General Terms and Conditions (GTC)
General Terms and Conditions for ordering products and services: see www.wallunica.com.
As per the 01st June, 2010
I. Validity of GTC
The present General Terms and Conditions (GTC) is an integral part of the Contract between you as
customer (hereinafter referred to as Customer or You) and us, wallunica.com (hereinafter referred to as
“Ingo Claus”, “Wallunica” or “We”). The present GTC are valid unless other individual agreements are
made which would take precedence over the present GTC. Any other General Terms and Conditions are
not accepted by Wallunica. Consequently, they will not be an integral part of this Contract; any GTC other
than these shall not form a valid part of any contract.
II. Party of Contract
Products or services via the www.wallunica.com website shall be ordered by concluding a contract (for
purchase and sale, or for work delivery) with the following Party of the Contract (also, see below Section
IV of the present GTC):
Ingo Claus
Felix-Dahn-Str. 4
D-20357 Hamburg
Deutschland/Germany
Telefon: +49 (0)40 – 414 310 092 – 0
Telefax: +49 (0) 40 – 414310092 - 9
E-mail: service@wallunica.com
Reg. VAT No.: DE269765680
III. Subject and Objectives of Contract; Quality of Subject of Contract; Customer’s Obligations in Cooperation
1. Subject of Contract
The subject of the Contract is products and services specified on the www.wallunica.com website, in “Ordering
Procedure” section, and listed in our Order Acknowledgement wherein their respective final prices are
given (see Section VI of the present GTC).
2. Quality of Subject of Contract
We shall produce products ordered by you (in particular, wallpaper and posters), whereas you will
specify, in particular, an appropriate design (choice of the motif/design shall be at your discretion),
dimensions and other parameters in your order.
In particular, when providing your own image (e.g. photos) , it is worth considering that optical quality of
the end product (poster or wallpaper) shall significantly depend on the quality of your image (e.g. on its
accentuation, lighting, resolution, compression ratio, etc.). Any error in the quality of your image will be
enlarged greatly during the production of the wallpaper or poster ordered by you, and will be therefore
be extremely visible. It is technically stipulated that some insignificant colour deviations may occur
between the pattern and the end product in course of producing the latter. Deviations of the product from
the pattern picture may be caused by a definite density, structure or surface of the fabric base material and
are inevitable.
On technical grounds, pictures of our products and services on our website and other websites, in catalogues,
pattern leaflets, flyers and other printed materials, etc., are not displayed in perfect conformity to real
products. In particular, colours in our info materials may significantly differ from those in end products. It
may be due to individual settings of your computer or screen and to a definite lighting (daylight or artificial
light), or due to other similar factors.
These restrictions are part of the agreed quality of products and services due to be supplied to you, and
shall not be regarded as defects or any other type of a badly performed order. Warranted observance of
individually expressed properties is thus excluded.
High level of colour conformance may be warranted for products ordered only when the order includes an
expressed request for presenting the proof pattern. Yet, even in such cases insignificant colour deviations
are inevitable due to technical causes.
When processing our products, please strictly observe all instructions concerning repeated patterns,
processing and hanging.
3. Customer’s Obligations in Cooperation, in Particular Those Concerning Property Rights When
Presenting Their Own Image/Design/Motif
Within your order, we shall produce products ordered by you, on the basis of your specifications. The
latter includes, in particular, your choice of the design/motif and specifying necessary dimensions. In
certain situations, we may apply a pattern or image presented by you (e.g. a photo made by you). These
additional actions of yours should be performed by you in the appropriate way in order to enable us to apply
our automatic processing of orders on our www.wallunica.com website. You can also find further details of
this procedure on the website.
When receiving all necessary data from you (images, motifs, designs, photos, sketches, etc.) we imply
that all copyrights, industrial design rights, trade marks and/or separate legal norms to protect allied rights
(in particular, rights of owners of the motif or data, rights of photographers or designers), as well as all
personal and similar rights, are observed by you, including those concerning images of trade marks,
signs, objects and/or people contained in these motifs (especially in photos).
