general business terms
Terms of Service
scope
These terms and conditions apply to all purchases from GVW Raumdekor GmbH made by private and business customers.
Private customers in this sense are people with their place of residence and delivery address in the Federal Republic of Germany, insofar as the goods they have ordered cannot be attributed to their commercial or independent professional activity.
Business customers in this sense are natural or legal persons, or a legal partnership with headquarters and delivery address in the Federal Republic of Germany.
Conclusion of contract
The presentation of our goods and the granting of the option to order represent a specific offer on our part to conclude a purchase contract.
By placing your order, you accept the offer and the purchase contract is concluded as soon as you have confirmed the payment order to PayPal.
You will receive an order confirmation via email to the email address you provided.
Prices and shipping costs
The prices awarded are final prices including sales tax. The amount that is shown at the time of the binding order applies. The shipping costs, which depend on the shipping method, size and weight of the goods you have ordered, are included. We shall bear the costs of the return that arise in the event that you return the goods while exercising your right of withdrawal.
payment
The following payment methods are available in our online shop:
- PayPal
Late payment
If you are in default of payment, GVW Raumdekor GmbH is entitled to charge default interest of 5 percentage points above the base rate p.a. announced by the Deutsche Bundesbank for the time of the order. If GVW Raumdekor GmbH has demonstrably incurred higher default damage, GVW Raumdekor GmbH is entitled to assert this.
Right of retention
The customer is only authorized to exercise a right of retention if his counterclaim is based on the same contractual relationship.
delivery
(1) Delivery is made to the delivery address specified by the customer, exclusively within Germany
(2) If force majeure (natural disasters, war, civil war, terrorist attack) makes delivery or any other service permanently impossible, GVW Raumdekor GmbH is not obliged to perform. Already paid amounts will be reimbursed immediately by GVW Raumdekor GmbH.
(3) GVW Raumdekor GmbH can also refuse to perform if this requires an effort that, taking into account the content of the purchase contract and the principles of good faith, is grossly disproportionate to the customer's interest in fulfilling the purchase contract. Already paid amounts will be reimbursed immediately by GVW Raumdekor GmbH.
(4) Bulky goods (packages with a volume greater than 1 square meter) are usually delivered by a forwarding agency. GVW Raumdekor GmbH expressly points out that these goods are not carried into the house.
(5) The image files (jpg or png) that are uploaded for printing on a fabric must have a dpi of 150 if the size is appropriate. If the quality is not sufficient, the delivery time specified in the online shop begins from the time when print-ready data is available.
Favorable shipping method for returns
(1) When returning the goods and accessories, please use the original packaging if possible, even if it has been damaged by an opening for a functional test.
(2) If you want to send the goods back due to defects, please contact us to discuss the return process.
(3) If you choose an unnecessarily expensive shipping method, you may be obliged to assume the higher costs compared to a cheaper shipping method.
Retention of title
The delivered goods remain the property of GVW Raumdekor GmbH until all claims against the customer from the purchase contract have been settled in full. As long as this retention of title exists, the customer may neither resell the goods nor dispose of them; in particular, the customer may not contractually allow third parties to use the goods.
Defect rights
(1) GVW Raumdekor GmbH will replace a defective product with a defect-free product or have it professionally repaired (supplementary performance) at the customer's option at the expense of GVW Raumdekor GmbH. The customer's attention is drawn to the fact that there is no warranty case if the product was of the agreed quality when the risk passed. A warranty case does not exist in the following cases in particular:
1. a) in the event of damage caused to the customer by misuse or improper use,
2. b) in the event of damage caused by the customer's products being exposed to harmful external influences (in particular extreme temperatures, moisture, exceptional physical or electrical stress, voltage fluctuations, lightning strikes, static electricity, fire, weather conditions).
(2) Furthermore, GVW Raumdekor GmbH does not provide any guarantee for a fault that has arisen as a result of improper repairs by a service partner not authorized by the manufacturer.
