Terms of Service
Table of contents
- I. Scope
- II. Conclusion of contract
- III. right of withdrawal
- IV. Terms of Delivery
- V. Terms of payment
- VI. retention of title
- VII. Warranty
- VIII. Special provisions for services according to customer specifications
- IX. Special Provisions for Promotional Vouchers
- X. Changes to the terms and conditions or our services
- XI. data protection
- XII. customer service
- XIII. consumer arbitration board
- XIV. Online Dispute Resolution
- XV. Applicable Law and Jurisdiction
The following general terms and conditions (hereinafter referred to as “GTC”) apply to all contracts concluded between you as our customer and us via our website.
Custom Wall Ltd
Managing Director: Alfred Geretshauser
85229 Markt Indersdorf
Phone: +49 8136 9080682
Registration court: District Court of Munich
Registration number: HRB 183379
II. Conclusion of contract
(1) The presentation and advertising of products on our website does not in itself constitute a binding offer to conclude a contract, but only an invitation to submit such an offer (application).
(2) You can submit your offer via the online ordering option provided on our website. The General Terms and Conditions become part of the contract if we draw your attention to the General Terms and Conditions when concluding the contract, give you the opportunity to take note of their content and you agree to the validity of the General Terms and Conditions.
(3) The conclusion of the contract via the online ordering option on our website takes place in the following steps:
(a) You can select the products offered on our website and place them in the electronic shopping cart. Before sending the order, you can view and change the contents of the shopping cart at any time. You can correct your entries using the usual mouse and keyboard functions and the "Back" function of your Internet browser before completing the ordering process by clicking on the "Buy now" button. You can recognize any input errors by carefully reading the information displayed via your Internet browser and by carefully checking the data you have entered. If necessary, you can also use the enlargement function ("magnifying glass function") of your Internet browser for this purpose. You can also end the ordering process at any time by closing the window of your Internet browser.
(b) By sending an order via the online ordering option on our website by clicking on the 'Buy Now' button, you place a legally binding order for the products in the shopping cart. However, this application can only be submitted and transmitted if you have previously accepted these GTC by selecting the appropriate checkbox.
(c) We will immediately confirm receipt of your order by email. Your order will be listed again in this e-mail. You can print them out using the "Print" function. This automatic confirmation of receipt merely documents that we have received your order; it does not constitute acceptance of your application, unless we expressly declare acceptance in addition to confirming receipt.
(d) You are bound by the order for a period of 14 days after placing the order; Your existing right to cancel your order, if any, remains unaffected by this.
(e) The contract is only formed once we have declared our acceptance of your application. This declaration is usually made in a separate email (order confirmation).
(4) We will send you the text of the contract on a durable medium, for example as an e-mail or a paper printout (confirmation of contract) in our e-mail confirming receipt or order or in a separate e-mail, but no later than upon delivery of the goods. The text of the contract consists of your order, our terms and conditions and the order confirmation.
(5) The text of the contract will be stored by us in compliance with data protection. Apart from the above sending, we do not keep the contract text accessible to you.
(6) The contract is concluded in German.
(7) If the delivery of a product you have ordered is not possible, we will refrain from a declaration of acceptance. In this case, a contract does not come about. We will inform you of this immediately and immediately refund any consideration already received.
(8) If you have provided your e-mail address as part of the ordering process or as part of other inquiries, it is your responsibility to ensure that the e-mail address you provided exists, is correct and that you are registered under this e-mail address e-mail address to receive e-mails from us or from third parties who have been commissioned by us to process your order. Automatic SPAM filters must be configured and monitored accordingly.
(9) You agree to an invoice sent electronically.
(10) All prices stated on our website are total prices including statutory VAT and other price components plus shipping costs.
III. right of withdrawal
If you are a consumer within the meaning of § 13 BGB, i.e. a natural person who places the order for a purpose that cannot be attributed to your commercial or independent professional activity, you have a right of withdrawal in accordance with the statutory provisions. Further information on the right of withdrawal can be found in our cancellation policy.
IV. Terms of Delivery
(1) Unless otherwise agreed, delivery will be made to the delivery address you specified.
(2) If you choose PayPal as the payment method, delivery will be made to the delivery address you entered with PayPal at the time of payment.
(3) The delivery period is 5 days, unless otherwise stated in the product description or otherwise agreed with you. It begins with the conclusion of the contract.
(4) If you choose "Pick up yourself", we will inform you as soon as the goods you have ordered can be picked up from us. Following this information, you can pick up your ordered goods at our headquarters. Shipping costs do not apply in this case.
