Terms and Conditions

General Terms and Conditions of Sale and Delivery of Decor Walther Einrichtungs GmbH
for business transactions in the webshop (GTC Webshop / Status May 2025)

Section A: General – Scope of Application

Our GTC Webshop apply to all transactions between us, the

Decor Walther Einrichtungs GmbH
Berliner Straße 56-58
60311 Frankfurt am Main

Phone: +49 69 / 272 279-0
Fax: +49 69 / 272 279-27
E-Mail: info@decor-walther.de

Managing Director: Henry Walther
Registry Court: Local Court (Amtsgericht) Frankfurt am Main
Registry Number: HRB 31609
VAT ID: DE 114.138.209

and our customers (hereinafter "Customer") regarding the sale and/or delivery of movable goods (hereinafter also "Goods") concluded via our webshop at the domain www.decor-walther.de. For Customers who order as consumers within the meaning of § 13 of the German Civil Code (BGB), the provisions of Sections A and B shall apply; for Customers who order as entrepreneurs within the meaning of § 14 BGB or as a legal entity under public law or a special fund under public law, the provisions in Section C shall apply in addition.
The Customer is a consumer if the purpose of the order cannot be predominantly attributed to their commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity acting in the exercise of their commercial or independent professional activity when concluding the contract.
We do not accept any general or special contract terms and conditions of the Customer that deviate from these GTC. This also applies if we do not expressly object to their inclusion.
The contract language is exclusively German.

Section B – Ordering as a Consumer

I. Offers, Conclusion of Contract, Product Information

The presentation and advertising of articles in our online shop does not constitute a binding offer to conclude a sales contract.
The Customer can select products from our webshop range, collect them in a shopping cart, and order them. By clicking the button "order with obligation to pay," the Customer submits a binding application to purchase the goods in the shopping cart. Before submitting the order, the Customer can view and change the data at any time. However, the application can only be submitted and transmitted if the Customer accepts these contractual terms and conditions by clicking the "Accept GTC" button and thereby includes them in their application. Details on our webshop, the possibility of registration, and the order process are described on our homepage at www.decor-walther.de.
The order constitutes the Customer's binding application to us to conclude a contract. The Customer is bound to their order for a period of 2 (two) weeks after placing the order (offer period). The Customer's right to revoke their order, as existing under Section B, Clause II, remains unaffected. We will immediately send the Customer an acknowledgment of receipt by e-mail to the e-mail address provided by the Customer, in which the Customer's order is again listed and which the Customer can print out if necessary. The acknowledgment of receipt only serves to inform the Customer that their order has been received by us. The acknowledgment of receipt does not yet constitute acceptance of the application. The contract is only concluded when we accept the order within the offer period by means of a separate declaration of acceptance or by delivering the ordered goods.
Should the delivery of ordered goods not be possible, for example, because the goods are not in stock, we will refrain from accepting the order. In this case, no contract is concluded. We will inform the Customer immediately and reimburse any consideration already provided without delay.
The order is stored electronically and can be accessed at any time by registered Customers via a customer account created during registration.
Information provided by us regarding the object of the delivery or service (e.g., weights, dimensions, utility values, load-bearing capacity, tolerances, and technical data) as well as our representations thereof (e.g., drawings and illustrations) are only approximately authoritative, provided that usability for the contractually intended purpose does not require exact conformity. They are not guaranteed quality characteristics, but descriptions or markings of the delivery or service. Commercially customary deviations and deviations that occur due to legal requirements or represent technical improvements, as well as the replacement of components with equivalent parts, are permissible, provided they do not impair the usability for the contractually intended purpose.

II. Right of Withdrawal, Withdrawal Instruction

In the event of an order as a consumer, the Customer has a right of withdrawal in accordance with legal provisions, about which we inform the Customer below and again during the order process with an explicit withdrawal instruction.

If the Customer exercises their right of withdrawal as a consumer, they shall bear the regular costs of the return shipment.

We inform about the right of withdrawal as a consumer in accordance with the official template for the withdrawal instruction in Annex 1 to Article 246a § 1 Paragraph 2 Sentence 2 of the Introductory Act to the German Civil Code (EGBGB) with the following

Withdrawal Instruction:

Right of Withdrawal

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

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

To exercise your right of withdrawal, you must inform us (Decor Walther Einrichtungs GmbH, Berliner Straße 56-58, 60311 Frankfurt am Main, Phone: +49 69 / 272 279-0, Fax: +49 69 / 272 279-27, E-Mail: info@decor-walther.de) by means of a clear declaration (e.g., a letter sent by post, fax, or e-mail) of your decision to withdraw from this contract. You are welcome to use the attached model withdrawal form, but this is not mandatory. You can also fill out and submit the model withdrawal form or another clear declaration electronically on our website (www.decor-walther.de). If you make use of this option, we will immediately send you a confirmation of receipt of such withdrawal (e.g., by e-mail).

