it is generally entitled to a right of withdrawal in accordance with the statutory provisions when concluding a remote selling transaction.
3.2 If the contractual partner, as a consumer, makes use of its statutory right of withdrawal referred to in the preceding paragraph, it shall bear the regular costs of the return shipment.
3.3 In all other respects, the right of withdrawal shall be governed by the provisions set forth in detail below
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without needing to state any reasons.
The withdrawal period is fourteen days from the day on which you or a third party you have designated, who is not the consigner, took or has taken possession of the last goods.
To exercise your right of withdrawal, you will need to inform us
Robbe & Berking Silbermanufaktur seit 1874 GmbH &
Zur Bleiche 47
Telephone: +49 (461) 90306-0
by means of a clear declaration (e.g. a letter or email sent by post) about your decision to withdraw from this contract. You may use the attached sample withdrawal form, but this is not mandatory.
In order to comply with the withdrawal period, it is sufficient that the notification of the exercise of the withdrawal right is sent to us prior to expiry of the withdrawal period.
Consequences of withdrawal
If you withdraw from this contract, Robbe & Berking must return to you all payments that Robbe & Berking has received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by Robbe & Berking), without delay and at the latest within fourteen days of the day on which Robbe & Berking receives notification of your withdrawal from this contract. Robbe & Berking uses the same method of payment for the refund that was used for the initial transaction, unless otherwise expressly agreed; in no case will you incur any fees for this repayment. Robbe & Berking may refuse reimbursement until Robbe & Berking have received the returned goods or until you have provided proof that the goods have been sent back depending on which is the earlier point in time.
You must return or hand over the goods immediately and, in any case, no later than fourteen days from the day on which you notify Robbe & Berking of the withdrawal from this contract to
Robbe & Berking Silbermanufaktur seit 1874 GmbH &
Zur Bleiche 47
The deadline is met if you dispatch the goods before the expiry of the fourteen-day deadline. You shall bear the direct costs of returning the goods. In the case of goods that cannot be returned normally by post due to their nature, you shall bear the direct costs of returning the goods. The costs within Germany are estimated at a maximum of around EUR 200.00.
You shall only be liable for any loss in value of the goods if such loss in value is due to handling of the goods which is not necessary for checking the nature, properties and functioning of the goods.
– End of withdrawal policy –
3.4 The right of withdrawal does not apply to remote contracts:
- For the supply of goods which are not prefabricated and for the manufacture of which individual choice or destination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
- For the supply of sealed goods which, for health or hygiene reasons, are not suitable for return if their seal has been removed after delivery.
Sample withdrawal form
(If you would like to cancel the contract, please complete this form and return it.)
To Robbe & Berking Silbermanufaktur seit 1874 GmbH & Co. KG, Zur Bleiche 47, 24941 Flensburg, Germany, E-mail: email@example.com:
I/We (*) hereby cancel the contract concluded by me/us (*) regarding the sale of the following goods (*)/provision of the following service (*)
Ordered on (*)/received on (*)
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only if communicated on paper)
(*) Delete as applicable.
4) Prices and terms of payment
4.1 Unless otherwise stated in Robbe & Berking's product description, the prices quoted are gross prices including statutory value-added tax and do not include any shipping costs that may be incurred. The customer can find out whether delivery and shipping costs are incurred and how high they are in the shipping costs overview. They are also displayed in the order mask before the customer sends the order.
4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which Robbe & Berking is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may be incurred in relation to the transfer of funds even if the delivery is not made to a country outside the European Union but the customer makes the payment from a country outside the European Union.
4.3 Payment of the purchase price (invoice amount) is due immediately upon conclusion of the contract. This also applies if the customer decides to collect goods ordered via the manufactory online shop from a branch.
4.4 The following payment methods are generally available to the customer: Prepayment, PayPal, Amazon Pay and credit card (American Express, Mastercard, Visa). Robbe & Berking reserves the right to exclude individual payment methods.
4.5 If prepayment is chosen, Robbe & Berking shall provide the customer with its bank details in the order confirmation. The invoice amount shall then be paid within six (6) working days. The goods shall only be dispatched after receipt of payment. The customer's obligation to pay in advance is justified at least in view of the risk of default due to the large number of orders and the higher cost of performance (production or procurement, packaging and shipping).
