Terms & Conditions

A. Consumer Information

1. Identity and contact address of the Webshop provider

Robbe & Berking Silbermanufaktur seit 1874 GmbH & Co. KG
Registration court: Flensburg
Register number: HRA 382 FL
Authorised general partner: Robbe & Berking GmbH
Registration court of general partner: Flensburg
Register number of general partner: HRB 730 FL
CEO: Oliver Berking
Address: Zur Bleiche 47, 24941 Flensburg
Telephone: +49 (461) 90306-0
Telefax: +49 (461) 90306-87
Email: info@robbeberking.de
VAT ID No.: DE134637771

2. Language

The exclusive language of the contract shall be German. This also applies when a translation is done in other languages.

3. Conclusion of contract, payment and shipping costs, warranty and guarantee terms and conditions

These aspects are described in detail in the General Terms and Conditions of Business under Section B. II.:

the conclusion of contract are described in § 1, the payment terms are described in § 2, the additional costs for shipping are described in § 1 para. 3, and the warranty and guarantee terms and conditions are described in §§ 5 and 6.

4. Reference to the exclusion or limitation of the right of cancellation for personalised productions

There is only a partial right of cancellation in place when ordering goods from Robbe & Berking Silbermanufaktur seit 1874 GmbH & Co. KG.

According to § 312d para. 1 of the BGB [German Civil Code], there is no right of cancellation for the supply of goods that are produced according to customer specifications or are clearly tailored to individual needs.

5. Correction of typing errors

Prior to sending his/her order, the customer shall be able to determine any typing errors and amend them using the Amend function by reviewing the summarised contractual data as displayed.

6. Storage and accessibility of contract text

The customer shall receive the order data after submitting an order displayed in the overview, and may print this by clicking the "Print Order Confirmation" button after clicking the "Ready To Order" button, i.e. after sending the order. The order data can then be saved by clicking on the "File" menu item in the browser and clicking on the "Save page as..." function.

The General Terms and Conditions of Business and this Consumer Information may be printed out by the customer or saved in "reproducible format" by clicking on the "General Terms and Conditions of Business and Consumer Information" link on the last page of the order process, and then pressing the "Print Page" button or the "Save" link.

The contract text is saved by Robbe & Berking Silbermanufaktur seit 1874 GmbH & Co. KG and can then be sent to the customer, if required, free of charge via e-mail at any time.

7. Key features of the goods

The key features of the goods offered can be found in the respective product descriptions in the Online Shop.

8. Reservations

With respect to the products ordered, the customer shall only be entitled to the supply of an item that is of similar quality or value (see also § 1 para. 1 of the General Terms and Conditions of Business under Section B. II.).

9. Price of the goods

The price of the goods shall be the current trading price of Robbe & Berking Silbermanufaktur seit 1874 GmbH & Co. KG at the time of the order.

10. Code of conduct

The Provider shall not be subject to any specific code of conduct.

B. General Terms and Conditions of Business

1. Validity of the General Terms and Conditions of Business

(1) The offers, purchase agreements, services and deliveries of Robbe & Berking Silbermanufaktur seit 1874 GmbH & Co. KG  (hereinafter referred to as Robbe & Berking) based on orders made by our customers via our Online Shop "www.robbeberking.com" (hereinafter referred to as the "Webshop") shall be concluded exclusively in accordance with these General Terms and Conditions of Business. Any of the customer’s terms and conditions that deviate from these General Terms and Conditions of Business shall not be valid. The failure of Robbe & Berking to respond shall not constitute their approval of the customer’s deviating terms and conditions. Only individual agreements made in writing shall supersede these General Terms and Conditions of Business.

(2) The product range in our Webshop is aimed at both consumers and entrepreneurs. For the purposes of these General Terms and Conditions of Business, a "consumer" is any natural person completing the contract for a purpose that is not associated either with his/her commercial or independent professional activity (§ 13 BGB [German Civil Code]). An "entrepreneur" is a natural or legal person or a legal partnership that exercises its commercial or independent professional business by completing the contract (§ 14 para. 1 BGB {German Civil Code]).

II. General provisions

§ 1 - Conclusion of the contract

(1) The display of goods in the Webshop does not constitute a binding offer by Robbe & Berking. Instead, it is an invitation to the customer to submit a binding offer to Robbe & Berking. Images depicted in the Webshop only provide example illustrations of an item. The customer shall actually only be entitled to the supply of an item that is of similar quality or value.

(2) The opening hours of Robbe & Berking shall apply in this case, i.e. Monday to Friday from 09:00 to 17:00. This does not include public holidays. The current trading prices of Robbe & Berking shall therefore apply to any offers made during these opening hours.