(3) If the type of supplementary performance desired by the customer (replacement delivery or repair) requires an effort that is grossly disproportionate to the customer's service interests in view of the product price, taking into account the content of the contract and the principles of good faith - with the value in particular of the purchased item in a defect-free condition, the significance of the defect and the question of whether the other type of supplementary performance can be used without significant disadvantages for the customer - the customer's claim is limited to the other type of supplementary performance. The right of GVW Raumdekor GmbH to refuse this other type of supplementary performance under the aforementioned condition remains unaffected.
(4) In the case of repairs as well as in the case of a replacement delivery, the customer is obliged to send the product to the return address specified by GVW Raumdekor GmbH at the expense of GVW Raumdekor GmbH, stating the order number.
(5) If the customer sends in the goods in order to receive an exchange product, the return of the defective product is based on the following stipulation: If the customer was able to use the goods in a defect-free condition between delivery and return, they have the value of the ones they took To reimburse usages. For any further deterioration of the goods not caused by the defect, as well as for the impossibility of surrendering the goods in the period between the delivery of the goods and the return of the goods, the customer must pay compensation. The customer does not have to pay any compensation for the deterioration of the goods caused by the intended use of the goods. The obligation to compensate for the value does not apply to the return of a defective product in the event of a warranty claim,
1. a) if the defect justifying withdrawal only became apparent during processing or redesign,
2. b) if GVW Raumdekor GmbH is responsible for the deterioration, or if the damage would also have occurred at GVW Raumdekor GmbH,
3. c) if the deterioration has occurred for the customer, although the customer has observed the care that he is used to in his own affairs.
(6) The customer's liability for damages in the event of a breach of the obligation to return goods for which the customer is responsible is based on the statutory provisions.
(7) The customer can choose to withdraw from the contract or reduce the purchase price if the repair or replacement delivery has not resulted in the product being in conformity with the contract within a reasonable period of time.
(8) In addition, there may be claims against the manufacturer within the framework of a guarantee granted by the manufacturer, which are based on the corresponding guarantee conditions.
(9) GVW Raumdekor GmbH's statutory warranty ends two years from delivery of the goods. The deadline starts once goods are received.
(10) The materials offered have been developed for indoor use. They are not suitable for outdoor use. Outdoor use is always at the risk of the customer. We reject a guarantee for outdoor use in any case and for all defects, since in these cases defects of any kind are attributed to outdoor use.
liability
(1) In the event of slight negligence, GVW Raumdekor GmbH is only liable in the event of a breach of essential contractual obligations and limited to the foreseeable damage. This restriction does not apply to injury to life, limb and health. GVW Raumdekor GmbH is not liable for other damage caused by slight negligence due to a defect in the purchased item.
(2) GVW Raumdekor GmbH is also responsible for the accidental impossibility of delivery during its delay, unless the damage would have occurred even if delivery had been made on time.
(3) The personal liability of the legal representatives, vicarious agents and employees of GVW Raumdekor GmbH for damage caused by them through slight negligence is excluded.
(4) The customer guarantees that the image files transmitted to us do not infringe any copyrights, trademarks or other property rights of third parties, general personal rights or other rights of third parties. The customer releases us from all claims by third parties and undertakes to compensate us for any damage that we incur due to the rights of the third party. This also includes legal prosecution costs incurred by us.
Applicable Law
The contract concluded between you and GVW Raumdekor GmbH is subject exclusively to the law of the Federal Republic of Germany with the express exclusion of the UN sales law. The mandatory provisions of the state in which you have your habitual residence remain unaffected.
Place of jurisdiction
If, contrary to your information when ordering, you do not have a place of residence in the Federal Republic of Germany or if you move your place of residence abroad after signing the contract or if your place of residence is not known at the time the action is brought, the place of jurisdiction for all disputes arising from and in connection with the contractual relationship is Würselen / Aachen.
Dispute resolution
General information obligations for alternative dispute resolution according to Art. 14 Para. 1 ODR-VO and § 36 VSBG (Consumer Dispute Settlement Act):
The European Commission provides a platform for online dispute resolution, which you can find at this address: http://ec.europa.eu/consumers/odr/. We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
Final provisions
(1) Should individual provisions of this contract be or become wholly or partially ineffective or void, this shall not affect the effectiveness of the rest of the contract, insofar as a contractual partner is not unreasonably disadvantaged.
(2) Changes or additions to this contract must be made in writing.