4.6 If you choose to pay by credit card, the invoice amount shall be reserved on your credit card on the day of your order and charged on the day the goods are dispatched.
4.8 When paying via Amazon Pay , payment is made using the payment method stored in your Amazon customer account. In order to be able to pay the invoice amount via the payment service provider Amazon Payments Europe s.c.a. 38 avenue J.F. Kennedy, L-1855 Luxembourg ("Amazon"), you must be registered by having a customer account with Amazon, legitimise yourself with your Amazon login details and confirm the payment instruction. The invoice amount shall be debited from your Amazon Payments customer account after you have received our order confirmation.
4.9 The customer is not entitled to set off claims against Robbe & Berking's claims unless its counterclaims have been legally established or are undisputed. The customer is also entitled to offset against Robbe & Berking's claims if it asserts notices of defects or counterclaims from the same purchase contract.
4.10 The purchaser may only exercise its right of retention if its counterclaim arises from the same contractual relationship.
5) Delivery and shipping conditions
5.1 The delivery period for cutlery is approximately five (5) working days. If the ordered goods are tableware and/or gift items, the delivery period is approximately twenty-one (21) working days. If an engraving has also been ordered, the above delivery periods shall be increased by approximately five (5) working days in each case. The above delivery periods apply subject to the proviso that no other indication has been made on the website of the individual product or in the order confirmation. The delivery period begins with the conclusion of the contract, unless the customer has chosen the payment method prepayment. In this case, the delivery period begins with the payment of the purchase price. If the customer is a contractor, the aforementioned delivery periods shall apply subject to timely self-supply of raw materials. The delivery period begins with the conclusion of the contract, unless the customer has chosen the payment method prepayment. In this case, the delivery period begins with the payment of the purchase price.
5.2 Robbe & Berking is entitled to partial performance and partial deliveries, provided that these are reasonable for the customer. Furthermore, this entitlement only exists if the partial delivery is usable for the customer within the scope of the contractual purpose, the delivery or performance of the remaining ordered goods is ensured and the customer does not incur any significant additional expenditure or additional costs as a result. Partial deliveries due to packaging and/or weight are permissible in any case in the case of separately usable goods included in an order, since in this case Robbe & Berking shall bear the additional transport costs caused by the partial delivery. Robbe & Berking shall point this out to the customer in the shipping confirmation.
5.3 The delivery of goods shall be effected by dispatch to the delivery address specified by the customer, unless otherwise agreed in text form.
5.4 If the Customer is acting as a contractor, the risk of accidental loss and accidental deterioration of the sold goods passes to the customer as soon as Robbe & Berking has delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall in principle only pass to the customer or a person authorised to receive the goods when the goods are handed over. By way of derogation from this, the risk of accidental loss and accidental deterioration of the sold goods also in the case of consumers already passes to the customer as soon as Robbe & Berking has delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment, if the customer commissions the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment to carry out the shipment and Robbe & Berking has not previously named this person or institution to the customer.
5.5 If the transport company returns the shipped goods to Robbe & Berking because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful shipment. This does not apply if the circumstance which led to the impossibility of delivery is beyond the customer's control or if the customer was temporarily prevented from accepting the offered performance, unless Robbe & Berking had given the customer reasonable advance notice of the performance. Furthermore, this does not apply with regard to the costs for the return if the customer effectively exercises its right of withdrawal. In the event of effective exercise of the right of withdrawal by the customer, the provision made in Robbe & Berking's withdrawal policy shall apply to the costs of returning the goods.
5.6 Robbe & Berking reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies in the event that Robbe & Berking is not responsible for the non-delivery and the latter has concluded a specific covering transaction with the supplier with due diligence. Robbe & Berking shall make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the customer shall be informed immediately and the consideration shall be refunded without delay.
