Terms and Conditions | wall-art.com
K&L Wall Art GmbH
Buckower Chaussee 114
CEO: Alexander Kunze
Registered with the Local Court of Berlin Charlottenburg
Register number: HRB 112277 B
VAT identification number: DE 258657963
(As of June 2014)
01 Subject of Agreement
The following terms and conditions shall be applicable for sale and shipment of all goods which the customer orders online, by telephone, fax, post or e-mail in our online shop at www.wall-art.com.
02 Exclusive Validity of Terms and Conditions
Our terms and conditions shall apply exclusively. The customer’s own terms and conditions shall not apply, even if we have not expressly objected them.
03 Formation of Agreement
3.1 Customers can add selected products to an electronic shopping basket and submit an order. A binding order for the purchase of the goods in the basket can only be submitted if a customer has accepted the validity of our terms & conditions by clicking on the associated checkbox and then pressed the “Buy now” button. Customers can view and modify their order details at any time until the order is shipped.
3.2 After a customer place an order by e-mail or otherwise through our website, we will send a confirmation per e-mail (acknowledgment of receipt). The contract between the customer and us begins not by placing an order, nor by the confirmation of receipt of the order, but by the acceptance of the customer’s order by us. The acceptance of the order is made within 7 days by sending a separate confirmation via post or e-mail, or by delivery of the goods ordered.
3.3. We accept orders submitted via our online shop or via one of the following:
Telephone: +44-20-86380150 (Monday - Friday from 9am until 4pm)
Fax: +49 (0)30 - 762 399 227
E-Mail: [email protected]
4.1 We ship our products to customers in the UK and within the EU countries, as well as in Switzerland, Norway, Liechtenstein and Monaco. We regret that we are unable to ship to the following European destinations: Canary Islands, DOM-TOM, Channel Islands (including Jersey and Guernsey), Gibraltar, Greenland, Faroe Islands, Helgoland, Andorra, Ceuta, Melilla and Madeira.
We are unable to take orders for delivery to PO Boxes, hotels and freight forwarding services.
4.2 Unless otherwise agreed, a delivery is carried out from our warehouse or from one of our suppliers. In case of deliveries to consumers we bear the risk of a loss or destruction of the goods until delivery.
4.3 We reserve the right to make partial deliveries, unless it is recognisably unacceptable for a customer. There are no extra costs resulting from it.
4.4 Delivery of goods takes between 3-6 business days (Monday to Friday excluding bank holidays), after the production (depending on the product 2-5 working days). We aim to deliver the ordered goods in the fastest possible way. If we cannot deliver according to schedule, we will inform a customer as soon as possible.
05 Retention of Proprietary Rights and Copyrights
5.1 We reserve the ownership of the purchased good until the price of the good as well as other goods from the same order is fully paid.
5.2 The copyright holder of our products is K&L Wall-Art or other third parties. Any reproduction, distribution or other use for commercial purposes violates copyright law and is strictly prohibited.
5.3 If a customer supplies his own template for production of a wall art, he has to make sure that he is entitled to it. In particular, it has to be guaranteed that the template has been legally manufactured and that the wall art we will produce thereof is for private use only. We reserve the right to reject the production if the template appears to be manufactured illegally or if there is a reason to suspect that production could harm rights of third parties. In case of violation against copyright laws or other industrial property rights of third parties by a customer, the customer shall indemnify us from any claims arising from the respective holder.
06 Terms of Payment
6.1 All prices shown on our website include the respectively valid sales tax, the shipping costs are excluded.
6.2 The purchase price is due before delivery of the goods, unless agreed otherwise.
6.3 In case of customised orders a down payment of 50% of the gross value of the good is required to be paid within 14 days from receipt of our acceptance.
6.4 Payment methods
Payment can be made via:
- Credit Card
More information on the payment methods can be found here.
07 Shipping and Return Costs
7.1 Current information on shipping costs can be requested for each product. Shipping costs are also shown separately before the order is submitted. Customised products which due to their size or weight cannot be delivered by standard shipping will be delivered by freight carrier. The costs may vary depending on size and weight (information on request).
7.2 We shall bear the cost of return shipment: return label or in special cases pick-up & return service will be provided on request.
The customer shall only be entitled to offset with claims, which have been legally established or are undisputed in legal proceedings. A right of retention shall only be entitled to claims from the same order.
09 Delay of Payment
If the customer fails to pay on time, a default interest of 5% will be added to the respective base rate (in case of commercial business the rate is 8%). Customers retain the right to prove that either no or a lower damage has incurred.
10 Warranty and Liability
10.1 The warranty is subject to legal regulations based on the law 437 ff. BGB, unless otherwise regulated hereinafter.
10.2 Examples shown online may not truly reflect the products according to the quality, size and colour. Especially in case of natural materials there might be slight variances in structure and colour. We therefore commit ourselves to only supply the products of the same sort and quality.
