Terms of Service

Berlintapete GMBH

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Status: October 1st, 2018

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Validity of the terms and conditions

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These general terms and conditions (GTC) are part of the contract between you and us, Berlintapete GmbH. These terms and conditions apply subject to individual agreements and arrangements that take precedence over these terms and conditions. Other terms and conditions are not accepted by us and are therefore not part of this contract; this also applies in particular to such terms and conditions, which in terms of content  go beyond these terms and conditions.  

Contractual partner

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When ordering products and / or services via the website www.berlintapete.de and www.berlintapete.com, a (purchase or work delivery) contract is only concluded with Berlintapete GmbH (see also below, Section IV. of these GTC): Berlintapete GmbH operates the website www.berlintapete.de, www.berlintapete.com,  as well as shops / showrooms:  

Berlintapete GmbH 

Unter den Linden 10

D-10117 Berlin

Phone: +49 (0) 30 - 44 04 20 53 

Fax: +49 (0) 30 - 44 04 20 09  

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Email: office@berlintapete.de  

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Managing director: Aram Radomski

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Register court: District court Berlin Charlottenburg  

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Register number: 108262 H 

Sales tax identification number: DE 232334159  

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Subject matter and purpose of the contract, the nature of the subject matter of the contract;

Customer's duty to cooperate

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1. Subject matter of the contract

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The subject of the contract are the products and services specified in the order process on the website www.berlintapete.de or in the context of the order in one of the shops / showrooms operated by Berlintapete GmbH and stated in our order confirmation at the final prices stated there (see Sect. Clause VI of these GTC).  

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2. Quality of the subject matter of the contract

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We create the products you have ordered (especially wallpaper strips and posters) based on your specifications, especially with regard to design (motif / design selection by you), dimensions and other information. In particular, if you provide us with your own motifs (e.g. photographs), the optical quality of the end product (poster or wallpaper strip) depends significantly on the quality of your motif and the transmitted file, e.g. on its sharpness, lighting, resolution, the degree the compression, etc. Any weaknesses in your template will be increased to the same extent by the extreme enlargement during the production of the wallpaper / poster you have ordered and will appear correspondingly strongly. During the manufacture of the products you have ordered, there may also be slight color deviations between the template and the manufactured product for technical reasons. Deviations of the goods from sample images can also arise due to the thickness, structure and surface of the carrier fleece and are unavoidable. For technical reasons, the images of our products and services on our and other websites, in catalogs, sample books, flyers and other publications, etc., can only incompletely reproduce them. Colors, in particular, can vary significantly from those of the final product. This can also be due to the individual settings of your computer and monitor etc., the respective lighting (daylight, artificial light etc.) and the like. These restrictions are part of the agreed quality of the products and services owed by us and do not represent a defect or any other poor performance by us. Properties expressly assured individually are excluded from this. A high level of color consistency can only be ensured with reordered goods if a proof is expressly requested from Berlintapete GmbH when ordering and upon request. Here, too, slight color deviations are unavoidable due to production. When processing our products, please pay close attention to all report information and processing instructions.  

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3. Customer's duty to cooperate,  In particular, proof of ownership of rights when providing your own designs / motifs

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We create the products you have ordered according to the specifications in your order. This applies in particular to the design / motif selection and the specification of the desired dimensions. If necessary, we will use the motif template you gave us (e.g. a photograph you created). You must provide us with this preparatory work on your part in a suitable form, for which purpose our automated ordering process on the websites of our sales partners (e.g. www.berlintapete.de) is to be used. There you will also find further details about this process. For all data transmitted to us by you (motifs, designs, photographs, drafts, etc.), we assume that  all copyrights, design patents, trademarks and / or other ancillary copyrights (in particular, for example, of the photographer) as well as all personal rights and similar rights are owned by you, also with regard to trademarks, marks, objects and / or people. 

If you send us your own motif or design, e.g. a photograph, for the production of a product (in particular a poster or wallpaper), you hereby expressly assure us that all of these rights are entirely yours, at least as much , which is necessary for us to reproduce this motif or design, to make it available in the album function offered on www.berlintapete.de and for your planned use of the product we have manufactured for you. You are solely responsible for the damage and costs resulting from a possible violation of these and other rights. In the event that a claim is made against us or one of our sales partners, in particular Berlintapete GmbH, by third parties due to your lack of authorization for such a design or motif for the above-described use, you ensure the immediate and complete release from us and / or Berlintapete GmbH resulting costs (especially for legal defense) and, if you are responsible for all damages. In general, you are obliged not to hinder our activities in the performance of the contract and, if necessary or agreed, to cooperate in the performance of the contract by us.  

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Conclusion of contract; Contract language

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1. Conclusion of a contract

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The product and service presentations on the website www.berlintapete.de and in the shops / showrooms of Berlintapete are only non-binding invitations to you to submit an offer to us. Errors and changes are reserved. A contract between you and us comes about when you send us a binding offer for one or more specific products using the automated ordering process on the website www.berlintapete.de, by telephone or by ordering in one of the Berlintapete GmbH shops and / or transmit services (order or order) and we accept this offer with a binding order confirmation (usually in the form of an email). Your order can also be accepted by us executing your order and delivering the products or services ordered. The order confirmation (e-mail) sent to you by us immediately after receipt of the order, which only confirms that we have received your order, is not yet a binding order confirmation. This order confirmation contains all the details of your order and is also used for your control.  