5.7 Robbe & Berking is not liable for impossibility of delivery or for delays in delivery insofar as these are caused by force majeure or other events that were not foreseeable at the time the contract was concluded and for which Robbe & Berking is not responsible. Unforeseeable events within the meaning of this provision are, for example, pandemics, operational disruptions of any kind, difficulties in the procurement of materials or energy, transport delays, strikes, lawful lockouts, shortages of labour, energy or raw materials, difficulties in obtaining necessary official permits, official measures or extraordinary weather conditions and the failure of suppliers to deliver, to deliver correctly or to deliver on time. If such events make delivery considerably more difficult or impossible for Robbe & Berking and the hindrance is not only of temporary duration, Robbe & Berking is entitled to withdraw from the contract. However, this right of withdrawal only exists vis-à-vis a consumer if Robbe & Berking immediately informs the consumer of the non-availability and immediately reimburses any consideration received. In the event of hindrances of temporary duration, any delivery dates shall be postponed by the period of the hindrance plus a reasonable start-up period. Insofar as the customer cannot reasonably be expected to accept the delivery as a result of the delay, it may withdraw from the contract by giving immediate written notice to Robbe & Berking.
5.8 Robbe & Berking may – without prejudice to the rights arising from default – demand from the customer an extension of delivery or handover deadlines or a postponement of delivery dates by the period during which the customer does not fulfil its contractual obligations towards Robbe & Berking. This refers in particular to delivery or payment deadlines to be met by the customer itself.
5.9 Vouchers shall be provided to the customer as follows:
- By e-mail
6) Reservation of proprietary rights
6.1 With respect to consumers, Robbe & Berking retains ownership of the delivered goods until the purchase price owed has been paid in full.
6.2 With respect to contractors, Robbe & Berking retains ownership of the delivered goods until all claims arising from an ongoing business relationship have been settled in full.
6.3 If the customer acts as a contractor, it is entitled to resell the reserved goods in the ordinary course of business. The customer assigns all claims against third parties arising from this in advance to Robbe & Berking in the amount of the respective invoice value (including VAT). This assignment shall apply regardless of whether the reserved goods have been resold without or after processing. The customer remains authorised to collect the claims even after the assignment. Robbe & Berking's authority to collect the claims itself remains unaffected by this. However, Robbe & Berking shall not collect the claims as long as the customer meets its payment obligations to Robbe & Berking, is not in default of payment and no application for the opening of insolvency proceedings has been filed.
7) Liability for defects (warranty)
The products sold in the manufactory online shop are handmade products. There may therefore be slight deviations in shape, colour or decor due to the handmade nature of the products. These slight deviations therefore do not constitute a defect within the meaning of this regulation, provided that the value of the product is not unreasonably impaired as a result.
If the purchased item is defective, the provisions of the statutory liability for defects shall apply. Notwithstanding the foregoing:
7.1 If the customer is acting as a contractor:
- Robbe & Berking shall have the choice of the type of subsequent performance.
- In the case of new goods, the limitation period for defects shall be one year from the transfer of risk.
- The rights and claims due to defects are generally excluded in the case of used goods.
- The limitation period shall not recommence if a replacement delivery is made within the scope of liability for defects.
7.2 If the customer is acting as a consumer, the following restriction applies to used goods: Claims for defects are excluded if the defect only occurs after the expiry of one year from delivery of the goods. Defects occurring within one year of delivery of the goods may be claimed within the statutory limitation period.
7.3 The limitations of liability and shortening of deadlines regulated in the above clauses do not apply:
- For items which have been used for a building in accordance with their customary use and have caused its defectiveness.
- For claims for damages and reimbursement of expenses of the customer.
- In the event that Robbe & Berking has fraudulently concealed the defect.
7.4 Furthermore, for contractors, the statutory limitation periods for the right of recourse pursuant to Section 445b of the German Civil Code (BGB) shall remain unaffected
7.5 If the customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), it shall be subject to the commercial duty of inspection and notification of defects pursuant to Section 377 HGB. If the customer fails to comply with the notification obligations regulated therein, the goods shall be deemed to have been approved.
7.6 If the customer is acting as a consumer, it is requested to complain about delivered goods with obvious transport damage to the deliverer and to inform Robbe & Berking of this. If the customer does not comply with this, this shall have no effect on its statutory or contractual claims for defects.
7.7 The warranty does not apply if the customer modifies the object of the contract or has it modified by a third party without Robbe & Berking's consent and this makes it impossible or unreasonably difficult to remedy the defect or if the customer violates the care and handling instructions in accordance with item 10). In any case, the customer shall bear the additional costs of remedying the defect resulting from the modification.
