General Terms and Conditions
The following general terms and conditions apply to all orders placed via our online shop.
These general terms and conditions also apply to businesses for future commercial relations without the need for any formal expression thereof. Unless expressly approved by us to the contrary, we cannot accept the contractual validity of any conflicting or complementary general terms and conditions used by any business.
2. Contractual partner, formation of contract
The purchase contract is concluded with POSTERLOUNGE GmbH.
The display of products within the online shop constitutes a binding offer on our part to enter into a contract vis-à-vis the items. You may place our products in your basket without obligation and amend your entries at any time prior to submitting a binding order by using the correction facilities that are provided for this purpose and explained during the ordering process. The contract is formed by clicking on the order button which indicates your acceptance of our offer concerning the goods contained in your basket. Once you have sent your order, you will immediately receive a confirmation via e-mail.
3. Contract language, saving of the contract text
The language available for concluding the contract is English.
We save the text of the contract and forward the order data and our general terms and conditions to you by e-mail. You may also view the text of the contract in our customer login area.
4. Delivery conditions
Delivery costs are added to the product prices as displayed. Delivery charges are explained within individual product offers.
We only dispatch goods, pickup by the customer is not possible.
The delivery of large goods by courier is made by truck and to the kerbside closest to the delivery address, unless expressly agreed otherwise.
We deliver within Europe. Information on any applicable delivery restrictions for large goods can be found in the help section of our online shop under ‘Delivery’.
The following payment methods are available in our online shop. We reserve the right to limit the choice of payment methods available for an order depending on the order value, the terminal device being used or other objective criteria, such as whether you are a consumer or a business.
With the submission of the order, you are sending us your credit card details. After your identification as the legal cardholder, directly after the order, we will ask your credit card company to initiate the payment transaction. The payment transaction is automatically carried out by the credit card company and the invoice amount is charged to your card.
During the ordering process, you will be forwarded to PayPal’s website. In order to pay the invoice amount via PayPal, you must be registered there or register first, identify yourself with your access data and confirm the payment instructions to us. After submitting your order in the shop, we instruct PayPal to initiate the payment transaction. Directly afterwards, the payment transaction is carried out automatically by PayPal. You will receive additional information during the ordering process.
In order to pay the invoice amount via Apple Pay, you must have set up Apple Pay in the Wallet app and be using a compatible Apple device for your purchase. Once you have verified your order details, you can complete your purchase and confirm payment by authenticating yourself using Face ID or Touch ID, for example. The payment transaction will then be automatically processed by Apple.
In order to pay the invoice amount via Google Pay, you must have a Google account and have added a valid means of payment. Once you have entered your required information and verified your order details, you can complete your purchase and confirm your payment. The payment transaction will then be automatically processed by Google.
6. Retention of title
The goods shall remain our property until full payment is made.
For businesses the following applies additionally: We reserve ownership of the goods until complete settlement of all claims arising from a current business relationship.
7. Voluntary return policy up to 30 days after receipt of goods
For consumers the following applies: In addition to statutory withdrawal rights (see cancellation policy), we also grant you a voluntary return period of 30 days after receipt of goods. With this return policy, you may withdraw from the contract after the statutory 14-day withdrawal period by sending goods back to the address below within 30 days of receipt of goods (beginning on the day goods are received). Timely dispatch of goods is sufficient for observing the deadline. However, a prerequisite for making use of your voluntary return rights is that goods are returned in a complete and undamaged state.
Please send goods back to:
POSTERLOUNGE GmbH, Mommsenstraße 6, 04329 Leipzig, Germany
Your statutory right to withdraw from the contract remains unaffected by the contractually agreed upon voluntary return policy. Until the 14-day withdrawal period expires, the legal conditions stated in the cancellation policy apply exclusively. Furthermore, our voluntary return policy does not restrict your statutory warranty rights.
8. Damage during delivery
Applicable to consumers:
If the goods are delivered with obvious damage caused during delivery, please report the defect to the carrier and notify us without delay. Failure to make a complaint or to make contact does not in any way affect your legal rights or the enforcement of such rights, notably your warranty rights. However, in doing so you help us to assert our own claims against the carrier or transport insurer.
Applicable to businesses:
The risks of accidental loss or deterioration of the goods will transfer to you once we have submitted the item to the freight forwarder, carrier or other contractor for forwarding to the defined person or establishment. ‘Kaufleute’ as defined by the German Commercial Code (HGB) are subject to the inspection and notification requirements set out in Section 377 HGB: The purchaser must examine the goods immediately after their delivery by the vendor, as far as this is practicable in the ordinary course of business, and upon the discovery of any defect must immediately give notice thereof to the vendor. Should you fail to comply with the instructions set out therein, the goods will be deemed to have been approved unless the defect was not detectable on inspection. This shall not apply if a given defect has been concealed by us deceitfully.
9. Warranty and guarantees
Unless expressly agreed otherwise below, the law governing liability for defects shall apply.
We are under a legal duty to supply products that are in conformity with this contract.
For consumers, statutory warranty rights governed by the law of the country where the consumer has his habitual residence apply.
For businesses the limitation period for claims for defects is one year from transfer of risk; the statutory limitation periods for the recourse claim under Section 445a BGB (German Civil Code) remain unaffected.
With respect to businesses, only our own information and the manufacturer’s product descriptions, which have been included in the contract, are regarded as the agreement regarding the quality of the goods; we assume no liability for public statements of the manufacturer or other advertising statements.
If the delivered item is defective, we may initially choose, with respect to businesses, whether we will provide supplementary performance by rectifying the defect (repair) or by delivering a non-defective item (replacement delivery), at our discretion.
The aforementioned restrictions and shortened time limit do not apply to claims for damages which have been caused by us, our legal representatives or legal agents:
- for injury to life, limb or health;
- for deliberate or grossly negligent breach of duty, as well as fraud;
- for breach of material contractual obligations, the fulfilment of which make the proper execution of the contract possible at all and which the contracting parties may generally rely on and trust in being complied with;
- within the context of a guarantee commitment, where agreed.
Information on any additional guarantees and their precise conditions that may apply can be found next to the product and on specific information pages in the shop, if applicable.
When you exercise your warranty rights and we deem it necessary to receive the goods back in order to examine your complaint, you must send back the goods at our cost to the address given in the supplier identification. We are committed to respond to any complaint immediately, but no later than within 14 days of its submission.
Our customer service is available for queries, complaints and claims on working days from 9 a.m. to 5 p.m. via phone at +49 341 33 97 59 00 as well as via e-mail at firstname.lastname@example.org
We shall in any case be liable without limitation for claims due to damages that have been caused by us, our legal representatives or legal agents:
- for injury to life, limb or health;
- for deliberate or grossly negligent breach of duty;
- for guarantee commitments, where agreed;
- towards consumers.
Except these cases, our civil law liability is limited to the foreseeable and direct damages at the time of contract conclusion.
11. Online dispute resolution
The European Commission provides a platform for online dispute resolution (ODR) which can be accessed at https://ec.europa.eu/consumers/odr/
We are neither obligated nor willing to participate in dispute settlement proceedings before a dispute resolution body.
12. Final provisions
If you are a business, German law applies, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.
If you are a ‘Kaufmann’ within the meaning of the German Commercial Code (HGB), public-law legal entity or special public-law fund, the exclusive legal jurisdiction for all disputes from contractual relationships between us and you is our registered office.