Terms and Conditions
General Terms and Conditions with Customer Information
Table of Contents
- Scope of Application
- Conclusion of contract
- Right of Withdrawal
- Prices and Payment Terms
- Delivery and Shipping Conditions
- Retention of title
- Liability for defects (Warranty)
- Redemption of gift vouchers
- Applicable Law
- Code of Conduct
- Alternative dispute resolution
1) Scope of Application
1.1 These General Terms and Conditions (hereinafter "GTC") of Dominik Reuter, operating under "Dekormaison" (hereinafter "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller regarding the goods presented by the Seller in his online shop. The inclusion of the Customer's own conditions is hereby rejected, unless otherwise agreed.
1.2 For contracts for the delivery of vouchers, these terms and conditions apply accordingly, unless otherwise stipulated.
1.3 Consumer in the sense of these GTC is any natural person who concludes a legal transaction for purposes that are predominantly not attributable to their commercial or independent professional activity.
1.4 Entrepreneur in the sense of these terms and conditions is a natural or legal person or a legally capable partnership who acts in the course of concluding a legal transaction in the exercise of their commercial or independent professional activity.
2) Conclusion of Contract
2.1 The product descriptions contained in the seller's online shop do not constitute binding offers from the seller, but serve to submit a binding offer by the customer.
2.2 The customer can submit the offer via the online order form integrated into the seller's online shop. After the customer has placed the selected goods in the virtual shopping cart and completed the electronic ordering process, they submit a legally binding contractual offer regarding the goods contained in the shopping cart by clicking the button that finalizes the ordering process. Furthermore, the customer can also submit the offer to the seller via email, online contact form, or by phone.
2.3 The seller can accept the customer's offer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the customer is decisive in this respect, or
- by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive in this respect, or
- by prompting the customer to make a payment after they have placed their order.
If several of the aforementioned alternatives are present, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The deadline for accepting the offer begins to run on the day after the offer is sent by the customer and ends with the expiration of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is considered a rejection of the offer, resulting in the customer no longer being bound by their declaration of intent.
2.4 When selecting a payment method offered by PayPal, the payment processing is carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, which can be viewed at https://www.paypal.com
2.5 When submitting an offer via the seller's online order form, the contract text is stored by the seller after the contract is concluded and transmitted to the customer in text form (e.g., email, fax, or letter) after the customer has sent their order. There is no further accessibility of the contract text provided by the seller. If the customer has set up a user account in the seller's online shop before submitting their order, the order data will be archived on the seller's website and can be accessed by the customer free of charge through their password-protected user account by providing the corresponding login details.
2.6 Before placing a binding order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the browser's zoom function, which allows the display on the screen to be enlarged. The customer can correct their entries during the electronic ordering process as long as they use the usual keyboard and mouse functions, until they click the button that completes the ordering process.
2.7 The German language is available for the conclusion of the contract.
2.8 Order processing and contact usually take place via email and automated order processing. The customer must ensure that the email address provided for order processing is correct, so that emails sent by the seller can be received at this address. In particular, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller for order processing can be delivered when using SPAM filters.
3) Right of Withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the seller's withdrawal instructions.
4) Prices and Payment Terms
4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices that include the statutory value-added tax. Any additional delivery and shipping costs will be specified separately in the respective product description.
4.2 The payment option(s) will be communicated to the customer in the seller's online shop.
4.3 If advance payment by bank transfer is agreed, the payment is due immediately after the conclusion of the contract, unless the parties have agreed on a later due date.
4.4 When selecting a payment method offered through the payment service "Shopify Payments," the payment processing is carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as "Stripe"). The individual payment methods offered through Shopify Payments will be communicated to the customer in the seller's online shop. To process payments, Stripe may use additional payment services, for which special payment conditions may apply, and the customer may be separately informed about these. More information about "Shopify Payments" can be found online at https://www.shopify.com
4.5 When selecting the payment method invoice purchase, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 14 (fourteen) days of receipt of the invoice without any deductions, unless otherwise agreed. The seller reserves the right to offer the payment method invoice purchase only up to a certain order volume and to refuse this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of a corresponding payment restriction in their payment information in the online shop.
4.6 When selecting the payment method invoice purchase, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 14 (fourteen) days from the invoice date without deduction to Klarna AB, Sveavägen 46, 11134 Stockholm, Sweden (www.klarna.com), unless otherwise agreed. The payment method invoice purchase requires a successful credit check by Klarna AB. If the customer is allowed to use the payment method invoice purchase after the credit check, the payment will be processed in cooperation with Klarna AB, to which the seller assigns his payment claim. In this case, the customer can only make payments with debt-discharging effect to Klarna AB. Furthermore, the General Terms and Conditions of Klarna AB apply in this respect, which the customer can access during the ordering process. The seller reserves the right to offer the payment method invoice purchase only up to a certain order volume and to refuse this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of a corresponding payment restriction in his payment information in the online shop.