8.1 Robbe & Berking is liable to the customer in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for compensation or reimbursement of futile expenses.
8.2 In other cases, Robbe & Berking is liable – unless otherwise specified in 8.4 – only in the event of a breach of a contractual obligation, the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which the customer may regularly rely (cardinal obligation), and limited to compensation for the foreseeable and typical damage. In all other cases, our liability is excluded subject to the provision in 8.4. Liability also lapses if the customer modifies the object of the contract or has it modified by third parties without Robbe & Berking's consent or if the customer breaches the care and handling instructions in accordance with clause 10).
8.3 However, the above liability is limited to an amount of EUR 1,000,000.00.
8.4 The restrictions of 8.1 to 8.3 also apply in favour of our legal representatives and vicarious agents if claims are asserted directly against them.
8.5 Our liability for damages arising from injury to life, body or health and under the German Product Liability Act shall remain unaffected by the above limitations and exclusions of liability.
8.6 The limitations of liability resulting from 8.1 to 8.3 do not apply insofar as Robbe & Berking have fraudulently concealed the defect or have assumed a guarantee for the quality of the item. The same applies insofar as an agreement has been made with the customer regarding the condition of the item.
9) Special conditions for the processing of goods according to certain specifications of the customer
9.1 In its online shop, Robbe & Berking offers the option of having individual products customised with an engraving. If, according to the content of the contract, Robbe & Berking is also obliged, in addition to the delivery of the goods, to process the goods according to certain specifications of the customer, the customer must provide Robbe & Berking with all the content required for the processing, such as texts, images or graphics in the file formats, formatting, image and file sizes specified by the customer and grant Robbe & Berking the necessary rights of use for this. The customer alone is responsible for the procurement and acquisition of rights to this content. The customer declares and accepts responsibility for the fact that it has the right to use the content provided to Robbe & Berking. In particular, it shall ensure that no rights of third parties are infringed thereby, especially copyrights, trademark rights and personal rights. Offensive or illegal content will not be engraved.
9.2 The customer shall indemnify Robbe & Berking against claims by third parties which the latter may assert against Robbe & Berking in connection with an infringement of their rights through the contractual use of the customer's content by Robbe & Berking. In this respect, the customer shall also bear the reasonable costs of the necessary legal defence, including all court costs and lawyers' fees in the statutory amount. This shall not apply if the customer is not responsible for the infringement. In the event of a claim by a third party, the customer is obliged to provide Robbe & Berking immediately, truthfully and completely with all information that is necessary for the examination of the claims and a defence.
9.3 Robbe & Berking reserves the right to refuse processing orders if the content provided by the customer for this purpose violates legal or official prohibitions or offends common decency. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, offensive, youth-endangering and/or violence-glorifying content.
10) Care and handling instructions for silver
When handling the goods to be purchased in the manufactory online shop, the customer must observe the following:
10.1 Silver can be sensitive when it comes into contact with certain foods, so under certain circumstances the alloy can dissolve. Therefore, permanent contact with the following foods should be avoided and the silver should be cleaned of residues after use: Salt, acidic products (e.g. vinegar) and high protein products (e.g. dairy products or egg).
10.2 Silver has the highest thermal and electrical conductivity of all metals. This means in particular that silverware heats up or cools down very quickly, e.g. when it comes into contact with appropriately tempered food or drinks. Caution is advised, especially with hot drinks.
10.3 As the products, e.g. steak knives or forks, may be sharp objects, due care should be taken when handling them. But also with candlesticks, attention must be paid to the resulting fire hazard.
11) Redemption of promotional vouchers
11.1 Vouchers that are issued free of charge by Robbe & Berking as part of promotions with a specific period of validity and that cannot be purchased by the customer (hereinafter "promotion vouchers") can only be redeemed in the Robbe & Berking manufactory online shop and only during the specified period.
11.2 Individual products may be excluded from the voucher campaign if a corresponding restriction results from the content of the campaign voucher.
11.3 Promotional vouchers can only be redeemed before completion of the order process. Subsequent settlement is not possible.