To comply with the withdrawal period, it is sufficient that you send the communication regarding the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of Withdrawal

If you withdraw from this contract, we shall reimburse all payments we have received from you, including delivery costs (with the exception of the additional costs resulting from your choosing a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the 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 any fees for this repayment.

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

You must return or hand over the goods to us immediately and in any event no later than fourteen days from the day on which you notify us of the withdrawal from this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.

You bear the direct costs of returning the goods. The costs for the return of goods that cannot normally be returned by post are estimated at a maximum of approximately 100.00 EUR. You 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 quality, characteristics, and functioning of the goods.

- End of the withdrawal instruction according to the official template -

No contractual right of withdrawal, exclusion

The right of withdrawal is available to you as a Customer exclusively on the basis of and within the scope of the statutory provisions. No right of withdrawal beyond this is agreed upon.

A right of withdrawal is excluded in particular in accordance with § 312g Paragraph 2 No. 1 BGB for contracts for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by you as the Customer is decisive or which are clearly tailored to the personal needs of the Customer.

III. Delivery and Shipping Costs, Delivery Time

The shipment of the goods takes place – unless otherwise agreed – at our discretion, e.g., via parcel service or forwarding agent. The costs for shipping will be specified separately to the Customer during the order process and must be borne by the Customer.
Deadlines and dates envisaged by us for deliveries and services are always approximate only, unless a fixed deadline or a fixed date has been expressly promised or agreed upon. If no specific delivery deadline is envisaged or agreed upon, the delivery time is a maximum of 30 days from the conclusion of the contract.
Our liability in case of delay is determined by Clause VI of this Section B.
For orders by Customers residing abroad or in the case of reasonable indications of a risk of payment default, we reserve the right to deliver only after receipt of the purchase price plus shipping costs (payment in advance reservation). If we make use of the payment in advance reservation, we will inform you immediately. In this case, the delivery period begins with the payment of the purchase price and the shipping costs.

IV. Payment Modalities, Set-off

We inform you about available payment methods on our website and during the order process.
Payment of the purchase price is due immediately upon conclusion of the contract in accordance with Clause I. 3. If the due date of the payment is determined by the calendar, the Customer is already in default by missing the deadline without the need for a reminder.
The Customer has no right of set-off unless their counterclaims are legally established or undisputed. The Customer is also entitled to set-off against our claims if they assert claims for defects or counterclaims from the same sales contract.

V. Customer Claims for Defects; Warranties

The statutory provisions apply to the Customer's rights regarding material defects and defects of title, unless otherwise stipulated below.
If the delivered item is defective, we can first choose whether we provide subsequent performance by remedying the defect (repair) or by delivering a defect-free item (replacement delivery). Our right to refuse the chosen type of subsequent performance under the statutory requirements remains unaffected.
If a request by the Customer for removal of defects turns out to be unjustified, we can demand reimbursement of the costs incurred from the Customer, unless the lack of defectiveness was not recognizable to the Customer.
If the subsequent performance has failed or an appropriate deadline to be set by the Customer for subsequent performance has expired unsuccessfully or is dispensable according to statutory provisions, the Customer may withdraw from the contract or reduce the purchase price/remuneration. However, there is no right of withdrawal in the case of an insignificant defect.
Claims of the Customer for damages or reimbursement of wasted expenditure exist only in accordance with Clause VI of this Section B and are otherwise excluded.
An additional warranty exists for the goods delivered by us only if this was expressly stated in the order confirmation for the respective article.

VI. Other Liability

Unless otherwise stated in these GTC Webshop, we are liable for a breach of contractual and non-contractual obligations in accordance with the relevant statutory provisions.
We are liable for damages – regardless of the legal grounds – in cases of intent and gross negligence. In cases of simple negligence, we are only liable
1. for damages resulting from injury to life, body, or health,
2. for damages resulting from the breach of a material contractual obligation (obligation, the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which the contract partner regularly relies and may rely); in this case, however, our liability is limited to the compensation of the foreseeable, typically occurring damage.
The limitations of liability resulting from Clause 2 do not apply if we have maliciously concealed a defect or have assumed a warranty for the quality of the goods. The same applies to claims of the Customer under the Product Liability Act.

VII. Retention of Title

We retain title to the goods delivered by us until full payment of the purchase price for these goods.

VIII. Information on Data Processing

We collect and process the data provided by the Customer as part of the order to execute the contract. In doing so, we comply in particular with the provisions of the Federal Data Protection Act and the Telemedia Act. Without the Customer's consent, we will only collect, process, or use inventory and usage data to the extent necessary for the execution of the contractual relationship and for the use and billing of telemedia.

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