General Terms and Conditions for our online shop "New Walls.com" incl. right of withdrawal
1. Scope
1.1 The online shop "New Walls.com" is owned and run by A.S. Création Tapeten AG ("A.S. Création")
1.2 These General Terms and Conditions ("GTC") apply to all offers, contracts and deliveries made upon the buyer's orders via our online shop "New Walls", if such buyer is a consumer.
Consumer is every natural person, who concludes a legal transaction for a purpose which is neither commercial nor self-employed.
For Consumers with residence outside the European Union these deviations apply:
- The right of withdrawal (clause 4) does not apply.
- The option for online dispute (clause 11.3) does not apply.
1.3 These GTC do also apply to all offers, contracts and deliveries made upon a Commercial Buyer's orders via our online shop "New Walls.com” with the following deviations:
- Clauses 4 (right of withdrawal), 9 (retention of title) and 11.3 (online dispute) do not apply.
- In addition to these GTC the general terms and conditions for business customers shall apply: https://www.as-creation.com/supply-and-payment-conditions.html
Commercial Buyer is a natural or legal person, who concludes a legal transaction for its commercial or self-employed purpose.
2. Offer and Conclusion of Contract
2.1 The presentation of products in our online shop is our invitation to you to make your order.
2.2 You can add the products you would like to buy to your "cart". You can use the corresponding button in the navigation bar to call up your " cart" and you can make changes in your cart at any time.
2.3 You can enter the purchase procedure by clicking the button “go to checkout”. After entering your personal contact details, the delivery address and choice of payment mode your individual order shall be shown as order summary. You can change your order via button “back” or you can finalize your order via button "purchase".
2.4 Upon finalizing your order the binding contract has been concluded.
2.5 After receipt of your order by us you will receive an order confirmation via email.
2.6 After dispatchin your order you will receive a shipping confirmation incl. a tracking ID.
3. Customized Goods
3.1 Clause 4 does not apply to customized goods. Our customized goods are photo wallpaper and tinted wall paint.
3.2 Photo Wallpaper
In section “Photo Wallpaper” you create your own wallpaper by choosing e.g., the design, colour effects and size (customized good).
3.3 Wall Paint
In section “colours” you can select your individual colour that suits you and your interior. The wall colour you select will be made especially for you.
The colour representation on the screen may differ from the actual colour. We recommend that you order a colour fan (The Colour Kitchen) or a paint sample (New Walls) beforehand to test the desired colour.
Please note: To the colour shade "Melting Marshmallow" the right of withdrawal according to section 4 does applies.
4. Right of Withdrawal
4.1 Consumers having their residence in the European Union have a right of withdrawal by law in accordance with clause 4.2. The right of withdrawal does not exist in the event of customized goods.
4.2 Withdrawal
Right of withdrawal
You have the right to withdraw from your contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires
- physical possession of the goods.
- (in the event of partial delivery): physical possession of the last good.
To exercise the right of withdrawal, you must inform us (A.S. Création Tapeten AG) of your decision to withdraw from your contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory. Please send your withdrawal via post, fax or email to A.S. Création:
- A.S. Création Tapeten AG, - Auftragsverwaltung-, Südstraße 47, 51645 Gummersbach, Germany
- fax: +49 (0)2261 542-390
- service@new-walls.com
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
We may hold back repayment until we have received the returned goods or until you have sent proof you have returned the goods to us; the earlier event is decisive.
You shall send back the goods without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
4.3 Instructions for Return
- Carrier: You can use a carrier of your choice to return the goods.
- Reimbursable Goods: Only goods, which have an unopened protective foil, are reimbursable. If the protective foil is opened, the goods have to be purchased by you.
- Transportation Packaging: Please return the goods to us in their original transportation packaging, if possible. If you do not have the original transportation packaging anymore, please see to it to use appropriate packaging which renders sufficient protection of the goods against transportation damages.
- Place of Return: The return shall be made to: A.S. Création Tapeten AG, - Auftragsverwaltung-, Südstraße 47, 51645 Gummersbach, Germany.
- Return location:
A.S. Création Tapeten AG
Retouremanagement
Albert-Einstein-Str. 9
51674 Wiehl
Germany
5. Price and Delivery Costs
5.1 The prices set forth on the individual product page include the VAT-rate valid in the country of delivery destination, delivery costs are charged in addition.
5.2 Delivery costs are charged per delivery. An overview of delivery costs per country you will find here. Delivery costs shall be shown during your ordering process.
6. Delivery
6.1 On the individual product page you will find the general delivery-period.
6.2 The individual delivery period will be shown during the order process after you have inserted the shipment address. The delivery time commences upon receipt of your payment on the bank account of A.S. Création.
6.3 Deliveries to countries outside of the European Union may invoke additional costs, e.g., custom charges and import duties, which shall be borne by you.
7. Payment
7.1 During the ordering process you can choose your favourite payment mode.
7.2 After your choice of payment mode you will be redirected to the webpage of the respective provider and there you enter your bank details.
8. Warranty
8.1 If you believe the goods to be defective you can inform us about your concerns via the complaint form. Please upload a picture of the label of the respective good and a picture of the defect. Our service team shall consult with you.
8.2 If our service team confirms that there is a defect, we shall send to you a defect-free replacement or we shall reimburse the purchase price including delivery costs. The defective goods shall not be returned.
Wallpaper
8.3 Please take note of the following information regarding the question of a defect:
- Deviations in size of +/- 3% are not avoidable during production and thus not a defect;
- Deviations in colour between different production numbers (serial no.), e.g., between sample cards and actually received goods, are not avoidable and thus not a defect;
- Wallpaper being made out of or comprising natural fibres may have alternating colour effects; loose fibres may be visible. These are no defects.
- Deviations in colour between your computer screen and the actually received goods may not necessarily be a defect.
- Goods ordered in excess are no defect, even if the calculator on our online shop has been used.
Wall Paint
8.4 Please take note of the following information regarding the question of a defect:
- The surface effect of the paint depends on the substrate and therefore does not necessarily constitute a defect.
- The surface effect of the paint depends on the amount of paint applied and therefore does not necessarily constitute a defect.
- The colour representation on the screen may deviate from the actual colour. A colour deviation therefore does not constitute a defect.
9. Retention of Title
The goods remain our property until their invoice has been paid completely.
10. Data Protection
Please see our declaration on the protection of data subject rights.
11. Choice of Law, Place of Performance, Online Dispute, Registration
11.1 Our legal relation is governed by German law, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
11.2 Place of performance is our place of business.
11.3 Applicable for Consumers with EU-residence: The European Commission provides a platform for online disputes which you can find here: https://ec.europa.eu/consumers/odr/ . We are willing to participate in such online dispute procedure.
11.4 Concerning extended producer responsibility, we are registered in France under the number FR208406_01THJG.
