General Terms and Conditions (Consumers)

§ 1 Scope of Application

The General Terms and Conditions hereunder shall apply to all contracts concluded with Dataplot GmbH via its online shop at


designer-wallpaper.com


for the purchase and supply of designer wallpaper and other merchandise, insofar as the goods ordered by the customer can neither be attributed to the customer’s commercial activities nor to his/her professional activities as a self-employed person (user within the meaning of § 13 BGB [German Civil Code]).

§ 2 Prices and Delivery Charges

The prices quoted online are including statutory VAT. A shipping fee of EUR 8.95 shall be charged for all deliveries within Germany. The shipping fees for deliveries to EU countries and Switzerland are charged on a lump sum basis of EUR 14.90.

§ 3 Order Procedure and Conclusion of Contract

(1) Only persons of legal age residing in Germany, the European Union or Switzerland shall be eligible to place orders.

(2) The mere presentation of our goods and the possibility to place orders shall not constitute a binding offer on our part. Only your order shall constitute an offer on your part to conclude a sales contract. Once you place an order online you will receive an order confirmation acknowledging the receipt of your order and listing the details thereof. This order confirmation shall not be deemed to be an acceptance of contract. Such acceptance of contract shall be sent by separate email. Goods shall only be supplied in quantities for normal domestic use. We shall exclusively ship goods to delivery addresses in Germany, the European Union or Switzerland. We shall not be obliged to accept orders. We shall in particular not accept orders with an order value of less than € 100 (excluding shipping fees) after deducting any possible discount.

(3) If the customer avails himself/herself of the possibility to request a sample print of a designer wallpaper, this shall be deemed to be a trial order, i.e. the sales contract shall be subject to approval of the sample print by the customer. Such approval shall be deemed to have been given if the customer does neither send us a message to the contrary nor return the sample print supplied within the seven-day period granted for approval. The approval period shall start on the day following the receipt of the sample print. In order to comply with the approval period, it shall be sufficient to send us a note informing us that the sample was not approved or to return the sample print to us in due time.

(4) The goods and/or services offered by us and ordered by the customer shall be the subject of the delivery or the service concerned. Unless expressly stated otherwise in the offer, the designs and prices shall refer to the respective articles offered, however, they shall not include any accessory or decoration that may be depicted together with such articles.

(5) The products presented and the relevant information provided shall exclusively serve as a specification and shall not constitute a guarantee of quality.

(6) In the event that we are through no fault of ours and despite all reasonable efforts on our part unable to deliver the goods ordered due to the fact that our supplier has not fulfilled its contractual obligations towards us, we shall be entitled to rescind the contract. However, this right of rescission shall only apply if we have concluded a congruent cover transaction (the placement of a binding, timely and sufficient order for the respective goods) with the supplier concerned and are not otherwise responsible for such non-delivery. In this case we will immediately inform the customer of the unavailability of the goods ordered. Any payment already made by the customer will promptly be refunded.

(7) The contractual language shall be German. The customer can view and change the data entered at any time and correct input errors before sending his/her order.

(8) In the course of contract performance, orders shall normally be processed and customers be contacted via email. Therefore, the customer is to ensure that the email address provided for order processing is correct and that no settings or filter devices will prevent the receipt of contract-related emails.

§ 4 Copyrights

By purchasing and receiving the product(s) concerned, in particular designer wallpaper, you shall acquire in rem ownership as well as the right of use of such product(s), except for any commercial use or professional use by a self-employed person. Any additional rights of use for the reproduction, distribution, processing or public access to the design of any such wallpaper shall be excluded.

§ 5 No Protected, Prohibited or Banned Content

(1) By uploading or otherwise providing images, texts or other data, you shall confirm that you have the right to reproduce and distribute such data.
(2) You shall guarantee that the data and the content thereof provided to us for performing the contract

a) do not violate any applicable law, in particular criminal law or The Youth Protection Act or treaties (e.g. the State Treaty on the Protection of Human Dignity and the Protection of Minors in Broadcasting and Telemedia, “Jugendmedienschutz-Staatsvertrag”);
b) do not violate the rights of third parties, in particular the right to one’s image, copyrights, trademark or other property rights, or the general personality right.

(3) Furthermore, you shall ensure that the data, content or representations uploaded or made by you do not contain any of the elements listed below:

a) any content extolling violence or inciting ethnic or racial hatred;
b) pornographic content or content pertaining to the sexual abuse of children or to sexual acts performed on animals;
c) the insignia of unconstitutional parties, or parties or associations or surrogates thereof, which are against the constitutional order or against the idea of international understanding;
d) propaganda designed to promote the aspirations of the parties or associations referred to in c) above;
e) discriminatory statements or representations with regard to race, gender, religion, nationality, disability, sexual orientation or age;
f) instructions or incitements to commit a criminal offence.