When you present your own motif or design to us, e.g., a photo, for producing a poster or wallpaper, you
shall give an expressed warranty that all these rights shall be observed by you in complete amount, at
least in the amount necessary for reproduction of this motif or design by us, and for presenting them at
our disposal in an album function offered on www.wallunica.com, and for your planned use of the products
produced by us for you.
Any losses arising from potential violations of these and other rights shall be borne exclusively by your
party.
Should any claims to us from third persons arise due to your insufficient legal authorities in relation to the
prescribed use of such design or motif, you shall warrant our immediate and complete exemption from
any expenses emerged due to such claims (in particular, from judicial charges), as well as, insofar it will
occur, from all the losses.
In general, you will be obliged not to prevent our activities aimed at performing the contract, and, insofar it
will be necessary or stipulated, to cooperate with us in course of performing the contract.
IV. Conclusion of Contract; Language of Contract
1. Conclusion of Contract
Presentations of products and services on www.wallunica.com contain just our proposals or examples and
the final product would depend on you providing certain variables (size, etc); they are not binding and not
warranted against errors and modifications.
The contract between you and us shall be completed in such a way that you agree that we apply the
procedure of automatic placing of the order via www.wallunica.com website, or that in our phone
conversation we propose the binding offer to you in regard to a single or multiple products and/or services
(order or assignment), thereafter this offer shall be issued in form of a binding acknowledgement of
accepting the order (mostly sent via email). Acceptance of your order shall mean that we will execute
your order, with delivery of the ordered products or rendering of the ordered services.
If afterwards you do not receive from us the binding acknowledgement of accepting the order upon
receipt of the order acknowledgement sent immediately (via email) upon ending the initial stage of the
order it will unambiguously mean that we begin to execute your order. Such Order Acknowledgement
shall contain all details of your order and will serve to you for controlling its execution.
2. Technical Stages of Concluding Contract; Correction of Requests
Each time input errors arise in composing the contract, you may use step-by-step the following
consequence above “Back” indicator in the lower left corner of any page, in order to go back.
a. You select the wallpaper you need in your shopping cart. Here you are able to modify the
format and quantity of separate wallpapers, or to delete the goods.
b. Further on, you can present us the info concerning accounts, receivers of the delivery, and
terms of payment. Here you can also specify the account for settlement with us, making this
data accessible in the event of another order from you.
c. Immediately after that, your order and data will be displayed as an overview for control.
d. As soon as you click button "order" thereafter all your specified items will be ordered. You will
receive the page with the acknowledgement wherein the assigned number of your order will
be specified.
e. Then you will receive an Order Acknowledgement via email with all data of your order at the
email address specified by you. At the same address but slightly later you will receive an e-
mail notification with the acknowledgement of receiving the order wherein the payment data
will be specified.
3. Saving text of the Contract
We shall not save or archive your order together with the executed contract after your order is executed.
Please keep your appropriate order acknowledgements and, if applicable, acknowledgement of receiving
orders as references.
4. Language of the Contract
The sole language of the Contract is German. If we present to you these GTC in some other language as
well, in case of text discrepancies the German version of GTC and other terms of the Contract shall
prevail.
V. Right of Return for Consumer
Right of return described here below will be applicable to consumers only, that is, natural persons who do
not purchase our products and/or services for their production activities or for use in their own
professional activities.
The right of return will not be applicable to those orders in a framework whereof we produced products for
you in accordance with your personal demands, in particular, when we (a) manufactured the product featuring your own design or image which was presented to us by you, or when (b) you ordered a product
from us (especially wallpaper) with dimensions specified by you which do not conform to standard
dimensions. Right of cancellation and return shall not be applied when the Product and/or Service(s) is (are)
purchased by you from one of our distribution partners.
*** Explanation of Right of Return - Beginning ***
You may return goods you hold, without giving any reasons thereof, within 14 days of receipt by sending
them back to us.
The mentioned period shall begin from the moment of receipt of such explanation in the text form (e.g., in
form of a letter, fax or email), but not prior to receipt of the goods by the consumer (when returning a lot of
similar goods – not prior to receipt of the first partial shipment), as well as not prior to fulfilling our informational
obligations, in accordance with Article 246, Par. 2 as combined with Par. 1, Sections 1 and 2 of
Introductory Law to Civil Code (EGBGB), as well as our obligations in accordance with Par. 312e, Section
1, Sentence 1 of Civil Code, as combined with Article 246 Par. 3 of EGBGB.