11.4 Only one promotional voucher can be redeemed per order.
11.5 The value of the goods must at least correspond to the amount of the promotional voucher. If the amount of the promotional voucher exceeds the value of the goods, any remaining credit shall not be refunded by Robbe & Berking.
11.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by Robbe & Berking may be selected to settle the difference.
11.7 The credit balance of a promotional voucher is neither paid out in cash nor bears interest.
11.8 The promotional voucher shall not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the scope of its statutory right of withdrawal.
11.9 The promotional voucher is transferable. Robbe & Berking can make payment with discharging effect to the respective owner, who redeems the promotional voucher in the Robbe & Berking online shop. This shall not apply if Robbe & Berking has knowledge or grossly negligent ignorance of the non-justification, the legal incapacity or the lack of power of representation of the respective owner.
12) Redemption of gift vouchers
12.1 Gift vouchers that are purchased via the Robbe & Berking manufactory online shop (hereinafter "gift vouchers") can only be redeemed in the Robbe & Berking manufactory online shop or in Robbe & Berking shops, unless otherwise stated on the gift voucher.
12.2 Gift vouchers and remaining balances of gift vouchers are redeemable until the end of the third year after the year of purchase of the voucher. Remaining credits shall be credited to the customer until the expiry date.
12.3 Gift vouchers can only be redeemed before completion of the order process. Subsequent settlement is not possible.
12.4 Multiple gift vouchers can also be redeemed for one order.
12.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of further gift vouchers.
12.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by Robbe & Berking may be selected to settle the difference.
12.7 The credit balance of a gift voucher is neither paid out in cash nor bears interest.
12.8 The gift voucher is transferable. Robbe & Berking can make payment with discharging effect to the respective owner, who redeems the gift voucher in the Robbe & Berking online shop. This shall not apply if Robbe & Berking has knowledge or grossly negligent ignorance of the non-justification, the legal incapacity or the lack of power of representation of the respective owner.
13) Applicable law
All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the laws on the international sale of movable goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has its habitual residence.
14) Place of jurisdiction
If the customer is a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of Robbe & Berking. If the customer has its registered office outside the territory of the Federal Republic of Germany, the registered office of Robbe & Berking shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. However, Robbe & Berking is in any case entitled in the above cases to bring an action before the court at the customer's place of business.
15) Ancillary agreements
There are no agreements other than those made in the contract. No ancillary agreements have been made.
16) Severability clause
If any individual clauses in this contract are invalid or if the contract contains any loopholes, this shall not affect the remaining provisions. In the event of loop holes, the contracting parties shall agree on the provision that corresponds to what would have been reasonably agreed according to the meaning and purpose of the contract had the matter been considered from the outset.
17) Alternative dispute resolution
17.1 The EU Commission provides a platform for online dispute resolution on the internet at the following link https://ec.europa.eu/consumers/odr. This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
17.2 Robbe & Berking is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
18) Return of packaging
In accordance with the packaging ordinance, we accept the packaging of our products that does not bear the mark of the system of comprehensive disposal (e.g. the green dot), return free of charge and take care of their reuse or disposal. You can dispose of the packaging at municipal collection points or return it to one of the following retail outlets:
Berlin: Kurfürstendamm 54, 10707 Berlin
Bremen: Katharinenklosterhof 4, 28195 Bremen
Flensburg: Rote Straße 14, 24937 Flensburg
Frankfurt: Steinweg 8, 60313 Frankfurt am Main
Hamburg: Große Bleichen 3, 20354 Hamburg
Hanover: Luisenstraße 10/11, 30159 Hannover
Kiel: Holtenauer Straße 33, 24105 Kiel
Munich: Theatinerstraße 32, 80333 München
Nuremberg: Kaiserstraße 24 – 26, 90403 Nürnberg
Vienna: Am Graben 26 / Petersplatz 3, 1010 Wien / Österreich
Alternatively, you can also send the packaging back to our headquarters in Flensburg:
Robbe & Berking Silbermanufaktur seit 1874 GmbH & Co. KG
Zur Bleiche 47
We may reuse the packaging or dispose of it in accordance with the provisions of the Packaging Ordinance.
19) Extended Producer Responsibility (EPR)
19.1 Extended Producer Responsibility Germany:
Register number for packaging: DE5736166243077
Identification number: FR261818_01CRXO