V. Terms of paymentWe offer the following payment methods:
(1) Payment in advance: We offer you payment in advance by bank transfer. If this payment method is selected, unless otherwise agreed, our claim to payment of the agreed price becomes due upon conclusion of the contract.
(2) Payment processing via the payment service provider PayPal: We offer you the following options for payment processing via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal") at:
PayPal direct debit: In this case, the payment is processed by collecting our claim for payment of the agreed price by SEPA direct debit through PayPal. Our claim to payment of the agreed price becomes due after the SEPA direct debit mandate has been issued, as soon as the period for advance information on making the payment by direct debit, so-called prenotification, has expired. This pre-notification is a notification from PayPal on our behalf to you, which announces a payment collection by SEPA direct debit and is intended to enable you to prepare for the collection and to ensure that your account is covered, at least in the amount of the payment. Once a SEPA direct debit mandate has been issued, PayPal will only collect the payment once the pre-notification period has expired. In the event that a payment collection by SEPA direct debit is not possible because the specified account does not have sufficient funds, incorrect bank details were given or you object to the collection without authorization, you have to bear the fees if you are responsible a reversal of the credit institution concerned arise. You reserve the right to prove that no or only minor damage was caused by the returned direct debit.
PayPal credit card: In this case, the payment is processed by debiting a credit card specified by you in the amount of our claim for payment of the agreed price by PayPal. Our claim to payment of the agreed price only becomes due when your order has been dispatched. We accept credit cards from the providers Master Card, Visa and American Express via our partner PayPal. If you select this payment method, you do not have to be registered with PayPal in order to be able to pay the invoice amount. The payment transaction will be carried out by your credit card company at the request of PayPal immediately after the payment order has been confirmed and after your legitimation as the legitimate cardholder, and your card will be debited. You'll get more information during the ordering process. If you return one or more items, the corresponding value of the goods will be credited back to the credit card originally charged. Your credit card data will be encrypted using the SSL method. Verified by VISA and MasterCard Secure Code enable the particularly secure processing of credit card transactions on the Internet using special encryption methods. You do not need any software on your computer for this. Both customers who are already registered and those who are not yet registered are automatically forwarded to their bank's website via the payment process. In order to complete the order successfully, please follow the steps given there.
(3) You can change the payment method saved in your user account at any time.
(4) If you want delivery to a country that is not part of the European Union, this may result in additional costs for which we are not responsible and which you must bear. This includes, among other things, fees for the transaction of funds abroad by credit institutions such as transfer or exchange rate fees. In addition, there may be public duties due to importation, such as taxes or customs duties. We draw your attention to the fact that such transaction-related costs can be incurred regardless of the delivery location, even if you make the payment from a country that is not part of the European Union.
(5) In the case of self-pickup, you have the option of paying in advance on site.
VI. retention of title
The delivered goods remain our property until the purchase price has been paid in full.
(1) We are liable for defects in quality or title in the goods delivered in accordance with the applicable statutory provisions, in particular Sections 434 et seq. of the German Civil Code.
(2) If you are an entrepreneur, the following regulations apply to contracts for the delivery of goods:
- In the case of new goods, the limitation period for defects is one year from the date of delivery of the goods.
- In the case of used goods, the rights and claims due to defects are excluded.
- We as the seller are entitled to choose the type of supplementary performance.
- Even if a replacement delivery is made as part of the liability for defects, the limitation period does not begin again.
(3) The above limitations of liability and shortening of deadlines do not apply
- for claims for damages and reimbursement of expenses
- if we as the seller have fraudulently concealed the defect
- for goods that have been used for a building in accordance with their usual purpose and have caused its defectiveness
- for any obligations to provide updates for digital products in contracts for the supply of goods with digital elements.
(4) In addition to claims for defects in quality or title, there may be guarantees given by us for certain goods or manufacturer guarantees granted by manufacturers of certain goods. Details on the scope of such guarantees can be found in the respective guarantee statement.
(5) If goods are delivered to you that show obvious transport damage, we ask you to inform us of this and to complain about the transport damage to the delivery agent. However, this does not affect your statutory or contractual warranty rights.
VIII. Special provisions for services according to customer specifications
(1) Subject to deviating regulations, these General Terms and Conditions also apply to contracts in which the subject of our service is not only the delivery of goods but also their processing according to specifications specified by you ("services according to customer specifications"). Subject to the information in the respective service description, the following regulations also apply.
(2) In order to provide our service, you provide us with all the content and information required for processing. This may include content such as text, images, photos, graphics, drawings, sketches or other content or information that can be displayed. Permissible file formats and sizes as well as other specifications such as formatting, image sizes, color range or color depth, aspect ratios, (minimum) resolution, etc. result from the respective service description.