5) Delivery and Shipping Conditions
5.1 If the seller offers shipping of the goods, the delivery will take place within the delivery area specified by the seller to the delivery address provided by the customer, unless otherwise agreed. In the processing of the transaction, the delivery address specified in the seller's order processing is decisive.
5.2 If the delivery of the goods fails for reasons attributable to the customer, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to the costs of sending the goods if the customer effectively exercises their right of withdrawal. For the return shipping costs, the regulation made in the seller's withdrawal instruction applies in the case of effective exercise of the right of withdrawal by the customer.
5.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the customer as soon as the seller has delivered the item to the carrier, the freight forwarder, or any other person or institution designated to carry out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally only passes upon delivery of the goods to the customer or a person authorized to receive them. Deviating from this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the customer as a consumer as soon as the seller has delivered the item to the carrier, the freight forwarder, or any other person or institution designated to carry out the shipment, if the customer has commissioned the carrier, the freight forwarder, or any other person or institution designated to carry out the shipment, and the seller has not previously named this person or institution to the customer.
5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This applies only if the non-delivery is not the fault of the seller and the seller has concluded a specific covering transaction with the supplier with due diligence. The seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded without delay.
5.5 Self-pickup is not possible for logistical reasons.
5.6 Coupons are provided to the customer as follows:
- per download
- by email
6) Retention of title
If the seller makes an advance payment, he retains ownership of the delivered goods until the full payment of the owed purchase price is made.
7) Liability for defects (Warranty)
As far as nothing else is stipulated in the following regulations, the provisions of statutory liability for defects apply. Deviating from this, the following applies to contracts for the delivery of goods:
7.1 The customer acts as an entrepreneur,
- The seller has the choice of the type of subsequent performance;
- The limitation period for defects in new goods is one year from the delivery of the goods;
- are the rights and claims due to defects excluded for used goods;
- The limitation period does not restart when a replacement delivery is made within the scope of liability for defects.
7.2 The liability limitations and deadline reductions regulated above do not apply
- for claims for damages and reimbursement of expenses by the customer,
- for the case that the seller has fraudulently concealed the defect,
- for goods that have been used for a building in accordance with their usual purpose and have caused its defects,
- for any existing obligation of the seller to provide updates for digital products, in contracts for the delivery of goods with digital elements.
7.3 Furthermore, it applies to entrepreneurs that the statutory limitation periods for any existing statutory right of recourse remain unaffected.
7.4 If the customer acts as a merchant within the meaning of § 1 HGB, they are subject to the commercial inspection and complaint obligation according to § 377 HGB. If the customer fails to fulfill the notification obligations regulated therein, the goods are considered approved.
7.5 The customer is requested to report any delivered goods with obvious transport damage to the carrier and to inform the seller of this if the customer is acting as a consumer. If the customer does not comply, this will have no effect on their statutory or contractual claims for defects.
8) Redemption of gift vouchers
8.1 Gift vouchers that can be purchased through the seller's online store (hereinafter "gift vouchers") can only be redeemed in the seller's online store, unless otherwise stated on the voucher.
8.2 Gift vouchers and remaining balances from gift vouchers can be redeemed until the end of the third year after the year of the voucher purchase. Remaining balances will be credited to the customer until the expiration date.
8.3 Gift vouchers can only be redeemed before completing the order process. A subsequent offsetting is not possible.
8.4 Multiple gift vouchers can also be redeemed in a single order.
8.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of additional gift vouchers.
8.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.
8.7 The balance of a gift voucher will neither be paid out in cash nor accrue interest.
8.8 The gift voucher is intended for use only by the person named on it. A transfer of the gift voucher to third parties is excluded. The seller is entitled, but not obliged, to verify the material entitlement of the respective voucher holder.
9) Applicable Law
For all legal relationships of the parties, the law of the Federal Republic of Germany applies, excluding the laws on the international sale of movable goods. For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.
10) Code of Conduct
- The seller has submitted to the terms of participation for the eCommerce initiative "Fairness in Trade," which can be found online at https://www.fairness-im-handel.de
/teilnahmebedingungen are viewable./ - The seller has submitted to the Trusted Shops quality criteria, which can be found on the internet at https://www.trustedshops.com
/tsdocument are viewable./TS_QUALITY_CRITERIA_de.pdf
11) Alternative dispute resolution
11.1 The EU Commission provides a platform for online dispute resolution on the internet at the following link: https://ec.europa.eu
This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
11.2 The seller is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.