(3) Robbe & Berking‘s prices include statutory VAT. Transport costs (packaging, shipping and insurance costs) depend on the value of the order. These costs are published on Robbe & Berking’s website at "www.robbeberking.com/versandkosten" and are displayed to the customer prior to submitting his/her online order.

(4) Only items that Robbe & Berking has in stock or has produced itself may be ordered from the Webshop.

(5) The customer's order constitutes a binding offer to conclude a purchase agreement for the ordered goods. The customer can add the respective goods to the virtual shopping cart by clicking the "Add To Cart" button. This procedure is non-binding and does not constitute a contractual offer. The content of the order, including the customer’s data, is summarised on an overview page prior to submitting a purchase order.  The customer can amend any order data here by using the available amend fields. By clicking on the "Ready To Order" button, the customer hereby sends a binding offer to Robbe & Berking to purchase the goods contained in the shopping cart. However, the offer can only be made and sent if the customer has accepted the contractual terms and conditions and included this in his/her offer by pressing the "I have read the Consumer Information and the General Terms and Conditions of Business and expressly agree to the General Terms and Conditions of Business" and "I have read the Cancellation Policy and notes regarding the exclusion of the right of cancellation" buttons.

(6) The customer shall then be bound to his/her offer that he/she made by clicking the "Ready To Order" button until the end of the fifth working day following the date the offer was made.

(7) Robbe & Berking shall automatically confirm receipt of the customer’s order by e-mail, showing the details of the customer's order which the customer can print out using the "Print" function. This confirmation of receipt does not constitute a binding acceptance of the order; it merely documents the fact that the order has been received by Robbe & Berking. The purchase agreement shall only come into effect once Robbe & Berking issues an order confirmation to the customer or sends the ordered goods to the customer.

(8) The customer shall also receive an e-mail in which he/she can confirm his/her customer data via a link (a so-called double opt-in process).

§ 2 – Due date, payment, prices

(1) All prices quoted on Robbe & Berking’s website are inclusive of the respectively applicable statutory VAT rate.

(2) The maximum order value is EUR 40,000.00 including VAT per order. All packages shall be shipped with appropriate insurance coverage at no extra cost.

(3) The goods shall be dispatched via service providers published on our website at www.robbeberking.com/shipping.

(4) The customer may make payment by cash on delivery, prepayment, bank transfer, credit card or PayPal. The customer may amend the preferred mode of payment saved under his/her user account at any time.

(5) Payment of the purchase price shall be due immediately upon conclusion of the contract. Unless cash on delivery has been agreed, then the customer must pay the purchase price to Robbe & Berking’s account within 30 days of the conclusion of the contract. The goods shall only be handed over once Robbe & Berking has received payment of the purchase price.

§ 3 - Delivery

(1) Delivery dates shall only be binding for Robbe & Berking if they have been agreed in writing. If the goods ordered are not in stock, then the customer shall be notified of an expected delivery date within one week of the contract being concluded.

(2) Robbe & Berking shall be entitled to make partial deliveries if these are deemed reasonable. In addition, this entitlement shall only exist if the partial delivery is usable for the customer as part of the contractual intended use, the delivery of the remaining ordered goods is ensured and this does not impose unreasonable additional effort or considerable additional costs on the customer. Packaging-related and/or weight-related partial deliveries of goods that are covered by a single order and are used separately shall in any case be permitted as Robbe & Berking shall incur the additional transport costs brought about by the partial delivery.

(3) Robbe & Berking shall not be liable for any inability to deliver or delivery delays if they have been caused by force majeure or other events that could not be foreseen at the time the contract was concluded and for which Robbe & Berking is not responsible. Unforeseeable events within the meaning of this provision include, for example, operational malfunctions of any kind, difficulties in procuring materials or energy, transport delays, strikes, lawful lockouts, shortages of labour, energy or raw materials, difficulties in obtaining the necessary regulatory approvals, official measures or exceptional weather conditions and, if the customer is an entrepreneur, instances where a delivery is not made, is not made correctly or is not made on time by suppliers. If such events make it extremely difficult or impossible for Robbe & Berking to complete such deliveries, and such hindrances are not of a temporary nature, then Robbe & Berking shall be entitled to withdraw from the contract. However, a consumer shall only have the right to withdraw if Robbe & Berking immediately informs him/her of the unavailability of the item and reimburses any consideration received. In the event of any hindrances of a temporary nature, the delivery dates shall be postponed by the duration of the hindrance plus an appropriate start-up time. If, as a result of the delay, the customer cannot reasonably be expected to accept the delivery, then he/she may withdraw from the contract by immediately submitting a declaration in writing to Robbe & Berking.