10.3 If the customer is a company as referred to in § 14 BGB, the warranty period is 1 year from date of delivery. For other consumers, the statutory period of warranty is 2 years from date of delivery.
10.4 If a defect occurs within the statutory warranty period, we hold the right to choose whether we will repair or replace the item. If the repair is twice unsuccessful or if the replacement is also defective, the customer holds the right to either cancel the purchase agreement or reduce the purchase price. Further claims remain unaffected.
10.5 We are liable for personal injury (damage to life, body and health) in accordance with statutory regulations. As for the property or pecuniary damages which did not occur to the good itself, we are liable only for intentionally and grossly negligent conduct as required by law. In case of slight negligence we are liable for property or pecuniary damage only when essential duties (cardinal obligations) of the agreement have been violated. The liability is limited to the typical damage foreseeable on conclusion of the contract. Liability for abnormal or unforeseeable damages shall be excluded in all cases.
10.6 In the event that our liability should be excluded or limited, same shall also apply to the personal liability of vicarious agents or other persons associated with K&L Wall-Art.
10.7 Compelling statutory liability provisions, in particular the liability for delivering quality guarantee, fraudulent concealment of a defect or the liability under the Product Liability Act remain unaffected by the above provisions.
11 Right of Revocation
Consumers are entitled to the right of cancellation according to the following conditions, whereby the consumer is any natural person who has concluded a legal transaction with a certain objective which cannot be ascribed to his commercial or independent professional activity:
11.1 Right of Revocation
Customers have the right to cancel a contract within a period of 14 days without specifying any reasons.
The revocation period lasts 14 days and starts when a customer, or a third party named by a customer, receive the goods (in case of delivery of several items, the period start from the delivery of the last one).
To exercise your right of cancellation please notify us (address below) in a text form (e.g. a letter, fax or e-mail) about your decision to withdraw from the contract.
K&L Wall Art GmbH
Buckower Chaussee 114
Customers can use this cancellation form and send it to the above address or complete and submit a digital cancellation available here. After submitting a digital form a confirmation e-mail will be sent to the address provided.
The period of time for revocation of the contract is deemed observed if the revocation notice is sent before the deadline.
Consequences of Revocation
If a customer withdraws from the contract, we will refund all the payments received from the customer, including standard delivery costs, within 14 days from the date on which the notification of cancellation is received. For refunds we use the same method of payment that was used in the original transaction, unless we explicitly agreed otherwise; the customer will not be charged fees for such repayment.
Customer has to wait until Wall-Art customer service supplies customer with a return label which has to be used for shipping the goods back to Wall-Art. Wall-art will not carry the cost of returns without the use of the return label, unless explicitly communicated with Wall-Art customer service in writing.
We may withhold the reimbursement until we have received the goods, or until the customer has proved the goods were shipped, whichever is the earlier.
The goods have to be returned promptly and in any case within 14 days since the notification of cancellation. The deadline is met when the goods are sent before the end of the 14 days period.
We shall bear the cost of return shipment as stated, when customer uses the supplied return label.
The consumer shall only be liable for any diminished value of the goods resulting from the handling other than what is necessary to ascertain the nature and functioning of the goods.
11.2 Exclusion of Right of Revocation
The right of revocation does not apply in case of goods which are not prefabricated and made to the customer’s specifications or are clearly tailored to the customer’s personal needs.
- products are created individually on the basis of motives provided by the customer
- products are delivered in special sizes or colours on customer’s request
11.3 Additional Right of Return
In addition to the right of revocation described in section 11.1, we offer our customers the opportunity to return the goods with a delay of additional 7 days, in total 21 days. The deadline is met when the goods are sent before the end of this period. The consequences described in section 11.1 shall apply accordingly. The right of return does not apply in the cases described in 11.2.
11.4 Important note regarding return shipments: Please do not send us any carriage forward packages, in order to avoid unnecessary additional costs. If we are required under the above agreement to bear the return costs, we will send you a return label for the shipment after we receive your cancellation. However, this is not a requirement for the effective exercise of the right of revocation.
Vouchers cannot be paid in cash. On revocation of an order in which a voucher has been used, the customer is not entitled for the cash pay-out. Instead, the customer receives another voucher with the same amount. If the order value exceeds the value of the voucher, only the difference will be refunded. In case of cancellation of a purchase of a gift voucher (paid) these restrictions do not apply.
Customer’s personal data, provided voluntarily through our website, will be stored by us and used exclusively for providing order services. For more information regarding handling personal data please see our Privacy-policy.
14 Concluding Provisions
If the customer is a merchant or a public company, the place of jurisdiction for the disputes derived from the present contract shall be Berlin-Charlottenburg. Should single provisions of our Terms and conditions not be operative in whole or in part, the validity of the remaining provisions of the contract shall not be affected. The invalid provision shall be replaced with the relevant statutory provision. The contract language is German.
Berlin, June 2014