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2. Technical steps to conclude a contract

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Correction of input errors In the following process, you can go back to the final order in the event of input errors at any time using the "Back" link at the bottom left of every page:  

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a)  You collect the wallpapers you want in a shopping cart. There you have the option of changing the format and number of each individual wallpaper or deleting the item.  

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b) In the following, you leave us information about the recipient of the invoice and delivery as well as the method of payment. You can also set up an account with us for this purpose, so that this information is available for your next order.  

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c) Your order and your details will then be displayed in an overview for you to check.  

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d) As soon as you finally click the blue button "Order >>" at the bottom of the page, you order all of the specified items. You will receive a confirmation page with your order number. You will be sent an order confirmation email with all order details to the email address provided. A little later you will receive an order confirmation email with details of the payment to the same email address.  

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Storage of the contract text

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After your order has been processed, we do not save or archive the contract concluded with you. Please keep the order confirmation and, if applicable, order confirmation sent to you as a reference.

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Right of return for consumers

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The following right of return is only available to consumers, ie natural persons who do not purchase our products and / or services for their commercial or independent professional activity. 

In addition, there is no right of return for orders in which we manufacture products according to your personal needs, in particular if we manufacture a product with your own motif that you have sent to us or if you have a product (in particular a wallpaper) from Order the dimensions given to you that do not correspond to the standard dimensions. There is also no right of return if you have bought a product and / or service in a shop / showroom from us or one of our sales partners or directly in our production facility.  

*** Beginning of the return policy ***  

Refund policy:

You can return the received goods without giving a reason within two weeks by sending the goods back. 

The period begins after receipt of this instruction in text form (e.g. as a letter, fax, e-mail), but not before receipt of the goods by the recipient (in the case of recurring delivery of similar goods, not before receipt of the first partial delivery) and also not before our fulfillment Information obligations according to § 312c Paragraph 2 BGB in connection with § 1 Paragraph 1, 2 and 4 BGB-InfoV as well as our obligations according to § 312e Paragraph 1 Clause 1 BGB in connection with § 3 BGB-InfoV. 

Only in the case of goods that cannot be sent as a parcel (e.g. bulky goods) can you also declare the return by requesting them to be returned in writing. The timely dispatch of the goods or the return request is sufficient to meet the deadline. In any case, the return is at our risk and expense.

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The return or the return request must be sent to:

Berlintapete GmbH, Unter den Linden 10,  D-10117 Berlin

Telephone: +49 (0) 30 4404 20 53 Fax: +49 (0) 30 4404 20 09 E-Mail: produktion@berlintapete.de

Return consequences:

In the case of an effective return, the mutually received services are to be returned and any benefits (e.g. advantages of use) surrendered. 

In case of deterioration of the goods, compensation can be demanded. This does not apply if the deterioration of the goods is solely due to their inspection - as it would have been possible for you in a shop, for example. 

In addition, you can avoid the obligation to pay compensation for a deterioration caused by the intended use of the item by not using the goods as if you were your property and by refraining from anything that could impair their value.  Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you with the dispatch of the goods or the return request, for us with the receipt.  

*** End of instruction on the right of return ***

We ask you - without this being a prerequisite for exercising your right of return - to use the product and transport packaging we have used for the return or to pack the product appropriately in another way and not to send the shipment "freight collect". Your return costs will be reimbursed by us.

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Prices and obligation to pay; Delivery and risk assumption; Retention of title;

Offsetting and retention

1. Prices and obligation to pay The prices stated on the websites of our sales partners or communicated in their shops / showrooms are final prices in euros including statutory VAT. In the case of custom-made products, the price is based on a cost estimate prepared by us before the conclusion of the contract. The freight / shipping costs that are also shown or communicated there are added to these prices. You or the consignee must bear any import duties and other charges that may be incurred for deliveries abroad. When ordering products manufactured in series, the purchase price is due upon delivery / collection of the goods. In the case of individual productions according to customer requirements, advance payment in the amount of the purchase price must be made to our account specified in the order confirmation after the order confirmation. From an order value per order of more than EUR 1,000.00, the amount of the advance payment to be made is reduced to 50% of the amount owed. We are not obliged to start manufacturing before receipt of payment.  

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2. Delivery and assumption of risk Delivery takes place ex works to the address you have given. To manufacture non-series products, we need approx. 14 working days from receipt of your order and, if necessary, payment or down payment (see above, Section VI. 1.) Immediately after their completion (for series products: immediately), the ordered products are forwarded by a shipping company commissioned by us. We bear the shipping risk to consumers. For the rest, especially in the case of contracts with companies, you bear the shipping risk from the point in time at which we have handed over the products you have ordered to the shipping company for transport to you; We are happy to send you insured shipping at your request and against reimbursement of the additional costs incurred.  

