General Terms and Conditions

Version: 26.09.2023

The following General Terms and Conditions are the basis for the use of the website www.meinewand.com and the basis for all orders of goods via www.meinewand.com.

MEINEWAND
Sebastian Stahl e.K.
Hopfenhof 7
D-37434 Rüdershausen
Germany
Tel. +49 (0)5529 919 97 20

Email: info@meinewand.com
Web: www.meinewand.com

HRA 201467, Amtsgericht Göttingen
VAT-ID according to § 27 a Umsatzsteuergesetz: DE814553164
Owner: Sebastian Stahl e.K.

General Terms and Conditions for Customers of MEINEWAND

§ 1 Scope of application

§ 2 Offer and conclusion of contract as well as storage of contract text

§ 3 Right of revocation

§ 4 60 days return policy

§ 5 Return for companies (§14 BGB)

§ 6 Repeat orders

§ 7 Prices

§ 8 Delivery and methods of payment

§ 9 Damage in transit

§ 10 Retention of title

§ 11 Warranty

§ 12 Liability

§ 13 Data Protection

§ 14 Miscellaneous

§ 15 Legal Consequences of Non-Inclusion and Ineffectiveness ( § 306 BGB )

§ 1 Scope of application
Business relations between

MEINEWAND

Owner: Sebastian Stahl e.K.

Hopfenhof 7

D-37434 Rüdershausen

Germany

and the customer shall be governed exclusively by the following General Terms and Conditions in the version valid at the time of the order. Any deviating terms and conditions of the customer shall not be recognised by MEINEWAND unless MEINEWAND has expressly agreed to their validity in writing.

§ 2 Offer and conclusion of contract and storage of contract text

The presentation of the products in the online shop does not constitute a legally binding offer, but a non-binding online catalogue. By clicking the "Send order" button, you place a binding order for the goods contained in the shopping basket. The confirmation of the receipt of your order together with the acceptance of the order will be sent immediately after sending by automated email. With confirmation by email, the purchase contract is concluded. If MEINEWAND is unable to accept the customer's order, the customer will be informed electronically in any case.

We save the text of the contract and send you the order data and our GTC by email. You can also view the GTC at any time here on this page. You can view your past orders in our customer log-in area.

§ 3 Right of revocation
(The following regulations on the right of withdrawal apply exclusively to consumers).

You have the right to withdraw from this contract within fourteen days without giving any reason.

The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.

To exercise your right of withdrawal, you must send us, i.e.

MEINEWAND

Sebastian Stahl e.K.

Hopfenhof 7

D-37434 Rüdershausen

Germany

Tel. +49 (0)5529 919 97 20

Fax. +49 (0)5529 919 97 19

Email: info@meinewand.com

by means of a clear declaration (e.g. a letter sent by post, fax or email) about your decision to revoke this contract. You can use the enclosed model cancellation form for this purpose, which is, however, not mandatory.

If you make use of this option, we will send you a confirmation of receipt of such revocation without delay (e.g. by email). In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.

Consequences of the revocation

If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.

We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return or hand over the goods to us without undue delay and in any event no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.

You shall bear the direct costs of returning the goods.

You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.

The right of withdrawal does not apply to the following contracts:

Contracts for the delivery of goods that are not prefabricated and for the manufacturing of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.

End of the declaration of the cancellation policy

Model cancellation form

(If you wish to cancel the contract, please complete and return this form).

To MEINEWAND, Hopfenhof 7, 37434 Rüdershausen, Germany

Fax: +49 (0)5529 - 91 99 719 or email: info@meinewand.de

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

Ordered on (*)/received on (*)

Name of the consumer(s)

Address of the consumer(s)

Signature of consumer(s) (only in case of paper communication)

Date_______________________
(*) Delete where inapplicable

§ 4 60 days return policy

(The following regulations on the 60-day right of return apply exclusively to consumers).

You have a 60-day right of return after receiving your goods.

How do you proceed with a return?

Send us a return request or use our return form:

After we receive your return request, we will send you an email with the return shipping address and return policy.
Once we have received the goods and checked that the returned products are in perfect condition, your order will be refunded to you within 7 days. We will not be responsible for the return shipping costs.

Terms and Conditions

The right of return applies to wallpaper. The condition is that the rolls are not opened and are in their original packaging.
For paints, the right of return applies on condition that they are in perfect condition for resale. They must not show any external traces of paint or signs of opening. We recommend that you use the original shipping packaging so that the pots are well protected during transport.
Individual production: Murals and wallpapers made to your measurements are excluded from the right of return.

