As of 03.2021


1. Scope

These terms of sale apply to all purchases made at [www.toepfer-shop.de] by private customers (consumers).

Private customers in this sense are persons with residence and delivery address in the Federal Republic of Germany, provided that the goods ordered by them cannot be attributed to their commercial or independent professional activity.

2. Conclusion of Contract

The presentation of our goods and the granting of the possibility to order does not yet constitute a binding offer on our part. Only your order represents an offer to us to conclude a purchase contract.

When you place an order with us, we confirm your order to the address you provided. If the order is placed via email, we will send you a confirmation to the email address you provided, with which we confirm receipt of your order and list its details (order confirmation). This order confirmation does not constitute acceptance of your offer but merely informs you that your order has been received by us.

A purchase contract with us is only concluded when we dispatch the ordered product to you.

3. Price, Postage and Packaging Costs

The prices displayed are final prices including VAT. The amount applicable is the one displayed at the time of the binding order.

In addition, shipping costs apply. For shipping within Germany, we charge a total fee of €3.50 per order. For deliveries to EU member states, we charge €17.00. For shipments to other countries, the actual shipping costs incurred will be charged.

If shipping is by cash on delivery, we additionally charge a flat fee of €4.00 in addition to the shipping fee.

4. Right of Return

1. You can return the goods received without stating reasons within two weeks by returning the goods. The period begins at the earliest with receipt of the goods and this instruction. Only for goods not suitable for parcel shipment (e.g., bulky goods) may you also declare the return by means of a return request in text form, e.g., by letter, fax, or email. To meet the deadline, it is sufficient to send the goods or the return request in time. In any case, the return is at our expense and risk. We will refund the purchase price and the costs usually incurred by shipping via post. The return or the return request must be made to:Company Töpfer GmbH, Heisinger Straße 6, 87463 Dietmannsried.
2. We point out that in the case of deterioration of the goods, compensation may be demanded from us. This does not apply if the deterioration of the goods is solely due to their inspection — as would have been possible for you in a retail shop. Furthermore, you can avoid the obligation to pay compensation by refraining from doing anything that could impair their value.
3. The right of return does not apply to items that we do not keep in stock and that have been procured by us at the express request of the customer.
4. Foodstuffs, body care products, and cosmetic items if the packaging has been opened or used by the customer.

5. Ownership Rights

All product names are our property or the property of the respective manufacturers.

6. Retention of Title

Until full settlement of all claims arising from the purchase contract against the customer, the delivered goods remain our property.

7. Terms of Payment

1. The ordered goods are delivered by direct debit, cash on delivery, prepayment, or, in the case of customers with a customer number, on account.
2. Goods delivered by us on account must be paid no later than 7 days after receipt of the invoice.
3. In the event of default of payment by the purchaser, we are entitled to charge fees of approx. €5.00 per reminder as well as statutory default interest (5% above the respective base interest rate).

8. Set-Off

The customer is only entitled to set-off if his counterclaims have been legally established or are not disputed by us.

9. Right of Retention

The customer is only entitled to exercise a right of retention insofar as a counterclaim is based on the same contractual relationship.

10. Delivery

1. Delivery is made to the delivery address specified by the customer, but only within the Federal Republic of Germany.
2. If delivery or another service becomes permanently impossible due to force majeure, natural disasters, acts of war, or terrorist attacks, we are released from the obligation to perform. Amounts already paid will be refunded by us without delay. We are entitled to refuse performance insofar as this requires an effort which, taking into account the content of the purchase contract and the principles of good faith, would be grossly disproportionate to the customer’s interest in the fulfillment of the purchase contract. Amounts already paid will be refunded by us without delay.

11. Warranty

The statutory warranty provisions apply. If a defect in the goods exists, the buyer is entitled, at his option, to rectification of the defect or delivery of new defect-free goods. In the case of rectification, we are obliged to bear all expenses necessary for the purpose of rectification of the defect, including transport, travel, labor, and material costs. The right to refuse the type of subsequent performance chosen by the buyer in accordance with § 439 BGB remains unaffected.

12. Liability for Breach of Duty

1. In the event of slight negligence, we shall only be liable for the breach of essential contractual obligations and limited to the foreseeable, typically occurring damage. This limitation does not apply in the case of injury to life, body, or health and for the mandatory provisions under §§ 11, 14 of the Product Liability Act. We are not liable for other damage caused by slight negligence due to a defect in the purchased item.
2. Our liability in the event of fraudulent concealment of a defect or from the assumption of a guarantee remains unaffected.
3. Personal liability of the legal representatives, vicarious agents, and employees of Töpfer GmbH for damage caused by slight negligence by the employees is excluded.

13. Applicable Law

The contract concluded between you and us is subject exclusively to the law of the Federal Republic of Germany.

14. Jurisdiction

If, contrary to your information at the time of the order, you do not have a residence in the Federal Republic of Germany or relocate your residence abroad after conclusion of the contract, or if your residence is not known at the time of filing a lawsuit, the place of jurisdiction for all disputes in connection with the contractual relationship shall be Kempten/Allgäu.