Only for goods not transportable by a small parcel (e.g., oversized ones), you may claim for return also by
means of demand for return in written form. The goods must be sent or the return requested within the
period allowed. In each case the return will be made at our expense and risk. The return or the demand
for return shall be sent at the following address:
wallunica.com
Ingo Claus
Felix-Dahn-Str. 4
D-20357 Hamburg
Deutschland/Germany
Telefon: +49 (0)40 – 414 310 092 – 0
Telefax: +49 (0) 40 – 414310092 - 9
E-mail: service@wallunica.com
Returns Procedure
In order for a return to be valid all mutually received services and/or products are to be returned, and in
the event of any profit having been gained through the use of the services and/or products (e.g.consumer
profit) will be payed to Wallunica as compensation.
In case of deterioration of goods, compensation of value may be demanded. This provision will not be
applied if deterioration of goods is induced for testing goods which may from time to time be performed in
a shop.
You may also avoid any obligation to compensate for the lost value by your using the goods in the
manner specified in order to avoid any reduction in its quality or condition by not using the goods as
your property and thus doing nothing to reduce its value.
Obligations for return of payments shall be performed within 30 days. This period will begin for you from
the moment of sending back the goods or the demand for return, and for us - from the receipt.
*** Explanation of Right of Return - End ***
For sending back, please use – without it as being necessary for execution of your right of return – the
production and transport packing used by us, or perform other proportional packing of product in order to
avoid sending the shipped item on non-Ex Works terms. Your expenses for return will be refunded by us.
VI. Prices and Obligations of Payment; Delivery and Liability for Risk; Retention of
Right of Property; Debit and Credit Set-off and Withholding
1. Prices and Obligations of Payment
Prices specified in the Webshop on our site www.wallunica.com are final prices in Euro, including VAT
applied pursuant to German laws. All information about prices in other currencies is given as reference for
customers. Calculations of works and non-marketed operations are performed in Euro. Wallunica retains the
right to add settlements in foreign currencies to the methods of payment specified in the Webshop in
future.
If the delivery address and the customer’s account are not in Germany and if the customer is a
commercial customer or an entrepreneur the provisions concerning foreign-trade turnover tax (Value
Added Tax, for example) will be applied thereto.
In case of individual orders, the price will be commensurate with the preliminary cost estimate composed
by us prior to concluding the contract or with the data from Webshop on our www.wallunica.com website.
Added to these prices are costs of freight transportation/re-sending confirmed hereunder or specified
separately. When delivering goods abroad, any final costs for paying import duty and other charges shall
be borne by you or the receiver of the shipped item.
Settlements with a customer shall be performed, at the customer’s discretion, within procedures of
processing an order in our Webshop and solely by advance payment - via a credit card or PayPal. We
shall not be obliged to begin manufacture of products ordered by without first receiving payment from you.
Settlements for advance payment shall be performed by bank transfer. When ordering goods with
advance payment, you will receive a computer-generated acknowledgement of acceptation of the order
by e-mail with our entire bank data specified and the number assigned to your order. This number of the
order shall be specified when performing a bank transfer, together with your name and surname, in
the payment assignment. Please note that, depending on the day of a week when the transfer will be
made and velocity of money transfer, which may differ in various banks, the procedure of money transfer
may take from 1 to 5 days. Your order may be subjected for processing after successful payment only.
After performing payment, the order will be sent to you within the following standard periods:
- 14 working days for delivery within Germany;
- 16 working days for delivery within the EU;
- 14 – 20 working days for delivery outside the EU.
In case of express delivery, periods and terms of delivery will be agreed between Wallunica and the
customer individually. The data concerning delivery periods are not binding unless the obligatory terms of
delivery may be specified, as an exception.