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3. Retention of title Products manufactured and delivered by us remain our property until you have paid for them in full.  

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4. Offsetting, retention You are only entitled to offset and withhold if your counterclaims have been legally established or are undisputed. You are only entitled to retention due to corresponding counterclaims from the same contractual relationship.

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Warranty and claims for damages by the buyer

1. Agreed quality Please note the comments above under III. 2 on the nature of our products and services. Our products and services are within the range of quality shown there. Certain inevitable fluctuations within this range do not represent a defect in our products and services but are part of the agreed quality.  

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2. Warranty The warranty for consumers is in accordance with the statutory provisions, ie consumers have a right to subsequent performance (removal of defects or new delivery of your choice) and, if the relevant legal requirements are met, a right to a reduction in price or withdrawal and compensation. Compensation for damages is subject to the restrictions listed below. 

With regard to entrepreneurs, the guarantee takes place in accordance with the statutory provisions with the restriction that the choice of subsequent performance (removal of defects or new delivery) is made by us. Compensation for damages is subject to the restrictions listed below.  

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3. Limitation and limitation of damages Our liability for damages and that of our vicarious agents is / is limited 

- on the damage usually foreseeable at the time of conclusion of the contract and 

- for 1 year from delivery of the respective product or from acceptance of the respective service. 

However, none of this applies to damage resulting from injury to life, limb or health and / or damage from the breach of cardinal contractual obligations / essential contractual obligations and / or in the event of willful intent or gross negligence on the part of us or our vicarious agents. In these cases the statutory liability for damages applies without restriction. Liability under product liability law also remains unaffected.  

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4. Obligation to examine and report defects found If you are a consumer, we ask that you notify us of any transport damage or other, externally immediately apparent damage to the products sent to you as soon as possible. However, this is not a prerequisite for your warranty and compensation claims as a consumer. Irrespective of this, for customers who are entrepreneurs and who act in this capacity, the obligation to inspect and complain according to Section 377 of the German Commercial Code (HGB) with the stipulations that a professional inspection must be carried out and all defects detected by email, fax or post under more precisely applies Description of each identified defect must be reported within 10 working days of receipt of the goods. If defects are discovered later that were not discovered or could not have been discovered during the prescribed inspection, this must be reported immediately, at the latest within 3 working days from the discovery of the defect. Otherwise (no, inadequate and / or delayed examination and / or complaint) the goods are deemed to be approved as free of defects if defects would have been discovered during the prescribed examination.  

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Lump sum compensation for the seller

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If you unjustifiably refuse to accept the goods you have ordered and to pay for them and we are therefore able to demand compensation from you in accordance with the statutory provisions instead of the performance, this compensation amounts to a flat rate of 40% of the purchase price, unless you can prove that damage did not occur at all or not in the amount of this lump sum; In the case of individual productions according to your specifications, the flat-rate compensation for damages is 90% under the same conditions. In addition, our claims against you in the event of breach of contract and / or breach of duty by you are based on the statutory provisions.  

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Copyrights and other ancillary copyrights

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All copyrights, registered designs and other ancillary copyrights to our designs, drafts and other arrangements remain with us or with our sales partners, especially Berlintapete GmbH. In particular, these may not be used for commercial or commercial purposes, regardless of the way in which they are used. This also applies to design ideas resulting from a design order.  

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Use of data  (see also data protection declaration Berlintapete GMBH)

We only collect, process and use the personal data you have entered in the order form on www.berlintapete.de as part of your order or otherwise transmitted to us, and only in order to be able to carry out your order. We are supported by Berlintapete GmbH, which collects the necessary data for us and transmits it to us. The data you enter during the ordering process are also stored in a so-called cookie on your computer (if you have set this functionality in your browser). This cookie will be called up the next time you visit our website; this means that you do not have to re-enter your data when placing an order. Otherwise, we only collect, process and use your personal data if you have given your express prior consent.  

You can revoke this consent at any time by sending a message to: 

Berlintapete GmbH

Unter den Linden 10

D-10117 Berlin 

Phone: +49 (0) 30 - 44 04 20 53 

Fax: +49 (0) 30 - 44 04 20 09 

Email: office@berlintapete.de  

We do not pass on your personal data, including your home address and email address, to third parties without your express consent, which can be revoked at any time. This does not apply to our service partners that we use to process your order (in particular the shipping company commissioned with the delivery, the credit institute commissioned with the payment processing and Berlintapete GmbH) and who need certain data (e.g. your address). Upon request to the address mentioned, we will inform you of the data we have stored about you.  

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Applicable Law

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Place of jurisdiction All disputes arising from this legal relationship are subject to the law of the Federal Republic of Germany; the validity of the UN sales law (CISG) is excluded. If you are a merchant and act in this capacity, the place of jurisdiction is Berlin. For the rest, especially for lawsuits by or against consumers, the statutory places of jurisdiction apply.

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Berlintapete GmbH, Berlin, Germany, 2018