Terms and Conditions

General Terms and Conditions of Sale and Delivery for Orders Placed via the Online Shop at rasch.de

1) Scope of Application

1.1 These General Terms and Conditions of Sale and Delivery for orders placed via an online shop (hereinafter referred to as “GTC”) of Tapetenfabrik Gebr. Rasch GmbH & Co. KG (hereinafter referred to as “RASCH”) apply to all contracts for the delivery of goods that a consumer (hereinafter referred to as “Customer”) concludes with RASCH as the seller with regard to the goods presented by RASCH in its online shop. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 For the purposes of these GTC, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their main professional activity.

1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity (§ 13 BGB).

 2) Conclusion of the contract

2.1 The product descriptions contained in the RASCH online shop do not constitute binding offers on the part of RASCH, but serve to enable the customer to submit a binding offer.

2.2 The customer can submit the offer using the online order form integrated into the RASCH online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that completes the ordering process. 2.3 RASCH may accept the customer's offer within five working days by sending the customer a written order confirmation or an order confirmation.

2.3 RASCH may accept the customer's offer within five working days - by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby the date of receipt of the order confirmation by the customer shall be decisive, or - by delivering the ordered goods to the customer, whereby the date of receipt of the goods by the customer shall be decisive, or - by requesting payment from the customer after the customer has placed the order. If several of the above alternatives apply, the contract shall be concluded at the time when one of the above alternatives occurs first. The period for acceptance of the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth working day following the sending of the offer. If RASCH does not accept the customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by their declaration of intent.

2.4 If the payment method “PayPal” is selected, payment will be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as “PayPal”), subject to the PayPal Terms of Use, which can be viewed at https://www.paypal.com/en/webapps/mpp/ua/useragreement-full or – if the customer does not have a PayPal account – subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer selects “PayPal” as the payment method during the online ordering process, they also issue a payment order to PayPal by clicking the button that completes the ordering process. In this case, RASCH hereby declares its acceptance of the customer's offer at the moment when the customer initiates the payment process by clicking the button that completes the order process.

2.5 When an offer is submitted via the RASCH online order form, the contract text is stored by RASCH after the conclusion of the contract and transmitted to the customer in text form (e.g., email, fax, or letter) after the customer has submitted their order. If the customer has set up a user account in the RASCH online shop before sending their order, the order data will be archived on the RASCH website and can be accessed free of charge by the customer via their password-protected user account by entering the relevant login details.

2.6 Before placing a binding order via the RASCH online order form, the customer can identify any input errors by carefully reading the information displayed on the screen. An effective technical means of better identifying input errors can be the browser's zoom function, which enlarges the display on the screen. The customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click on the button that completes the ordering process.

2.7 The contract is concluded exclusively in German.

2.8 Order processing and contact are usually carried out by email and automated order processing. The customer must ensure that the email address provided for order processing is correct so that emails sent by RASCH can be received at this address. In particular, when using spam filters, the customer must ensure that all emails sent by RASCH or by third parties commissioned by RASCH to process the order can be delivered.

3) Right of withdrawal

3.1 Consumers have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in RASCH's cancellation policy, which is reproduced at the end of the General Terms and Conditions. There you will also find a form that can be used for cancellation.

4) Prices and terms of payment

4.1 Unless otherwise stated in the product description provided by RASCH, the prices quoted are total prices that include statutory sales tax. Any additional delivery and shipping costs will be specified separately in the respective product description.

4.2 The payment option(s) will be communicated to the customer in the RASCH online shop.

4.3 If payment is made using a payment method offered by PayPal, payment will be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or, if the customer does not have a PayPal account, subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

4.4 If a payment method offered via the payment service “Klarna” is selected, payment will be processed by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter referred to as “Klarna”). Further information and Klarna's terms and conditions can be found at the following Internet address: https://www.klarna.com/de/agb/

4.4.1 Klarna (purchase on account): Please note that these payment options can only be used by consumers (§ 13 BGB) and require a positive credit check carried out by Klarna. For the credit check, Klarna requires the customer's consent, which is obtained at the time of purchase. The invoice is issued by Klarna and sent to the customer by email. The payment deadline is 14 days from dispatch of the goods. Klarna's terms of payment apply to the payment process and can be found at: https://cdn.klarna.com/1.0/shared/content/legal/terms/EID/de_de/invoice?fee=0.

4.4.2 Klarna SOFORT If you select the “SOFORT” payment method, payment will be processed by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter “SOFORT”). In order to pay the invoice amount via “SOFORT,” the customer must have an online banking account that is activated for participation in “SOFORT,” must identify themselves during the payment process, and must confirm the payment instruction to “SOFORT.” The payment transaction is carried out immediately afterwards by “SOFORT” and the customer's bank account is debited. The customer can find more information about the “SOFORT” payment method on the Internet at https://www.klarna.com/sofort/.

4.5 If you select the credit card payment method (VISA/MasterCard), your credit card will be charged when you complete your order.

4.6 If you select the SEPA transfer payment method, your bank account will be debited on the value date (value date).

4.7 Refunds will be made in the case of the payment option “PayPal” to the customer's account linked to PayPal. “Klarna purchase on account” to the account used by the customer for payment. “Klarna Sofort” by refund to the account from which Klarna received the payment. “Credit card” to the credit card account used; please note that the value date on the credit card account depends on the respective credit card institution. “SEPA transfer” to the bank account used; please note that the value date on the bank account depends on the respective financial institution.

