Terms and Conditions

Our general terms and conditions

1. Scope

The following terms and conditions apply to all orders in our online-shop by consumers and entrepreneurs.

A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither their commercial nor their independent professional activity. An entrepreneur is a natural or legal person or legal partnership that acts at entering into a legal transaction in the exercise of their commercial or independent professional activity.

These conditions and terms apply towards entrepreneurs also for future business relationships, without having to point them out again. If the entrepreneur uses conflicting or complementary general terms and conditions, their validity is hereby contradicted; only if we expressly agree to that, they will become part of the contract.

2. Contractual partner, conclusion of contract

The purchase contract is concluded with Tapeten Ewering Raumdesign Inh. Dirk Ewering e.K..

With setting the products in the online-shops we give a binding offer to conclude a contract about these articles. You can put our products first not binding into the shopping cart and change your data before sending your binding order at every time by using the provided and explained correction aids provided in the order process. The contract is concluded if you accept the offer for the goods contained in the shopping cart by clicking the order button. Immediately after sending the order you will receive a confirmation via e-mail.

3. Contract language, contract text storage. The languages available for the conclusion of the contract are German and English.

We will save the text of the contract and send you the order data and our general terms and conditions via e-mail. In our customer login you can see the text of the contract.

4. Terms of delivery

In addition to the specified product prices, shipping costs are added. You can find more information to the amount of the shipping costs at the offers.

You have the option of picking up at wallpaper Ewering Raumdesign Inh. Dirk Ewering e.K., Schulstraße 3 , 48734 Reken, Deutschland at the following business hours: MO-FR: 08:30 am - 12:30 pm & 14:00 pm - 18:00 pm, SA: 08:30 am - 13:00 pm.

We do not deliver to packing stations.

5. Payment

The following payment methods are available in our shop:

Cash in advance
When selecting the payment method cash in advance you receive our bank details in a separate e-mail. We will deliver the goods after receiving your payment..

PayPal Plus
As part of the payment service PayPal Plus we offer you different payment methods as PayPal services. You get redirected to the website of the internet service provider PayPal. There you can specify your payment data and confirm the usage of your data by PayPal and the money order to PayPal.

If you choose the payment method PayPal you have to be registered or rather have to register yourself and legitimize with your access data first, to pay the invoice amount. The payment transaction will be done by PayPal immediately after confirming the money order automatically. You will get further information at the ordering process.

If you choose the payment method credit card, you don’t have to be registered at PayPal, to pay the invoice amount. The payment transaction will be done immediately after confirming the money order and after your legitimation as a legitimate cardholder from your credit card company at the request of PayPal and your card will be charged. You will get further information at the ordering process.

If you choose the payment method debit, you don’t have to be registered at PayPal, to pay the invoice amount. With confirming the money order you give PayPal a direct debit mandate. You will get informed by PayPal about the date of account debit (so-called prenotification). Upon submission of the direct debit mandate immediately after confirmation of the payment order, PayPal asks its bank to initiate the payment transaction. The payment transaction is carried out and your account is debited. You will get further information at the ordering process.

If you choose the payment method purchase on account, you don’t have to be registered at PayPal, to pay the invoice amount. After successful address and credit check and submit the order we assign our claims to PayPal. In this case you can only make payment to PayPal with the effect of discharging the debt. The general terms and conditions and the data protection declaration of PayPal apply – in addition to our general terms and conditions - to this payment transaction via PayPal. Further information and the full general terms and conditions of PayPal for the purchase on account can be found here: www.paypal.com/de/webapps/mpp/ua/pui-terms

Sofort
After submit the order you will get redirected to the website of the online provider Sofort GmbH. To pay the invoice amount via Sofort, you must have an online banking account with PIN/TAN-procedure that is unlocked for the participation in Sofort, legitimize yourself accordingly and confirm the payment instruction to us. You will get further information at the ordering process. The payment transaction is carried out by Sofort immediately and your account is debited.

Amazon Pay
In the ordering process, you will be redirected to the website of the online provider Amazon before completing the ordering process in our online shop. To transact the ordering process over Amazon and pay the invoice amount, you have to be registered there or rather register first and legitimize with your access data. There you can choose the delivery address and payment method that is saved at Amazon and confirm the use of your data by Amazon and the payment instruction. Afterwards you get returned to our online-shop, where you can complete the ordering process.