§ 5 Return for companies (§14 BGB)
If goods are ordered by companies, they will only be taken back after prior agreement. In this case, the goods must be in their original packaging, unused and delivered free of shipping costs. A handling fee of 20% of the order value, but at least € 20,-, is agreed for the return.

§ 6 Repeat orders
Wallpaper, wall cork and plaster are produced in different batches and may differ in colour and texture. In the case of repeat orders, MEINEWAND cannot guarantee that the customer will receive the desired product or the product previously delivered.

§ 7 Prices
Unless otherwise stated, MEINEWAND shall be bound by the prices contained in its offers. All sales prices are final prices in Euros and include VAT. Shipping and packaging costs are excluded.

§ 8 Delivery and Methods of Payment
(1) Delivery:

Information on the delivery time can be found for each article within the product description. The exact details of the respective shipping costs can be found on our information page SHIPPING + METHODS OF PAYMENT.

(1.1) The products are available while stocks last.

(1.2) If the ordered product is not available because we are not supplied with this product by our suppliers through no fault of our own, we may withdraw from the contract. In this case, we will inform you immediately and, if necessary, propose the delivery of a comparable product. If no comparable product is available or if you do not wish to receive a comparable product, we will immediately reimburse you for any payments already made.

(1.3) If not all ordered products are in stock, we are entitled to make partial deliveries at our expense, insofar as this is reasonable for you.

(1.4) Should the delivery of the goods fail despite three delivery attempts, we may withdraw from the contract. Payments already made will then be refunded to you without delay.

(2) Goods deliveries within Germany shall be made against (a) prepayment, (b) credit card (Master and Visa), (c) PayPal or (d) giropay. MEINEWAND reserves the right to offer special payment terms to certain customers.

(a) Payment in advance (prepayment)

In the case of payment in advance, payment must be made within 14 days of receipt of the order confirmation. The payment modalities will be communicated to you in the order confirmation. Please state your order number as the reason for payment. A payment is only considered to have been made when we can dispose of the amount. The goods will be dispatched immediately after receipt of payment, depending on the delivery time.

(b) Payment by credit card

We accept payment by Master Card and Visa. Your credit card account will be charged upon completion of the order. There are no additional costs for credit card payments.

(c) Payment via PayPal

In order to process payments via PayPal, you must have a PayPal account. See: https://www.paypal.com/

You will not incur any additional costs for EURO payments that you process via your PayPal account.

(d) Payment by giropay

If you choose giropay as your payment method, you will be securely directed to the online banking portal of your bank or savings bank after entering your bank code.

Please have your online banking data ready (bank details, account number, PIN and TAN). After payment, the goods will be dispatched immediately, depending on their availability.

(e) Payment by SOFORT / Sofortüberweisung
If the payment method SOFORT / Sofortüberweisung is selected, the payment will be processed via the payment service provider Sofort GmbH (Theresienhöhe 12, 80339 Munich, Germany; "SOFORT"). Sofort GmbH is a company of the Klarna Group (Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden). A prerequisite for using the SOFORT payment method is that you have an online banking account activated for this purpose. During the payment process in the context of the order, you must legitimise yourself accordingly and confirm the payment instruction to SOFORT. Your bank account will be debited immediately after placing the order. You can find more information about SOFORT at (https://www.klarna.com/sofort/).

(3) In accordance with § 14 para. 1 sentence 2 UstG, the recipient agrees that his invoices are sent electronically. Invoices will only be sent by post if expressly requested by the recipient of the invoice.

(4) Any discounts or reductions on payments are one-off. There shall be no legal entitlement to future discounts or reductions.

(5) The contracting party is not permitted to assign a claim existing against MEINEWAND unless we expressly agree to this in writing.

(6) Delivery to the European Union and international shipments

For customers from abroad we offer the payment methods prepayment, PayPal and credit card (Master Card and VISA Card).

Banking Details:

MEINEWAND

Sparkasse Duderstadt

Account Number: 164772

IBAN: DE17260512600000164772

BIC: NOLADE21DUD

BLZ: 26051260

(6.1) Deliveries to Switzerland are subject to additional customs duties, taxes and charges.

Further information on customs duties can be found at https://europa.eu/european-union/business/vat-customs_en and on import tax at https://xtares.admin.ch/tares/logi/loginFormFiller.do;jsessionid=4CftDf831v5TPCOT9xd7k6J0_l12LDXm5KOygWCVyZeFnHihnTpj!233221676?l=en.

(6.2) Deliveries of goods shall be made in accordance with the payment options specified in § 8 para. 6. MEINEWAND reserves the right to offer certain customers separate payment terms.

