General Terms and Conditions
I. General Terms and Conditions
§ 1 General provisions
(1) The following terms and conditions are applicable to agreements that you conclude with us in our capacity of provider (Orea Europe GmbH) via the website www.the-wall-shop.com. Unless stipulated otherwise, the applicability of any terms and conditions used by you is rejected.
(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to their self-employed professional activity. An entrepreneur is any natural person who or legal entity or a partnership with legal capacity that, when concluding a legal transaction, acts in the course of their autonomous professional or commercial activity.
§ 2 Conclusion of the agreement
(1) The subject of the agreement is the sale of goods.
(2) By placing the relevant product on our website, we make you a binding offer to conclude an agreement on the basis of the terms and conditions stated in the product description.
(3) The agreement is concluded via the online shopping basket system in the following manner:
The goods intended for purchase are placed in the "shopping basket". You can use the corresponding button in the navigation bar to view the "shopping basket" and to make changes there at any time.
After opening the "Checkout" page and entering the personal data as well as the payment and shipping conditions, the order data are then displayed as an order overview.
If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Sofortüberweisung) as a payment method then you are either taken to the order overview page in our online shop or redirected to the website of the instant payment system provider.
If you are redirected to the relevant instant payment system, make the appropriate selection or enter your data there. Finally, you are shown the order data as an order overview on the website of the provider of the instant payment system or after you have been redirected back to our online shop.
Before submitting the order, you have the option of checking the details in the order overview again, changing them (also via the "back" function of the internet browser) or cancelling the order.
By sending the order via the corresponding button ("order subject to payment" or similar designation), you declare your legally binding acceptance of the offer, in pursuance of which the agreement is concluded.
(4) Your requests for the preparation of an offer have a non-binding effect on you. For this purpose, we submit a binding offer to you in text form (e.g. by email), which you can accept within 5 days (unless a different deadline is stated in the offer in question).
Email address: thewall@orea-kuechen.ch
Service Hotline: -
Germany: 0800 – 150 20 20#
Austria: 0800 – 006 69 5
Switzerland: 0800 – 006 69 5
England: 0800 – 279 44 67
France: 0800 – 111 64 4
Netherlands: 0800 – 9494 577
(5) The processing of the order and transmission of all information required in connection with the conclusion of the agreement is carried out by email, in part automatically. You must therefore ensure that the email address you made available to us is correct, that receipt of the emails is technically guaranteed and, in particular, that it is not hindered by SPAM filters.
§ 3 Right of retention, reservation of title
(1) You can only exercise a right of retention to the extent that it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
§ 4 Warranty
(1) The statutory rights regarding liability for defects are applicable.
(2) As a consumer, you are requested to inspect the product immediately upon delivery on its completeness, apparent defects, and transport damage and to forthwith notify us and the carrier of any complaints. If you do not comply with this then this has no effect on your statutory warranty claims.
§ 5 Choice of law
(1) German law is applicable. In the event of consumers, this choice of law is only applicable to the extent that the protection granted by mandatory statutory provisions of the state of the consumer's habitual place of residence is thereby not withdrawn (favourability principle).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods are expressly not applicable.
II. Customer information
1. Identity of the seller
First name Surname
Address
Postcode Place
Country
Telephone:
Email:
2. Information on the conclusion of the agreement
The technical steps for the conclusion of the agreement, the conclusion of the agreement itself, and the possibilities of correction are carried out in accordance with the regulations "Conclusion of the agreement" of our General Terms and Conditions (Part I).
3. The contract language, retention of the contractual text
3.1. The contract language is German.
3.2. We do not retain the complete text of the agreement. Before sending the order via the online shopping basket system, the contractual data can be printed or electronically saved using the browser's print function. After receipt of the order by us, the order data, the legally required information for distance agreements and the General Terms and Conditions are again sent to you by email.
3.3. In the event of requests for quotations outside the online shopping basket system, you shall receive all contractual data as part of a binding offer in text form, e.g. by email, which you can print or save electronically. Furthermore, as the occasion arises, the provisions of the General Terms and Conditions are also applicable.
4. Essential features of the goods or services
The essential features of the goods and/or services can be found in the relevant offer.
5. Price and payment modalities
5.1. The prices listed in the relevant offers as well as the shipping costs represent total prices. They include all price components including any and all applicable taxes.
5.2. The shipping costs incurred are not included in the purchase price. They can be viewed via a button on our website or in the relevant offer, are shown separately in the course of the ordering process, and are additionally payable by you, unless free delivery has been stipulated.
5.3. If the delivery is made to countries outside the European Union then additional costs may be incurred for which we are not responsible, e.g. customs duties, taxes or money transfer fees (transfer or exchange rate fees of the credit institutions), which are to be borne by you.
5.4. Any costs incurred for the transfer of money (transfer fees or exchange rate fees of credit institutions) are to be borne by you in cases where the delivery is made to an EU Member State but the payment was initiated outside the European Union.
5.5. The payment methods available to you are shown under a correspondingly designated button on our website or in the relevant offer.
5.6. Unless stated otherwise in the individual payment methods, the payment claims arising from the concluded agreement are immediately due for payment.
6. Delivery conditions
6.1. The delivery conditions, the delivery date as well as any existing delivery restrictions can be found under a correspondingly designated button on our website or in the relevant offer. We reserve the right to make partial or subsequent deliveries.
6.2. If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold product during transport does not pass to you until the product is handed over to you, irrespective of whether the transport takes place insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or a person otherwise designated to carry out the transport.
7. Statutory liability for defects
The liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).
These General Terms and Conditions and customer information were prepared by the lawyers of the German Merchants' Association specialising in IT law and are permanently checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and shall be liable in the event of warnings. For more information, go to: https://www.haendlerbund.de/agb-service