(4) Notwithstanding any rights in case of default, Robbe & Berking may request an extension of the delivery and service periods from the customer or a postponement of delivery and handover dates by the timeframe in which the customer does not fulfil his/her contractual obligations that are to be satisfied for Robbe & Berking.  This particularly relates to delivery or payment dates to be observed by the customer himself/herself.

(5) With respect to shipment, delivery periods and delivery dates shall refer to the point in time in which the goods are handed over to the logistic partner entrusted with transport.

(6) The goods shall be delivered to the delivery address specified by the customer. Goods that Robbe & Berking has in stock are typically dispatched within two to three working days, and no later than five working days, following the conclusion of the contract and receipt of the full purchase price in Robbe & Berking’s account.

(7) The liability of Robbe & Berking for cases of negligence (with the exception of gross negligence) resulting from late delivery shall be limited to an amount of 10% of the respective purchase price (including VAT).

§ 4 - Shipping and transfer of risk

The risk of accidental loss of the purchased goods shall only pass to the customer upon delivery of such goods.

§ 5 - Warranty

(1) Robbe & Berking’s products are manufactured with the utmost care. At the same time, minor marks may be visible as a result of manufacture by hand that do not constitute defects within the meaning of this provision, unless the monetary value of the goods is adversely affected as a result of such marks.

(2) Notwithstanding para. 5, the customer, who is the consumer, shall be entitled to the various statutory rights in the event of any defects to the contractual goods. The specific provisions of § 6 shall apply to any compensation claims made by the customer.

(3) Except in cases where compensation claims are submitted, the warranty period shall be one year for contracts concluded with entrepreneurs.

(4) The goods must be carefully examined immediately after delivery or handover to the customer, who is an entrepreneur, or to a third party nominated by him/her. In the event of obvious defects or other defects which would have been noticeable following an immediate and thorough examination, the goods shall be deemed to have been approved if Robbe & Berking has not received a complaint within two working days following delivery of the delivery item. All other defects shall be deemed to have been approved if Robbe & Berking has not received a complaint within two working days of the defect being discovered or the point in time in which the defect would have been noticeable without a closer examination by the customer during normal use of the delivery item.

(5) If the customer is the consumer, then he/she must examine the goods and submit a complaint in writing regarding any obvious defects within two weeks of receiving (or a nominated third party receiving) the goods. Otherwise the goods shall be deemed to have been approved.

(6) The rejected delivery item must be sent back free of charge upon request by the customer. In the event the complaint is justified, Robbe & Berking shall reimburse the costs of the most favourable shipping route; this shall not apply if the delivery item is located at a place other than that of the intended use.

(7) Should the supplies have defects in quality, Robbe & Berking shall, at its discretion, to be exercised within an adequate period of time, have the duty and the right to choose whether to provide subsequent performance or a replacement delivery.

(8) Should this fail, i.e. should subsequent performance or replacement delivery be made impossible, unreasonable, refused or inappropriately delayed, the customer shall have the right to withdraw from the contract or to reduce the purchase price accordingly.

(9) If a defect is caused and is the fault of Robbe & Berking, the customer shall have the right to request compensation subject to the prerequisites provided for in § 6 below.

(10) The warranty shall no longer apply whereby the Customer modifies the contractual goods or has third parties modify the contractual goods without Robbe & Berking’s approval, rendering the elimination of a defect impossible or complicating it unreasonably. The customer shall in any case bear the additional costs for the elimination of a defect incurred due to such modifications.

§ 6 – Liability, availability guarantee

(1) Robbe & Berking’s liability for paying compensation, irrespective of the legal basis of such liability, in particular due to impossibility of performance, default, faulty or incorrect delivery, breach of contract, violation of obligations during contract negotiations or tort shall, as far as such liability depends on proof of fault, be restricted in accordance with § 6.

(2) Robbe & Berking shall not be liable in case of simple negligence by its bodies, legal representatives, employees or other vicarious agents, unless such violations relate to an obligation which is essential for the contract. The following obligations shall be deemed to be essential for the contract: timely and faultless delivery and supply as well as duties of consultation, care and custody which are designed to enable the customer to utilise the delivery item in accordance with the contract, or the purpose of which is to protect the life and health of the customer or of third parties or to prevent substantial damage to the customer’s property. Essential contractual obligations constitute obligations which must be met to ensure the proper performance of this contract and which the customer regularly trusts and can trust will be complied with.

(3) Insofar as Robbe & Berking is liable for paying compensation under § 6 para. 2, such liability shall be limited to the damage that Robbe & Berking foresaw at the time of the conclusion of the contract as a possible consequence of a breach of the contract, or that, applying due care and diligence, it could have foreseen taking into consideration the circumstances it was aware of or had to be aware of. Indirect damage and consequential damage which results from defects in the contractual goods shall in addition only be reimbursable if such damage is typically to be expected if the delivery item is used as intended.