2. Delivery and Liability for Risk
Delivery shall be performed ex-works to the address specified by you. To produce our products, we will
need approximately 14 working days beginning from our receipt of your order and payment for it (see
above VI, Sect. 1). Upon its readiness, the order shall be immediately given to the forwarder with whom
we have concluded the appropriate agreement.
We accept consignment risk in relation to the consumer. In all other, if you are an entrepreneur you are
accepting consignment risk from the moment we give products ordered by you to the forwarder for
transportation; at your will, we are ready to perform insured consignment, provided reimbursement of
extra costs incurred.
When delivering goods outside the EU, clients shall bear all liabilities on the organisation of import
formalities on their own. All charges to be paid for import and customs clearing shall be paid by
customers themselves. We do not take any warranties and liabilities in relation to export or import of
goods purchased by you.
3. Retention of Right of Property
Products produced and delivered by us shall remain our property until being fully paid for by you.
4. Debit and Credit Set-off and Withholding
You acquire right for debit and credit set-off and withholding only in the event of your counterclaims being
acknowledged as legally qualified or being uncontested. You may apply the right for withholding only on the
basis of the available counterclaims within interrelations defined by the same contract.
VII. Warranties and Claims for Recovery of Purchaser’s Damages
1. Specified Quality
Please see notes in clause III.2 above concerning the quality of our products and services. Our products
and services are within the quality range specified therein. While not denying evident fluctuations of
quality within this range, we state that our products and services show no defects of the specified quality
in any part thereof.
2. Warranties
In relation to consumers, we accept warranties pursuant to legal definitions, i.e. consumers will have right
for consecutive execution (correction of defects or delivery of new items, at your discretion), for reduction
of the price and for return or recovery of damages. Recovery of damages will be executed with taking into
account the following restrictions given below.
In relation to entrepreneurs, we accept warranties pursuant to legal definitions, with restrictions when the
choice of consecutive execution (correction of defects or delivery of new items) will be made at our
discretion. Recovery of damages will be executed, taking into account the following restrictions given
below.
3. Liability for Recovery of Damages
The following provisions are related both to contractual requirements of our party of Contract, in particular
(but not restricted to) in framework of correction defects, delays and impossibility, and to circumstances
stipulated by law, in particular, to pre-contractual requirements and to those arisen due to incurring
damage:
In the framework of legal prescriptions, we bear non-restricted liability in case of intended fault of ours
and in future, when due to infringement of liabilities by us, damage to health, injuries or death occur. In
particular, we bear non-restricted liability on our obligations on the basis of the law on product liability. This
provision of non-restricted liability is prevailing over all following definitions.
If our grossly negligent infringement of obligations is evident we shall bear non-restricted liability for
damage with the following restriction: In case of ordinary assistants whom we assigned to execute our
obligations, our liability in relation to entrepreneurs will be restricted by predicted typical kinds of damage.
In case of our infringement of obligations caused by negligence we shall bear liability in relation both to
consumers and to entrepreneurs which shall be restricted by the level of predicted typical kinds of
damage if we speak of major obligations. Should any minor obligations be violated by our party due to
negligence, with violation by assistants whom we assigned to execute our obligations, our liability in
relation to consumers will be restricted by predicted typical kinds of damage, and in relation to
entrepreneurs will be entirely excluded. The amount of major obligations will be defined either for
characterisation of a definitely designated significant violation of obligations which would jeopardise
achieving objectives of the contract, or will be abstractly claimed as the obligation fulfilment whereof
solely makes possible execution of the contract and observance whereof may be confided to the
customer.
In case of damage due to improper quality and indirect damage, as well as damages arising not directly
due to the subject of delivery, in case of loss of expected gain, drop in production, drop in consumption,
expert costs, etc., we shall bear liability in relation to consumers for the damage caused by negligence;
with the restrictions pursuant to all above mentioned definitions being valid. In relation to entrepreneurs,
we shall recover damage from insufficiency in execution of obligations and indirect types of damage only
in cases of our infringement of major obligations caused by gross negligence, insofar they are predicted
typical kinds of damage.
In all other matters, our liability is excluded.
In case of damage arising due to improper handling of the product delivered by us, or due to its incorrect
installation, wallunica.com will not act however to provide warranty. In the appropriate section "Help", you
can find the installation manual.
