§ 1 General Information
1.1 Taubert GmbH & Co. KG provides its services exclusively on the basis of these Standard Terms and Conditions.
The Standard Terms and Conditions apply in particular to all contracts concluded with Taubert GmbH & Co. KG, all services of this website as well as all orders in the online shop of the provider Taubert GmbH & Co. KG via the website www.hohenberger-wallcoverings.com.
All agreements made in connection with the use of services, conclusion of contracts or your order in the online shop are definitively regulated in the contract concluded by both parties and in these T&Cs. By placing your order, you agree to the T&Cs valid at the time of the order.
Unless expressly agreed otherwise, we expressly reject the inclusion or use of any terms and conditions of your own used by you.
1.2 A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that predominantly cannot be considered as part of his/her commercial or independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who/which, when concluding a legal transaction, acts in the exercise of his/her/its independent professional or commercial activity.
1.3 The contract language is German.
§ 2 Offer, conclusion of contract
2.1 Our online offers do not represent binding offers for concluding a contract of sale. Images in the online shop are for product presentation purposes only. All offers are non-binding.
In order to place an order in our online shop, you must log in with your customer account (LOGIN area) or set up an account for the online shop or place an order as a guest.
2.2 When you order goods via our website by placing them in the “Shopping Cart”, you make a binding purchase offer by clicking the “Place your order” button as the last step.
Before you complete the final step, all order data will be displayed again on an overview page. The purchase process can be cancelled, or changes can be made, at any time until the “Place your order” button is clicked.
An order is accepted, thus concluding the contract, when a corresponding order acknowledgement is sent and received by you; alternatively by a request for payment from us after the order has been placed or by the delivery of the ordered goods or, depending on the method of payment selected by you, as follows:
• in the case of credit card payment, at the time your credit card is charged
• when paying via PayPal, Unzer Invoice or SOFORT, at the time of your confirmation of the payment instruction to PayPal, Unzer Invoice or SOFORT.
2.3 Your order is processed and all the information required in connection with concluding the contract is sent by email, partly automatically. This is why you should ensure that the email address you have provided to us is correct, that your system is able to receive the emails and, in particular, it is not prevented by spam filters.
§ 3 Shipping costs, prices of goods and methods of payment
3.1 All quoted prices are inclusive of VAT at the statutory rate and exclusive of shipping costs. You will be informed about the cost of shipping during the ordering process, before the contract of sale is concluded.
3.2 When purchasing from our online shop, we offer the following payment options:
• Credit card (Visa, Mastercard)
• Unzer Invoice (purchasing on account)
• SOFORT transfer (via payment provider Unzer)
3.3 The purchase price is due immediately upon conclusion of the contract and is payable without deduction.
§ 4 Right of retention, offsetting, retention of title
4.1 You can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
4.2 You are only entitled to offset claims if the counter-claims with which you wish to offset relate to counter-claims from the same contract of sale, have been legally established, are recognised by us or are undisputed.
4.3 The goods remain our property until the purchase price has been paid in full.
§ 5 Delivery
5.1 Different delivery times may apply when ordering multiple products. Partial deliveries are permissible.
5.2 We only deliver our products to addresses within Germany and Austria.
5.3 We are free to choose the shipping route and the specific means of shipping/transport.
If the customer is not a consumer, transport shall be at the customer’s risk. In this case, the risk is transferred when the goods are handed over to the transport person. This also applies if we carry out the transport using our own people.
§ 6 Liability
6.1 We exclude any liability on our part for compensation due to slightly negligent breaches of obligations, irrespective of the legal grounds.
Our liability remains unaffected in all cases of intent or gross negligence, fraudulent concealment of a defect, or if the quality of the purchased item is expressly guaranteed, and in all other cases regulated by law.
6.2 If essential contractual obligations are affected, our liability for slight negligence shall be limited to the foreseeable loss or damage typical for the contract. Essential contractual obligations are obligations that arise from the nature of the contract and a breach of such obligations would jeopardise the achievement of the purpose of the contract, as well as obligations that the contract imposes on us according to its content in order to achieve the purpose of the contract. Fulfilment of these obligations is essential for proper performance of the contract, and you are normally entitled to rely on them being observed.
6.3 In the event of a breach of non-essential contractual obligations, liability is excluded in the case of slightly negligent breaches of obligations.
6.4 We cannot guarantee that online data communication will be error-free and/or available at all times, given the current state of technology. In this regard, we are not liable for the continuous or uninterrupted availability of the website and the service offered there.
§ 7 Privacy
We have issued a privacy statement, which you can view under the link www.hohenberger-wallcoverings.com/datenschutz.
§ 8 Settlement of disputes
The European Commission provides a platform for online dispute resolution (ODR).
You can find this under the link: www.ec.europa.eu/consumers/odr/
By way of clarification, we would like to point out that we are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
§ 9 Choice of law, place of performance, place of jurisdiction
9.1 The law of the Federal Republic of Germany applies. The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) are expressly excluded.
9.2 In the case of consumers, this choice of law only applies if it does not result in withdrawal of the protection granted by mandatory provisions of the law of the state in which the consumer has his/her habitual residence (favourability principle).
9.3 The place of performance for all services arising from the business relationship with us as well as the place of jurisdiction is our registered office if you are not a consumer but a merchant, a legal entity under public law or a special fund under public law.
The same applies if you do not have a general place of jurisdiction within Germany or the EU or if your place of residence or habitual residence is unknown at the time the claim is filed. The right to bring an action before the court at another statutory place of jurisdiction shall remain unaffected.
9.4 If any provision of these T&Cs is or becomes invalid, this shall not affect the validity of the remaining provisions. The invalid provisions shall be replaced by the statutory provisions. The same applies if the T&Cs contain any unforeseen omissions.