(6.3) Please refer to the product detail pages of our online shop for the delivery time of the items. For shipping costs and delivery times, please refer to our information page SHIPPING + PAYMENT METHODS. Parcel tracking may be restricted by the domestic postal service (parcel status hanging). In such a case, a match code exists for each shipment, which the post office can use to locate the package. There is no legal claim to compliance with delivery times for standard and premium parcels.

§ 9 Transport damage

(a) If goods are delivered with visible transport damage, please complain about this damage immediately to your delivery agent and then contact us as soon as possible on telephone number +49 (0)5529-9199720 or by email (info@meinewand.com).

(b) Failure to make a claim will not affect your statutory warranty rights. However, they help us to be able to assert claims against the logistics company.

§ 10 Retention of title

The delivered goods shall remain the property of MEINEWAND until all claims against the customer have been settled in full.

Pledging, transfer by way of security, processing or transformation of the goods prior to transfer of ownership is not permitted without our consent.

§ 11 Warranty

MEINEWAND warrants that the products have an approximately agreed quality at the time of handover and are free from material defects, i.e. that they are suitable for the use provided for in the contract or are suitable for normal use and have a quality which is customary for items of the same type and which the seller can expect according to the type of item and/or the announcement by MEINEWAND or the manufacturer.

If the purchase is a commercial transaction for both parties, the buyer shall inspect the goods immediately after delivery by the seller, insofar as this is feasible in the ordinary course of business, and, if a defect becomes apparent, notify the seller immediately. If the purchase is not a commercial transaction for both parties, we request that the goods be inspected for completeness or any obvious defects immediately after receipt of the delivery and that any deviations or transport damage be reported to MEINEWAND without delay.

The warranty period is 2 years. It shall commence upon receipt of the goods by the customer.

In the event of a defect, MEINEWAND may choose to remedy the defect by repair or subsequent delivery. MEINEWAND may refuse subsequent performance if it is only possible at disproportionately high cost. If, within the scope of a repair, the rectification of a defect is not successful even at the second attempt, the customer shall be entitled to demand the delivery of a defect-free item or to reduce the purchase price or to withdraw from the contract. Withdrawal is excluded if the defect is minor and insignificant.

Claims for damages due to defects in the item shall be excluded unless MEINEWAND has fraudulently concealed the defects or has assumed a guarantee for the quality of the goods or culpably caused damage to life, health or body.

The prerequisite for the customer's warranty claims is that the defect has not been caused by improper use or overuse. If a defect only becomes apparent later than 6 months after the handover of the goods, the customer has the burden of proof that the item was defective at the time of the transfer of risk.

§ 12 Liability
MEINEWAND, its management and its employees shall be liable in cases of positive breach of contract, culpa in contrahendo, delay, impossibility, tort and on other legal grounds only in cases of intent and gross negligence. In the event of culpable breach of main contractual obligations or fraudulent misrepresentation, MEINEWAND shall be liable to the extent provided by law. In the event of a breach of main contractual obligations, the liability of MEINE|WAND employees shall be limited to the typically foreseeable damage. Indirect damages are excluded to this extent.

§ 13 Data protection
MEINEWAND undertakes to comply with the statutory provisions of the Federal Data Protection Act [BDSG] and the Telemedia Act [TMG]. For information on data protection, please refer to our information page concerning Privacy Policy.

§ 14 Miscellaneous
The contractual relationship between MEINEWAND and the Customer, as well as the respective terms and conditions, shall be governed by the laws of the Federal Republic of Germany.

The place of performance for payments shall be MEINEWAND's place of business. For deliveries, the place of performance shall be the place of business of MEINEWAND.

The exclusive place of jurisdiction shall be the Duderstadt Local Court if the customer is a merchant within the meaning of the German Commercial Code (HGB) or a public corporation.

§ 15 Legal consequences of non-inclusion and invalidity (§ 306 BGB)
(1) If general terms and conditions of business have not become part of the contract in whole or in part or are ineffective, the remainder of the contract shall remain effective.

(2) Insofar as the provisions have not become an integral part of the contract or are ineffective, the content of the contract shall be governed by the statutory provisions.

(3) The contract shall be ineffective if adherence to it would constitute an unreasonable hardship for one of the contracting parties, even taking into account the amendment provided for in paragraph 2.

Online dispute resolution pursuant to Art. 14 (1) ODR Regulation:

The European Commission provides a platform for online dispute resolution (ODR), which you can find at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN.

If you have any questions about this, please contact MEINEWAND.