General Terms and Conditions (T&C) of Longo Deutschland GmbH

General Terms & Conditions
Last revised: 19.01.2015


Section 1    Scope of validity
(1) All contracts entered into between Longo Deutschland GmbH, Ammannstraße 12, D-86167 Augsburg (hereinafter "Supplier") and the customer (hereinafter "Customer") via the online shop at www.tapeterie.de shall be governed by the following General Terms & Conditions, as currently amended at the time the contract is concluded. Any conditions set by the Customer shall not apply and are hereby rejected unless agreed otherwise.
(2) Customers as defined by these General Terms & Conditions can be both consumers and entrepreneurs.
Consumers as defined in section 13 of the German Civil Code (BGB) are natural persons who enter into a legal transaction for a purpose that is predominantly outside their trade, business or profession.
Entrepreneurs as defined in section 14 of the German Civil Code (BGB) are natural or legal persons or partnerships with legal personality who or which, when entering into a legal transaction, act in exercise of their trade, business or profession.

Section 2    Subject of contract
The subject of contract is the sale of goods by the Supplier. The details, and in particular the main features of the goods, may be found in the respective descriptions.

Section 3    Registration and login
(1) The Customer is not required to register in the online shop of the Supplier in order to place purchase orders.
(2) The Customer is required to log in if the latter wishes to use the required personal data in future purchase orders or to see a list of the purchase orders made via "My account" or to be able to change the personal data entries, and one-time registration is required for that purpose.
(3) In order to register, the Customer will be provided with a form that must be filled in truthfully and sent. The email address of the Customer is taken as the user name. The Customer can decide on the password. The Customer is required to keep the password secret and not to disclose it to third parties under any circumstances.

Section 4    Conclusion of contract
(1) The product descriptions in the Supplier's online shop do not constitute legally binding offers on the part of the Supplier but are merely intended to show the Customer the items for sale with a view to soliciting a binding offer.
(2) The Customer can select products from the range offered by the Supplier and collect them in a shopping cart using the "Add to shopping cart" button. By clicking on "Submit order" the Customer then places a binding order to purchase the goods in the shopping cart. Before submitting the order, the Customer can correct the entries made at any time using the normal keyboard and mouse functions. The Customer can also correct input data errors by cancelling the process before submitting the order and, where applicable, starting again. The customer can also cancel the order process completely by simply closing the browser window. The binding order for the goods in the shopping cart can only be submitted and sent when the customer has ticked the box "I have read and agree to abide by the Terms & Conditions" to indicate acceptance of these General Terms & Conditions and to confirm acknowledgement of their application to the order.
(3) The Supplier will then send the Customer an automatic confirmation of receipt by email in which the Customer’s order is summarised again. The automatic confirmation of receipt only indicates that the Customer’s order has been received by the Supplier and does not constitute an acceptance of the order. The contract shall not come about until such time as the Supplier sends confirmation of acceptance in a separate email (order confirmation), but not later than through shipment of the ordered goods.
(4) The contractual text relating to the purchase order placed by the Customer will be saved by the Supplier and sent to the Customer by email as part of the order confirmation process following submission of the purchase order. The contractual text is also available in the Supplier's online shop and can be accessed by the Customer via the latter's password-protected account, provided that the Customer has set up an account in the Supplier's online shop before sending the purchase order.
(5) German is the only available language for conclusion of the contract.

Section 5    Availability of goods
(1) If the goods ordered by the Customer are temporarily unavailable at the time of the order, the Supplier will notify the Customer of this without delay in the order confirmation. In the event of a delay in delivery which lasts for more than two weeks, the Customer shall be entitled to withdraw from the contract. The Supplier will also be entitled to cancel the contract in this case, and any payments that have been made by the Customer will be returned without delay.
(2) If the goods ordered by the Customer are permanently unavailable at the time of the order, the Supplier will notify the Customer of this situation without delay by email and refrain from sending an order confirmation. In this case no contract shall come about.

Section 6    Shipping and delivery period
(1)    Deliveries are made all over the world. The goods will be shipped by parcel post.
(2) Delivery will be made not later than within the delivery period indicated for the particular article (Monday to Friday excluding public holidays). The period allowed for delivery shall begin on the day after conclusion of the contract.
(3) The Supplier will bear the shipping risk for the ordered goods if the Customer is a consumer. If the Customer is an entrepreneur, the latter shall bear the shipping risk.