Immediately after shipping the goods we ask Amazon to initiate the payment transaction. The payment transaction is carried out by Amazon automatically. You will get more information at the ordering process.

Cash on pickup
You pay the invoice amount cash on pickup.

6. Reservation of title

Until full payment the goods remain our property. The following applies in addition to entrepreneurs: We reserve the ownership of the goods until all claims from an ongoing business relationship have been paid in full. You are allowed to resell the reserved goods in the ordinary business; you transfer all claims that arise from this resale – regardless of a connection or mixing of the reserved goods with a new item – in the amount of the invoice amount to us in advance and we accept this assignment. You remain authorized until the collection of requirements, however we are allowed to collect the requirements at our own, so far as you can not comply your payment obligations.

7. Transport damage

The following applies to consumers:
If goods are delivered with obvious transport damages, so please complain such mistakes as soon as possible at the deliverer and please contact us immediately. The failure to make a complaint or contact us will have no consequences for your legal claims and their enforcement, especially your warranty rights. But you would help us, to enforce our own rights against the carrier or transport insurance.

The following applies to entrepreneurs:
The risk of accidental destruction and accidental deterioration passes to you, as soon as we deliver the object to the forwarding agent, the freight leader or the person or institution otherwise designated to carry out the dispatch. The inspection and notification requirements that are regulated in § 377 HGB applies to businesspeople. If you refrain from the notification which is regulated there, the goods are considered approved, unless it is a matter of a defect which was not recognizable during the inspection. This does not apply to defects that we have hidden maliciously.

8. Warranties and guarantees

The legal right of warranty applies, unless otherwise expressly agreed below. For consumers, the period of prescription for claims for defects at used things one year from delivery of the goods.
For entrepreneurs, the limitation period for claims for defects is one year from the transfer of risk; the legal period of prescription for claims for defects for the recourse are not affected according to § 478 BGB.
Towards entrepreneurs apply only our own information and the manufacturer's product descriptions that were included in the contract as an agreement on the quality of the goods; we do not assume liability for public statements of the manufacturer or other advertising messages. If the delivered object is defective, we guarantee initially at our choice to eliminate the defect (rectification) or to deliver a defect-free item (replacement).
The above mentioned limitations and shortened time limits do not apply to claims based on damage caused by us, our legal representatives or vicarious agents

  • at injury to life, body or health
  • in the event of an intentional or grossly negligent breach of duty as well as malice
  • at violation of essential contractual obligations, the fulfillment of which enables the proper execution of the contract on the first place and on the observance of which the contractual partner can regularly rely (cardinal obligations)
  • as part of a promise to take over a guarantee, if agreed
  • as far as the scope of the product liability law is open.

Further information about any additional guarantees that may apply and their exact conditions can be found each at the product and at the special information pages in the online-shop.

Customer service: You can reach our customer service for questions, claims and complaints at working days from 8:30 am to 6 pm at the phone number +49 (0)2864/9487-90 as well as via e-mail at verkauf@ewering.de.

9. Liability

We are always liable without limitation for claims due to damage caused by us, our legal representatives or vicarious agents

  • at injury to life, body or health,
  • in the event of an intentional or grossly negligent breach of duty,
  • as part of a promise to take over a guarantee, if agreed, or
  • as far as the scope of the product liability law is open.

 

In the event of a breach of essential contractual obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and the contractual partner can regularly rely on compliance, (cardinal obligations) due to slight negligence on our part our legal representatives or vicarious agents are limited in their amount of liability to the damage that was foreseeable at the time the contract was concluded, the occurrence of which must typically be expected. Otherwise rights to compensations are excluded.

10. Code of Conduct

We have submitted the following codes of conduct:
Trusted Shops quality criteria
www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf

11. Dispute resolution
The European commission provides a platform for online dispute resolution (OS), that you can find here ec.europa.eu/consumers/odr/
We are ready to participate in an extrajudicial arbitration procedure in front of a consumer arbitration board.

12. Concluding clauses

If you are an entrepreneur, then German law applies to the exclusion of UN-sales law.

If you are a merchant according to the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.


AGB created with the Trusted Shops right copywriter in cooperation with Wilde Beuger Solmecke Rechtsanwälte.

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