(3) In order to provide our service, you grant us the necessary rights of use to the above content and information.
(4) You are responsible for the above provision of the content and information necessary for the provision of our service and for the granting of rights. It is also your sole responsibility to procure this content and information yourself and to acquire the necessary rights to it.
(5) You represent and warrant that
(a) that you are the owner of the respective rights or are otherwise entitled and authorized to provide us with the content and information for the provision of our service and to grant the necessary rights;
(b) that no rights of third parties, in particular copyrights, personal rights or industrial property rights such as design or registered design rights, patent or utility model rights, trademarks or other trademark rights are violated as a result.
(6) In the event that third parties assert claims against us due to the infringement of their rights in the contractual use of the aforementioned content and information provided to us, you indemnify us from these claims if you are responsible for the infringement. The exemption also includes those costs in a reasonable amount that arise on our side in the event of a necessary legal defense; this includes all court and attorney fees at the statutory rate.
(7) If claims are made against us by third parties in the aforementioned case, you will immediately and truthfully provide us with all the information required to examine the facts and the legal situation, in particular the claims and the defence.
IX. Special Provisions for Promotional Vouchers
(1) We also offer promotional vouchers on our website. Promotional vouchers are, unless otherwise agreed, vouchers that we make available to you free of charge in connection with promotions that cannot be purchased, that are only valid for a limited period of time and that can only be redeemed on our website. The following regulations apply to promotional vouchers.
(2) Unless otherwise agreed, promotional vouchers can only be redeemed on our website before completing the ordering process. Once the period of validity has expired, promotional vouchers can no longer be redeemed. Promotional vouchers cannot be offset retrospectively. You can only redeem one promotional voucher per order.
(3) Unless otherwise stated, you can only redeem promotional vouchers with us as a consumer.
(4) We are entitled to limit the validity of promotional vouchers to certain products or to exclude them from being valid for certain products. Such a restriction results from the content of the respective promotional voucher.
(5) The total value of your order must equal or exceed the value specified on the promotional voucher. Any difference between these values, ie any remaining credit, will not be reimbursed by us.
(6) If you make use of your statutory right of withdrawal and return the goods in question that you paid for in whole or in part with the promotional voucher, the value of the promotional voucher will not be refunded.
(7) A cash payment of the value of the promotional voucher or its interest does not take place.
(8) If the total value of your order exceeds the value of the promotional voucher, you can pay the amount not covered by the value of the promotional voucher using the means of payment offered by us.
(9) Promotional vouchers cannot be transferred to third parties and can only be redeemed by the person named on the promotional voucher. We reserve the right to check whether the person named on the promotional voucher is entitled to claim the gift voucher; however, we are not obliged to do so.
X. Changes to the terms and conditions or our services
(1) We reserve the right to change our terms and conditions or our services,
(a) if our terms and conditions or our services have to be adapted to the applicable law, in particular in the event of a changed legal situation, developments in case law or if we have to comply with a court or official decision,
(b) if technical or procedural changes that have no significant impact on you make it necessary to change the GTC or our services,
(c) if we offer new or additional services that must be included in the terms and conditions and this does not entail any disadvantages for the existing contractual relationship with you, or
(d) if the changes to our terms and conditions or our services are only legally advantageous for you.
(2) You will be notified of changes in writing, by fax or by email. If you do not object to this change within six (6) weeks after receipt of the notification, you will be deemed to have accepted the changes. You will be informed separately about your right to object and the legal consequences of remaining silent.
(3) Your rights regarding the termination of the contractual relationship with us remain unaffected.
XI. data protection
Information on the processing of personal data can be found in our data protection declaration.
XII. customer service
If you have any questions, complaints or complaints, you can reach us on the telephone number +4981369080682 or by e-mail at firstname.lastname@example.org .
XIII. consumer arbitration board
XIV. Online Dispute Resolution
The EU Commission has set up an internet platform for the online settlement of disputes (OS platform) between entrepreneurs and consumers. The OS platform can be reached at https://ec.europa.eu/consumers/odr/
XV. Applicable Law and Jurisdiction
(1) The law of the Federal Republic of Germany applies to the exclusion of the UN Sales Convention. Statutory regulations restricting the choice of law and the applicability of mandatory regulations, in particular those of the state in which you as a consumer have your habitual residence, remain unaffected.
(2) If you as a customer are a merchant, 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 you and us is our registered office. Otherwise, the applicable local and international jurisdiction shall apply legal regulations.
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