within the internet presence www.wallslikepictures.com offers custom-built respectively specific to the personal needs manufactured and on demand also individually designed design wall paper for sale. wallslikepictures does not offer fully assembled rolled goods. production will be effected on demand.
scope
these general business conditions (in the following referred to as: agb) apply for all present and future business relations between wallslikepictures (in the following referred to as offeror) and our customers in the present form applicable at the time of the agreement. they apply exclusively. the customer's general business condition contradicting or varying from our general business conditions are not recognized unless we give our express written consent in the individual case.
reaching the agreement
offers and indications of price are without engagement. technical modifications as well as changes in form, colour, format and/or weight are subject to change within the reasonable extent.
with the placement of the order the customer is bound to his proposal.
the agreement with the offeror has been reached once the offeror accepts the offer to enter into a contract within two weeks after receipt by him (e.g. via email, fax, letter, telephone). The acceptance of the order can either be declared in written form or by confirming the order in other way.
the agreement is effected under reserve of correct and in time obtaining supplies oneself by our supplier. this only applies if we are not responsible for the non-delivery, particularly upon conclusion of a congruent hedge. the customer will immediately be informed about the unavailability of performance. the consideration will immediately be refunded.
payment and delivery
the prices mentioned in the offeror's acknowledgement of order apply. the relevant statutory value added tax (vat) is included in the prices. in case of mail order sale our prices are quoted plus postage and handling fee
a) in case of delivery within germany in the amount of eur 10,00, vat included
b) in case of delivery within eu in the amount of eur 27,00, vat included
c) in case of delivery to rest europe (outside eu) in the amount of eur 40,00, vat excluded
d) in case of delivery to north america, north africa, middle east in the amount of eur 42,00, vat excluded
e) in case of delivery to latin america, middle and south africa, australia, oceania in the amount of eur 47,00, vat excluded
not included in the prices given are possible arising custom charges. the custom charges will be collected according to the customs regulations of the respective country, the goods are delivered to, from the respective country, the goods are delivered to, and can be asked for in the local custom office.
the price becomes due with conclusion of contract. it is to be payed by advanced payment via bank transfer or account.
the right to set-off only belongs to the customer if his counter-claims are absolutely
determined or are allowed by the offeror in writing.
the offeror delivers the goods ordered to the address the customer gave in the order. the delivery period will be 14 business days beginning with accounting-/ payment receipt in eu-countries and 14-20 business days in non-eu countries. general information about the estimated delivery date are not binding, if the customer in the individual case did not obtain a binding covenant in writing.
if it turns out that the goods ordered are not available, the offeror reserves himself the right to withdraw from the contract. the offeror will immediately inform the customer about the unavailability and compensate possible consideration rendered immediately.
moreover the offeror is entitled to extend delivery periods in cases of superior force.
passing of risk
if the customer is an entrepreneur, the risk of accidental loss of the goods and of accidental deterioration of goods passes on to the customer with handover, in case of mail order sale with delivery of the goods to the forwarder, to the carrier or the persons, to affect consignment or the institution.
if the customer is consumer, the risk of accidental loss and of accidental deterioration of the good sold, also in case of mail order sale, does not pass on until the handover of goods to the consumer.
the delivery corresponds if the customer is in default of acceptance.
warranty
the customer must assert complaints due to obvious defects in the goods delivered immediately and in writing - for hidden defects after their discovery however, at the latest six month after the receipt of goods - enclosing the receipts. complaints must be directed to the following address: wallslikepictures, sabine pankert, wielandstr. 3, d-47906 kempen, mail@wallslikepictures.com.
the warranty obligations of the offeror are limited, if it is not a consumer agreement, to the free of charge eliminations of the defect, the free of charge delivery of goods free of defects or revocation depending on the offeror's choice. if the remedy fails (=elimination of the effect or replacement delivery) the customer has the right to revocate. for a minor contractual violation, particularly for minor defects, the customer is not entitled to the right of revocation. the customer's right of abatement is excluded.
if the customer chooses to revoke the agreement due to a defect after the failed remedy, he is not entitled to an additional claim for damages due to the defect.
the entrepreneur's warranty period is limited to one year beginning with handover of the goods, as far as he had given due notice of defects. the consumer's claims due to defects of the contractual product are limited to two years form handover of the goods.
limitations of liability
the product descriptions are not binding. in particular, the information are not guaranteed and do not include any warranty properties in sense of § 276 sect. 1 s. 1 bgb (civil code). the offeror is not liable for erroneously incorrect labelling or product descriptions.
for slightly negligent violations of the obligation, the liability of the offeror is limited to the average damage, which is foreseeable, typical to the agreement, immediate according to the type of the good. the same applies for slightly negligent violations of the obligation by their legal representative or agents. the offeror is not liable to entrepreneurs for the slightly negligent violation of non-essential contractual obligations.
damages resulting form the injury to life, body and health or premeditated or grossly negligent defaults do not restrict the liability. otherwise the statutory regulations apply.
damage claims of the customer by reason of damage fall under the statute of limitations one year after the delivery of the goods. this does not apply, if we are reproached of malevolent.
right of revocation
customers as consumers are entitled to revoke their order within one month without explanation in writing (e.g. letter, fax, email) or by return consignment of goods. the deadline begins at the earliest with the receipt of the instruction for the right of withdrawal. for the observance of the revocation deadline the in time notice of withdrawal is sufficient. the revocation is to be addressed to:
revocation consequences:
in case of effective revocation the performances and if so the capitalised use (e.g. interest) received on both sides are to be returned. if the performances received can partly or in total or only in significantly worse condition be returned, in this respect value replacement is to be given. as far as goods are surrendered this does not apply if the worsening exclusively is to be traced back to the fact of inspection – which is for example possible in a retail store. incidentally you can avoid the obligation for value replacement if you do not use the goods as ownership and desist anything that can affect the value of the goods.
transportable goods can be returned. you have to bear the cost of return consignment if the goods delivered correspond to the goods ordered and if the price of the goods to be returned do not exceed an amount of euro 40.00 or in case of a higher price of goods you have not reciprocated or affected the agreed upon partial performance. otherwise the return consignment is exempt from charges. not transportable goods will be collected. commitments for restitution of payment have to be fulfilled by the consumer within 30 days after dispatch of the notice of withdrawal.
a revocation right does only include photowallpaper or murals with fixed formats and it is excluded for agreements regarding delivery of goods according to customer specification (pattern wallpapers) or clearly designed for the personal requirements (e.g. individual inquiries) as well as for goods which are not suitable for return consignment.
applicable law
agreements are subject to the law of the federal republic of germany under exclusion of the un conventions on contracts for the international sale of goods.
legal venue
in case the customer is entrepreneur, legal entity under public law or public law special fund, the exclusive legal venue for all claims in connection with the business relation is our business location. the same applies if the customer has no natural forum in germany or if his usual place of residence is not known at the time of filing of action.
final clauses
should one of the above stipulations become invalid, the stipulation is to be regarded as separate from the general business conditions; all other stipulations remain applicable and effective to their full extent.
should one of the above stipulations be or become partly or fully invalid or if a loophole exists, a stipulations will become effective which economically comes closest to the one previously intended.