Terms and conditions
Table of contents
1. Scope of application
2. Conclusion of contract
3. Right of withdrawal
4. Prices and terms of payment
5. Delivery and shipping conditions
6. Granting of rights of use for digital contents
7. Retention of title
8. Liability for defects (warranty)
9. Redemption of promotional vouchers
10. Applicable law
11. Alternative dispute resolution
1) Scope of application
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of decoarts (hereinafter referred to as "Seller") apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter referred to as "Customer") with the Seller with regard to the goods presented by the Seller in their online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for purposes which are predominantly neither commercial nor self-employed. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity.
2) Conclusion of contract
2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve for the submission of a binding offer by the customer.
2.2 The customer can submit the offer via the online order form integrated in the Seller's online shop. In doing so, after placing the selected goods in the virtual shopping basket and going through the electronic ordering process, the customer makes a legally binding contractual offer with regard to the goods contained in the shopping basket by clicking the button that concludes the ordering process.
2.3 The Seller may accept the Customer's offer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation by the customer shall be decisive, or
- by delivering the ordered goods to the customer, in which case the receipt of the goods by the customer is decisive, or
- by requesting payment from the customer after the customer has placed the order.
If several of the aforementioned alternatives exist, the contract shall be concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the customer sends the offer and ends with the expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the Customer shall no longer be bound by its declaration of intent.
2.4 When submitting an offer via the Seller's online order form, the text of the contract shall be stored by the Seller after the conclusion of the contract and transmitted to the Customer in text form (e.g. e-mail, fax or letter) after the Customer's order has been sent. The Seller shall not make the text of the contract accessible beyond this.
2.5 Before submitting a binding order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. The customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.
2.6 Only the german & english languages are available for the conclusion of the contract.
2.7 Order processing and contacting usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by them for order processing is correct so that e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
3) Right of withdrawal
3.1 Consumers are generally entitled to a right of revocation.
3.2 Further information on the right of withdrawal can be found in the Seller's instructions on withdrawal.
4) Prices and terms of payment
4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices which include the statutory value added tax. Any additional delivery and shipping costs will be indicated separately in the respective product description.
4.2 The customer will be informed of the payment option(s) in the Seller's online shop.
4.3 If payment in advance by bank transfer has been agreed, payment shall be due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
4.4 If payment is made by means of a payment method offered by PayPal, the payment shall be processed via the payment service provider PayPal (Europe) S.a r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal terms and conditions of use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full?locale.x=en
or - if the customer does not have a PayPal account - subject to the terms and conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full?locale.x=en
4.5 If the payment method "SOFORT" is selected, the payment will be processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to be able to pay the invoice amount via "SOFORT", the customer must have an online banking account that has been activated for participation in "SOFORT", must identify themself accordingly during the payment process and must confirm the payment instruction to "SOFORT". The payment transaction is then immediately carried out by "SOFORT" and the customer's bank account is debited. More detailed information on the "SOFORT" payment method is available to the customer on the Internet at https://www.klarna.com/pay-now/.
4.6 If the payment method "PayPal invoice" is selected, the seller assigns their payment claim to PayPal. Before accepting the Seller's declaration of assignment, PayPal shall carry out a creditworthiness check using the transmitted customer data. The seller reserves the right to refuse the customer the payment method "PayPal invoice" in the event of a negative check result. If the payment method "PayPal invoice" is permitted by PayPal, the customer must pay the invoice amount to PayPal within 30 days of receipt of the goods, unless they are given a different payment deadline by PayPal. In this case, they can only make payment to PayPal with debt-discharging effect. However, the seller shall remain responsible for general customer enquiries, e.g. regarding the goods, delivery time, shipment, returns, complaints, revocation declarations and deliveries or credit notes, even in the case of assignment of claims. In addition, the General Terms and Conditions of Use for the Use of PayPal's Purchase on Account apply, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/ppkar-tnc?locale.x=en
4.7 If the payment method "PayPal Direct Debit" is selected, PayPal will collect the invoice amount from the customer's bank account after a SEPA direct debit mandate has been issued, but not before the deadline for the pre-notification on behalf of the seller. Pre-notification is any communication (e.g. invoice, policy, contract) to the customer announcing a debit by SEPA Direct Debit. If the direct debit is not honoured due to insufficient funds in the account or due to the provision of incorrect bank details, or if the customer objects to the direct debit although they are not entitled to do so, the customer shall bear the charges incurred by the respective credit institution as a result of the chargeback if they are responsible for this.