5) Delivery and shipping conditions, transfer of risk

5.1 Unless otherwise agreed, goods shall be delivered by shipping to the delivery address specified by the customer. The delivery address specified in the order processing by RASCH shall be decisive for the processing of the transaction.

5.2 Unless otherwise stated on the product detail page, parcels will be shipped via a delivery service within three working days of the conclusion of the contract. The shipping costs are specified in the online shop. Unless otherwise stated on the product detail page, delivery by a forwarding agent will be made by the carrier within five working days of the conclusion of the contract. The shipping costs are specified in the online shop. No deliveries are made on Sundays or public holidays. If the customer orders items with different delivery times, RASCH will ship the goods in a single shipment, unless otherwise agreed. In this case, the delivery time is determined by the item with the longest delivery time ordered by the customer.

5.3 If delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by RASCH as a result. This does not apply to the costs of the initial delivery if the customer effectively exercises their right of withdrawal. If the customer effectively exercises their right of withdrawal, the provisions set out in RASCH's cancellation policy shall apply to the return shipping costs.

5.4 Self-collection is not possible for logistical reasons.

6) Delivery impediments, force majeure

6.1 If RASCH is prevented from fulfilling its obligations due to the occurrence of unforeseeable extraordinary events for which it is not responsible and which it could not avert despite exercising reasonable care in accordance with the circumstances of the individual case, regardless of whether these occur at RASCH's premises or at its suppliers' premises – in particular official interventions, operational disruptions, labor disputes, delays in the delivery of essential raw materials and supplies, the delivery period shall be extended by a reasonable amount. If the aforementioned events render delivery or performance impossible, RASCH shall be released from its delivery obligation without the customer being entitled to withdraw from the contract or claim damages. If the aforementioned obstacles occur at the customer's premises, the same legal consequences shall also apply to its obligation to accept delivery. The contracting parties are obliged to notify the other party immediately of any obstacles of the type described above.

6.2 If deliveries are not accepted on time, RASCH shall be entitled to charge for any additional costs incurred (e.g., storage costs) and to claim damages, which must be proven in detail.

7) Liability for defects (warranty), obligation to give notice of defects, limitation of liability

7.1 RASCH accepts no liability for defects resulting from natural wear and tear, wear and tear due to the product's service life or other causes, faulty, negligent, unsuitable or improper handling, use or storage (such as installation in wet new buildings, storage in damp basements or attics, lack of protection from excessive heat, incorrect cleaning and operation, wilful damage and alteration of the goods by the customer or third parties) or through failure to observe RASCH's processing and usage instructions. Deviations in dimensions and shape that are customary in the industry and technologically justified, as well as color deviations that cannot be remedied, for example those inherent in the nature of the goods, do not entitle the customer to make a complaint. RASCH does not guarantee exact conformity with color samples or absolute uniformity of surfaces.

7.2 If the customer is a consumer, they are entitled to choose the type of subsequent performance, elimination of the defect, or delivery of a defect-free item.

7.3 RASCH's liability shall be governed by the statutory provisions, unless otherwise specified below.

7.3.1 Claims for damages by the customer due to obvious material defects in the delivered goods are excluded if the customer does not notify RASCH of the defect within a period of two weeks from delivery of the goods.

7.3.2 RASCH's liability for damages, regardless of the legal basis (in particular in the event of delay, defects or other breaches of duty), shall be limited to the foreseeable damage typical for this type of contract.

7.3.3 The above limitation of liability shall not apply to RASCH's liability for intentional conduct or gross negligence, for guaranteed characteristics, for injury to life, limb or health or under the Product Liability Act.

7.4 Insofar as RASCH's liability is excluded, this also applies to the personal liability of RASCH's employees and vicarious agents.

8) Retention of title

8.1 RASCH retains title to the delivered goods until the purchase price has been paid in full.

8.2 In the event of a culpable breach of important contractual obligations by the customer, in the event of default in payment, suspension of payments, application for or opening of insolvency proceedings or other financial collapse of the customer, RASCH shall be entitled, if the conditions for withdrawal from the contract are met, to take back the goods subject to retention of title at the customer's expense.

9) Applicable law 

The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws on the international sale of movable goods (UN Sales Convention - CISG). For consumers, this choice of law applies only insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.

10) Alternative dispute resolution

10.1 The EU Commission provides a platform for online dispute resolution at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for the out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer.

10.2 RASCH is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

__As of October 1, 2022

Cancellation policy

Right of cancellation

You have the right to cancel 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 named by you, who is not the carrier, took possession of the goods – in the case of multiple goods: the last goods.
To exercise your right of withdrawal, you must inform us, Tapetenfabrik Gebr. Rasch, GmbH & Co. KG, Raschplatz 1, 49565 Bramsche, email [retouren@rasch.de] of your decision to withdraw from this contract. You may use the attached sample withdrawal form for this purpose, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period expires.

Consequences of cancellation
If you withdraw from this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we receive notification of your withdrawal from this contract. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund. We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the fourteen-day period. We shall bear the direct costs of returning the goods. You shall only be liable for any loss in value of the goods if this loss in value is attributable to handling of the goods that is not necessary for testing their condition, properties, and functionality. – End of cancellation policy –

Sample cancellation form
If you wish to cancel the contract, please fill out this form and send it back to us. To Tapetenfabrik Gebr. Rasch, GmbH & Co. KG, Raschplatz 1, 49565 Bramsche, email [retouren@rasch.de]

I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following services (*):

Ordered on , received on:

________________

Name of consumer(s)