§ 6 Right of Cancellation

(1) Unless the parties have agreed otherwise, the right of revocation does not apply to the following contracts:

Contracts for the supply of goods which are not prefabricated and for the manufacture of which an individual choice or destination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,

contracts for the supply of goods which may spoil quickly or the expiry date of which would quickly be exceeded,

contracts for the supply of sealed goods which are not suitable for return for health or hygiene reasons if their sealing has been removed after delivery,

contracts for the supply of goods, if, after delivery, these have been inseparably mixed with other goods due to their nature,

contracts for the supply of alcoholic beverages, the price of which was agreed when the contract was concluded but which cannot be supplied before 30 days after conclusion of the contract and the current value of which depends on fluctuations on the market over which the Contractor has no control,

contracts for the supply of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery,

contracts for the supply of newspapers, magazines or periodicals with the exception of subscription contracts

(2) When ordering other merchandise, customers shall have the statutory right of cancellation as laid out below:

Cancellation Policy

You shall have the right to cancel this Contract within fourteen days without stating any reason.

The cancellation period shall be fourteen days from the date you or a third party designated by you, who shall not be the carrier, have received the last merchandise ordered.

If you wish to exercise your right of cancellation, you shall have to inform us (Dataplot GmbH, Gutenbergstraße 15, 24558 Henstedt-Ulzburg, Germany, phone +49 4193 9950, fax +49 4193 995220, email: info@designer-wallpaper.com) of your decision to cancel this Contract by sending us a definite statement to this effect (e.g. a postal letter, by fax or by email). You may use the sample cancellation form below which is, however, not mandatory.

In order to adhere to the cancellation period, it shall be sufficient for you to notify us that you are exercising your right of cancellation prior to the cancellation deadline.

Consequences of Contract Cancellation

If you cancel this Contract, we are to immediately refund all payments received from you, including delivery charges (except for any additional charges arising from the type of delivery chosen by you instead of using the cheapest standard delivery offered by us), but no later than within fourteen days from the date we received your contract cancellation. For such refund we will use the same payment method used by you for the initial transaction, unless expressly and mutually agreed otherwise; in no event will you be charged for such refund.

We may refuse to refund you until such time that we have received the goods back or until you have provided evidence that you have returned the merchandise, whichever occurs sooner.

You are to immediately return or hand over the goods to us, and in any event do so no later than within fourteen days from the date you cancelled this Contract. This period shall be deemed to have been adhered to if you dispatch the goods before the fourteen-day period expires.

You shall bear all direct costs incurred for the return of goods.

You shall only be liable for any loss in value of the goods concerned if such loss in value is due to any unnecessary handling of the goods for the purpose of checking their condition, properties and functionality.

End of Cancellation Policy.

Sample Cancellation Form Pursuant to Appendix 2 to Article 246a § 1 Section 2 Sentence 1 No. 1 EGBGB [Introductory Act to the German Civil Code] and § 2 Section 2 No. 2 EGBGB


(If you wish to cancel this Contract, please fill in this form and return it to us.)


Dataplot GmbH, Gutenbergstraße 15, 24558 Henstedt-Ulzburg, Germany, phone +49 4193 9950, fax +49 4193 995220, email: info@designer-wallpaper.com

I/we (*) hereby cancel the contract concluded by me/us for the purchase of the following goods: …

Ordered on …(*) / received on … (*)

… Name of customer(s)

… Address(es) of customer(s)

… Signature of customer(s) (only in the case of a letter)

… Date

(*) Delete as appropriate

§ 7 Delivery, Delivery Service

It may happen that an article is temporarily out of stock. In this case, we will send the items that are available first, so you do not have to wait for the delivery of all items ordered. We will send you the outstanding goods as soon as possible without charging any additional shipping costs. The delivery period is 10 working days from the date our acceptance of contract was received.

§ 8 Items No Longer Available

In the event that we do not accept an order as the item ordered is, just for once, no longer available, we will immediately inform the customer accordingly. In this case, we will refund any payment made by the customer.

§ 9 Warranty

In the event that goods are defective, we will comply with the statutory warranty provisions. If we grant the customer a seller’s guarantee, the details thereof shall be laid down in the Terms and Conditions of Guarantee sent together with the article supplied. Guarantee claims shall apply without prejudice to statutory claims/rights. Any complaint and warranty claim can be made to the supplier’s address stated in § 13 below.

§10 Retention of Title

We shall retain title to the goods until such time that full payment has been made.

§ 11 Payment Method

Payment can be made by credit card or via the payment service provider PayPal (www.paypal.com) or in advance by bank transfer. When a credit card number is stated in the order, we shall be entitled to debit the sales price to the respective credit card account.

§ 12 Assignment of Claims

We shall reserve the right to assign or pledge accounts receivable for the supply of goods to third parties.

§ 13 Our Contact Details

Dataplot GmbH
Gutenbergstraße 15
24558 Henstedt-Ulzburg
Germany
Email: info@designer-wallpaper.com
Fax: +49 4193 995-100

§ 14 Dispute Settlement Procedure, (EU) Regulation No. 524/2013,
European Online Dispute Settlement Platform

The European Commission has provided the Online Dispute Resolution (ODR) platform which is available at http://ec.europa.eu/consumers/odr/.

We are in principle neither willing nor obligated to take part in any dispute resolution proceedings before a consumer arbitration body.

§ 15 Applicable Law

All disputes arising from or in connection with this Contract shall be governed by German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods. This choice of law shall only apply to the extent that it does not circumvent any mandatory consumer protection regulations applicable in the state where the customer had his/her habitual residence at the time of placing the order.