4. Obligations on Examinations and Complaints in Case of Detected Defects
If you are a consumer we would like you to inform us as soon as possible about possible damages due to
non-careful transportation of products delivered to you, or about other damages which can be detected
visually. Yet such detection will not give you right as a consumer to present warranty requirements and
replacement requirements.
Without prejudice to customers who are entrepreneurs and acting as such, obligations on examinations
and complaints pursuant to Par. 377 of Trade Code shall be applied in such a way that expert
investigation shall be performed, and all detected deviations are reported by email, fax or post with
precise description of each found defect within 10 working days after receipt of the defected goods.
Should any defects be found after this period which had not been detected in course of the mentioned
examination they should be immediately reported about at latest within 3 working days from the moment
of detection of these defects, otherwise (i.e. at failure to examine, at insufficient and/or non-timely
examination and/or complaint) the goods will be regarded as not containing defects apart from those that
might be detected in course of the above mentioned initial examination.
VIII. Lump-sum Recovery of Seller’s Damage
If you refuse, without grounds, to accept the goods ordered by you and to pay for it, and we consequently
may require from you, on legal basis, recovery of damage for the service rendered then the sum of such
recovery of damage will have the value of lump-sum 40 per cent of the stipulated purchasing price,
except for the cases when you will be able to prove that the damage doesn’t reach or exceed such a
lump-sum value; in case of the order with individual execution on your assignment, the lump-sum amount
of recovery of the damage shall be equal, provided all other conditions being the same, to 90 per cent of
the stipulated purchasing price.
In all other matters, our claims to you will be based on legal requirements in relation to violation of the
contract and/or your obligations.
IX. Protection of Copyrights and Other Manufacturer’s Rights
All rights to author’s copies, industrial patterns and other manufacturer’s rights in relation to our designs,
sketches and other types of designing shall remain at ours or at our licensors, and consequently cannot
be applied in commercial or industrial purposes, regardless the type and way of their use. The same shall
be related to designing ideas arisen from orders for designing.
All materials on our website are reserved in accordance with German laws, the law of copyright, and
cannot, without prior written permission from wallunica.com or (if materials from a third party are
concerned) without permission from the owner of the contents, be reproduced, distributed, transferred,
demonstrated, published or circulated. You shall not be entitled to modify or remove trademarks,
copyrights, or other marks on copies of the contents.
X. Data Protection (Privacy Statement)
We shall state, proceed and use your personal data which you gave to us or which you specify in the
order form on our website www.wallunica.com, only in the framework of your order and only with the
purpose of being able to execute your order.
The data which you presented to us in the process of your order will also be saved in a so-called cookie
on your computer (if this function is enabed in your browser). This cookie will be stored on your computer
in case of your next search, and thanks to it you will not need to give us your data once again for your next order.
Also, we shall state, proceed and use your personal data only when you give your expressed consent to
that. You may cancel this consent by any communication means, at our address:
wallunica.com
c/o Ingo Claus
Felix-Dahn-Str. 4
D-20357 Hamburg
Deutschland/Germany
Telefon: +49 (0)40 – 414 310 092 – 0
Telefax: +49 (0) 40 – 414310092 - 9
Email: service@wallunica.com
Thereafter, we shall not give to any third persons any of your personal data, including your post and email
addresses, without your expressed consent for each separate case, except for our partners who are
assigned to perform works on logistics, production and provision of payment cycles, as well as the data
necessary to them for performing their respective service duties (e.g. your address).
At the request sent to the addressed given above, we will notify you about your data which has been
saved by us.
VII. Applied Law; Place of Settling Disputes
All disputes arising from the mentioned legal relations shall be examined within legislation of the Federal
Republic of Germany; UN Provisions of Convention on Contracts for International Sales of Goods (CISG)
shall not be applied.
In case of disputes arising from our business relations with purchasers, the place of settling disputes will
be, at our choice, the city of Hamburg or the location of our contractual partner's business or residence
unless a complaint has been already filed thereof. As for consumers, the provisions of law defining the
place of settling disputes shall be applied.