Section 7    Prices and shipping costs
(1) The prices are quoted by the Supplier in euros (EUR) including statutory value added tax at the prevailing rate. No charges are made for shipping.
(2) The Customer shall be required to bear any additional costs that may be incurred for deliveries to countries outside the European Union, such as duties, taxes or charges.

Section 8    Terms of payment
(1) The Customer can make payment on invoicing, by credit card or by using the online payment systems Sofortüberweisung, Giropay or PayPal.
(2) If the Customer has chosen to pay on invoicing, the purchase price shall be due for payment strictly net within 14 days of receipt of the invoice.

Section 9    Reservation of title
The supplied goods shall remain the property of the Supplier until such time as payment has been made in full.

Section 10    Liability for defects
(1) The Supplier shall be liable for defects with the supplied goods as set out in the relevant statutory provisions, unless stipulated otherwise in this paragraph and in section 11.
(2) If the Customer is an entrepreneur, defects shall be subject to a limitation period of one year after the passage of risk. The limitation period shall not begin afresh if a replacement is supplied under the warranty for defects. The statutory limitation periods for recourse action under section 478 of the German Civil Code (BGB) shall remain unaffected. The same shall apply in case of wilful neglect of duty or fraudulent concealment of defects.

Section 11    Liability
(1) The Customer may not claim damages unless otherwise determined below.
(2) The exclusion of liability shall not apply for claims by the Customer for damages arising from injury to life, limb or health or from a violation of essential contractual obligations and liability for other losses caused by a deliberate or grossly negligent breach of duty on the part of the Supplier or its legal representatives or vicarious agents. Essential contractual obligations are those that are essential to fulfilling the purpose of the contract and on which the Customer ought to be able to rely. These include, for example, the duties of the Supplier to transfer the purchased goods to the Customer free of material defects and deficiencies in title and to transfer ownership of said goods to the Customer.
(3) If the Supplier negligently breaches an essential contractual obligation, the Supplier shall only be liable for foreseeable damage typical of this type of contract if the damage was caused by ordinary negligence, unless the Customer asserts claims for damages arising from injury to life, limb or health.
(4) The above exclusion of liability shall also apply to the Supplier’s legal representatives and vicarious agents if claims are asserted directly against them.
(5) The provisions of the German Product Liability Act shall remain unaffected.

Section 12    Image files
(1) If the Customer sends an image file to the Supplier for the purposes of execution of his order, the Customer grants the Supplier all the rights of use to this image file that the Supplier needs in order to fulfil the contract.
(2) The Supplier will examine the image file provided by the Customer and create a printable file from it. This print file created by the Supplier shall remain the property of the Supplier and will not be made available to the Customer unless both parties agree otherwise in writing.
(3) The Customer has a duty to inspect the prepared image file before sending it to the Supplier in order to determine whether the execution of his order using this file would infringe rights of third parties, in particular copyright, brand or patent rights and the like, or would violate statutory provisions. The Customer undertakes to indemnify the Supplier against all claims of third parties that are brought against the Supplier if and to the extent that the image file supplied by the Customer violates statutory provisions or infringes the rights of third parties.
(4) The Supplier will store the image file sent for the purposes of execution of the order for a period of 30 days from completion of the order. If, exceptionally, an image file was sent by the Customer and stored without an order coming about, the Supplier will delete the file 30 days after it was sent. No further archiving will take place.

Section 13    Code of conduct
We have agreed to abide by the following code of conduct:
Trusted Shops URL to code of conduct:
http://www.trustedshops.de/shopbetreiber/qualitaetskriterien.html

Section 14    Final clauses
(1) The law of the Federal Republic of Germany shall govern all legal relations between the parties to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. This choice of law shall only apply in the case of consumers subject to the non-withdrawal of the protection granted by mandatory provisions having legal force in the country in which the consumer has his normal place of abode.
(2) If the Customer is acting in the capacity of a merchant, a legal entity under public law or a special fund under public law, the place of exclusive jurisdiction for all disputes arising from this contract shall be the registered office of the Supplier. The same shall apply if the Customer has no place of general jurisdiction in Germany or in the EU or if the latter's domicile or normal place of abode is not known at the time the action is brought, without prejudice to the right to take legal action at another legal venue.
(3) Should individual clauses of this contract be or become ineffective or unenforceable, this shall not affect the validity of the other provisions. The statutory provisions shall apply in lieu of the ineffective or unenforceable provisions or in order to close any loopholes that may arise.