4.8 Credit card. We accept the following credit cards: Visa, Mastercard, American Express.
5) Delivery and shipping conditions
5.1 Unless otherwise agreed, goods shall be delivered by dispatch to the delivery address specified by the customer. The delivery address specified in the Seller's order processing shall be decisive in the processing of the transaction. Deviating from this, if the payment method PayPal is selected, the delivery address given by the customer at the time of payment is decisive.
5.2 In the case of goods delivered by forwarding agent, delivery shall be made "free kerbside", i.e. to the public kerbside nearest to the delivery address, unless otherwise stated in the shipping information in the Seller's online shop and unless otherwise agreed.
5.3 If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This shall not apply with regard to the costs for the return shipment if the customer effectively exercises their right of revocation. In the event of effective exercise of the right of revocation by the customer, the provision on this in the seller's revocation instructions shall apply to the return costs.
5.4 Self-collection is possible by arrangement.
5.5 Digital contents shall be provided to the customer exclusively in electronic form as follows:
- by download
- by e-mail
5.6 Payment and shipping information
5.6.1. Shipping
The goods can only be shipped to the countries listed below as standard. Depending on the size of your order, the goods will be shipped by DHL or a freight forwarder. You can find the respective shipping costs in the table below.
Shipping within Germany
Our shipping costs depend on the weight, you can see the shipping weight for each item on the detail page:
https://www.dhl.de/de/privatkunden/pakete-versenden/deutschlandweit-versenden/paket.html
Shipping outside Germany
https://www.dhl.de/en/privatkunden/pakete-versenden/weltweit-versenden/paket.html
Shipping outside Germany is currently only possible within the EU (Zone 1: Belgium, Bulgaria, Denmark, Estonia, Finland, France, French Guiana, Gibraltar, Guadeloupe, Greece, Great Britain, Ireland, Iceland, Italy, La Réunion, Croatia, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Martinique, Netherlands, Norway, Austria, Poland, Portugal). If you wish shipping to another country, please write us an e-mail (info@decoarts.eu) before ordering and tell us the article with the quantity and the delivery address with the country and the corresponding postcode. We will then inform you at short notice whether we can also ship to the desired country and - should delivery to the desired delivery address be possible - inform you of the shipping costs, as we have to ask our shipping partner in advance about the shipping option and the costs.
Detailed information on the individual payment options
6) Granting of rights of use for digital content
6.1 Unless otherwise stated in the description in the Seller's online shop, the Seller grants the customer the non-exclusive right, unlimited in time and place, to use the content provided exclusively for private purposes.
6.2 Passing on the contents to third parties or making copies for third parties outside the framework of these GTC is not permitted unless the Seller has agreed to a transfer of the contractual licence to the third party.
6.3 The granting of rights shall only become effective when the customer has paid the contractually owed remuneration in full. The Seller may provisionally permit the use of the contractual content even before this point in time. Such provisional permission shall not constitute a transfer of rights.
7) Retention of title
If the Seller makes advance performance, they shall retain title to the goods delivered until the purchase price owed has been paid in full.
8) Liability for defects (warranty)
8.1 If the purchased goods are defective, the provisions of the statutory liability for defects (12 months) shall apply.
8.2 Deviating from this, the following shall apply to used goods: Claims for defects are excluded if the defect only occurs after the expiry of one year from delivery of the goods. Defects which occur within one year of delivery of the goods may be claimed within the statutory limitation period. However, the reduction of the period of liability to one year does not apply
- for items which have been used for a building in accordance with their customary use and have caused its defectiveness,
- to claims for damages and reimbursement of expenses of the customer, as well as
- in the event that the Seller has fraudulently concealed the defect.
8.3 The customer is requested to complain about delivered goods with obvious transport damage to the deliverer and to inform the seller of this within 7 days. If the customer fails to do so, this shall have no effect on their statutory or contractual claims for defects.
9) Redemption of promotional vouchers
9.1 Vouchers which are issued free of charge by the Seller as part of promotions with a specific period of validity and which cannot be purchased by the Customer (hereinafter "Promotion Vouchers") can only be redeemed in the Seller's online shop and only during the specified period.
9.2 Promotion vouchers can only be redeemed by consumers.
9.3 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotion voucher.
9.4 Promotion vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
9.5 Only one promotional voucher can be redeemed per order.
9.6 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the Seller.
9.7 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to settle the difference.
9.8 The credit balance of a promotional voucher is neither paid out in cash nor does it earn interest.
9.9 The promotional voucher will not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the scope of their statutory right of withdrawal.
9.10 The promotional voucher is only intended for use by the person named on it. Transfer of the promotional voucher to third parties is excluded. The Seller is entitled, but not obliged, to check the material eligibility of the respective voucher holder.
10) Applicable law
All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the laws on the international sale of movable goods. In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.
11) Alternative dispute resolution
11.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr.
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
11.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.