(4) The above disclaimers and limitations of liability also apply to the same extent in relation to the bodies, legal representatives, employees or other vicarious agents of Robbe & Berking.

(5) The limitation of liability stipulated in paras 1 to 4 shall not apply to damages caused by gross negligence or wilful misconduct and/or damages resulting from injury to life, body or health caused by a negligent or wilful breach of duty. Any liability according to the Product Liability Act (Produkthaftungsgesetz) shall not therefore be excluded or limited either.

(6) Robbe & Berking shall grant the customer an availability guarantee with respect to goods purchased by the customer from Robbe & Berking’s Manufacture Webshop that shall be valid until 2040.

§ 7 - Reservation of title

(1) If the services provided by Robbe & Berking relate to moveable items, such items shall remain the property of Robbe & Berking until payment is received in full for all liabilities arising from the contract between Robbe & Berking and the customer.

(2) In the event the moveable items according to para. 1 are seized by a third party, or in the event of any other intervention by third parties, the customer must inform such parties of Robbe & Berking’ title and inform Robbe & Berking thereof in order to enable it to enforce its title rights. If the third party is not in a position to reimburse Robbe & Berking for the judicial or extrajudicial costs arising from this, the customer shall be liable for these costs.

§ 8 - Right of retention

Robbe & Berking may exercise rights of retention to the extent allowable under law. Robbe & Berking shall in particular be entitled to hold back payments due for as long as claims for overdue payments against the customer are still due to us. It shall not be permitted to exercise a right of retention that is not based on this contractual relationship.

§ 9 – Non-assignment and offsetting

(1) All claims submitted by the customer against Robbe & Berking shall not be assignable without written consent and may only be asserted by the customer himself/herself.

(2) The customer may only set off these claims if the claims are undisputed or upheld by a court of law.

§ 10 – Place of performance, place of jurisdiction and applicable law

(1) The principal place of performance shall be Flensburg, unless otherwise agreed in writing or required depending on the type of service.

(2) If the customer is a businessman/woman, the exclusive place of jurisdiction for all disputes arising from and in relation to this contract shall be Flensburg.

(3) German law shall apply for the legal relationship between the parties.

§ 11 – Right of withdrawal

(1) Robbe & Berking may withdraw from the contract if the customer does not completely fulfil or only partially fulfils his/her payment obligations, and Robbe & Berking has unsuccessfully granted the customer a two-week deadline to pay the outstanding amount.

(2) The statutory right of withdrawal of Robbe & Berking for other reasons shall remain unaffected.

§ 12 – Customer complaints

In all cases, the customer shall submit complaints to Robbe & Berking regarding the purchased item and implementation of the contract, giving the latter the opportunity to resolve the complaint.

§ 13 – Written form

(1) There are no agreements other than those reached in this contract. No supplementary agreements have been made.

(2) Any amendments or additions to this contract shall be made in writing. This also applies to this written form clause.

§ 14 - Severability Clause

Should individual provisions of this contract or these General Terms and Conditions of Business be invalid, or in the event that this contract or General Terms and Conditions of Business contain gaps, the validity of any remaining provisions shall not be affected. To replace the invalid provision, the contracting parties shall agree on a valid provision which corresponds with the meaning and purpose of the invalid provision. In the case of a gap, the contracting parties shall agree a provision that corresponds to that provision which would reasonably have been agreed in accordance with the meaning and purpose of this contract and these General Terms and Conditions of Business if the matter had been considered at the outset.

§ 15 – Notes on data protection

(1) Robbe & Berking may process and save data related to the respective contracts if this is deemed necessary to execute and implement the contract and to the extent Robbe & Berking is obliged to retain such data on the basis of statutory provisions.

(2) Robbe & Berking shall not otherwise transfer personal customer data to third parties without the customer's express consent, except in cases where Robbe & Berking is required by law to disclose such data.

(3) Robbe & Berking shall not be permitted to collect, transfer or otherwise process the personal data of customers for purposes other than those referred to in this paragraph.

(4) The customer may access, amend or delete his/her saved data at any time by pressing the “My Data” button in his/her profile. Robbe & Berking may make use of usage data beyond the end of such usage insofar as this is necessary for the purpose of billing the user (billing data). Reference is otherwise made to the Privacy Policy in relation to the   consent of the customer and further information on the collection, processing and use of data; this can be accessed at any time in printed format on Robbe & Berking’s website via the “Data Protection” button.

As at: October 2013