Terms and conditions

1.  General Information

1.1. Your contractual partner for all orders within the scope of this online offer is “raumlaune”, represented by Jacqueline Pehlemann, Lübbener Str. 16, 10997 Berlin, Germany, hereafter referred to as “raumlaune” or “we”.
1.2. All deliveries from “raumlaune” to the customer are carried out based on the general terms and conditions given below. These underlie all offers and agreements between “raumlaune” and the customer and are accepted for the duration of the whole business relationship.
1.3. Opposing or deviating conditions of the buyer and oral collateral agreements are only binding if we have agreed to them in writing.
1.4. The contractual language is German.

2. Conclusion of the Contract
2.1. The product display in the online store does not constitute a legally binding offer but is rather a noncommittal online catalogue showing the product line. By clicking the ‘Confirm Order’ button, customers agree to buy the goods in the cart, and this order is legally binding.
2.2. The customer receives a non-binding confirmation of the receipt of the order via e-mail immediately after the order is transmitted. This e-mail does not represent an acceptance of the offer but shall only acknowledge to the customer that his/her order was received by “raumlaune”.
2.3. The contract only materialises when “raumlaune” dispatches the product ordered to the customer and confirms the order to the customer with a separate e-mail.
2.4. The conclusion of the contract shall depend on punctual and correct supply of the goods to „raumlaune“. The Customer will be informed immediately that the service is not available. If Customer has already paid for the goods, this money will be reimbursed.

3. Delivery
3.1. Normally, delivery is made within 4-8 weeks from the date when the customer receives the binding confirmation of his/her order. Delivery dates and times are only binding if they are expressly confirmed as such by us in writing.
3.2. Delivery shall be conducted by a shipment service provider chosen by “raumlaune”.
3.3. The shipment service provider contacts the customer before the delivery and arranges a delivery date. In case the receiver is not met within the arranged delivery period or alternative delivery (e.g. neighbor), the customer shall be charged for possible additional delivery costs. In case the order cannot be delivered without fault on our side, the customer shall bear the delivery costs in total.
3.4.  Loading and Shippment are covered by insurance. Any transport damages shall be settled with the shipping service provider. This applies also to subsurface damages.
3.5. As long as the customer is in arrears with any liabilities, our obligation to supply is put on hold. If any details become known, during or after a contract has been finalised, which would cast doubt on the creditworthiness or readiness to pay of the customer, then “raumlaune” can demand a security. If the customer refuses to give this security, then “raumlaune” can withdraw from the contract.
3.6. In case of our culpable failure to comply with the term of delivery, delayment of delivery only prevails after an adequate grace period was set.
3.7.  Particulary with regard to graphical services, the term of delivery does not begin before the customer has procured all the necessary documents and has approved potential layout proposals or press proofs for printing.
3.8. When producing custom-made products, we reserve the right to present galley proofs for the purpose of checking and order clearance. Corrections are charged at cost price.
3.9.  If the customer does not accept  the full number of items he previously ordered , we are entitled to charge an additional fee for the smaller volume of the purchase.

4. Prices
4.1.Unless otherwise agreed, the deliveries are seen as ex works including packaging.
4.2. All prices are in cash and include value-added tax. Shipping, which may depend on order value and delivery loction, is charged for separately and shown separately in the invoice.

5. Payment
5.1. Payment will be carried out according to the customer´s choice of either credit card, advance payment or other payment methods. “raumlaune” reserves the right to limit the method of payment chosen by the customer depending on order value, shipment region, technical possibilities or other objective criteria.
5.2. In case of the method of payment chosen by the customer not being practicable, where “raumlaune” has met its contractual obligations, in particular if it is the case that a direct debit from the customer´s account is not possible due to a lack of funds or provision of wrong information, then the customer shall reimburse any additional costs incurred by us or a third party which carried out the transaction.
5.3. Invoices sent by “raumlaune” – as long as no agreements of a divergent nature have been set in writing – are are immediately payable, without deduction.
5.4. Should the customer be in arrears in respect to paying the designated purchase price, interest is to be paid on the sum of the purchase price at a value of three percentage points above the standard German interest rate for the period of delinquency. In the event “raumlaune” is in a position to substantiate greater damages caused by delay, we reserve the right to raise corresponding legal claims.
5.5. The customer may only hold back payments or offset claims against our own if these claims are undisputed or legally recognized.

6. Reservation of Ownership
6.1. Until all payment responsibilities have been fulfilled by the customer,  the delivered goods remain the legal property of “raumlaune”. In respect to contracts negotiated with consumers, cp. § 13 German Civil Code [Buergerliches Gesetzbuch/BGB], “raumlaune” reserves its right of property until the full remittance of the purchase price.
6.2. The customer is not authorized to tender the goods to third parties until the purchase price has been paid in full, or to take any other measures which would endanger the property of “raumlaune”. Already now, the customer has relinquished his/her future claims in deference to the acquiring party at the amount of the purchase price negotiated between “raumlaune” and the customer, including interest and any subsidiary demands to be brought against “raumlaune”. “raumlaune” accepts this relinquishment of rights.

7.  Copyrights,  Print-Designs by Customers, Release from Liability
7.1. “raumlaune” reserves the property and copyright of all fotos, drawings, designs, descriptions, plans, concepts and all other documents created by us. They shall not be disclosed to third parties without the written consent of “raumlaune”. Copying and modification is prohibited unless expressly approved by “raumlaune”. The use, linking and utilization for private purposes is expressly forbidden unless prior permission has been attained in writing from “ramlaune”.
7.2. If the Customer provides his/her own print design or otherwise influences the product (personalisation of text), the Customer assures “raumlaune” that the text and print design are not subject to any rights held by third parties. In such case the cost of any breaches of copyright, personal rights or rights to the use of a name will be borne solely by the Customer. The Customer also assures “raumlaune” that by personalising the product he is also not breaching any other rights held by third parties.
7.3. The customer releases “raumlaune” from all demands and claims which are made due to the infringement of such third-party rights, as far as the customer is responsible for the breach of duty. The customer shall reimburse “raumlaune” for all defense costs and other damages resulting from any such action.

8. Force Majeure
Neither party shall be liable for any failure or delay in performance under this Agreement  to the extent said failures or delays are proximately caused  by causes beyond that party's reasonable control and occurring without its fault or negligence, including failure of suppliers, subcontractors and carriers. Dates by which performance obligations are scheduled to be met will be extended for a period of time equal to the time lost due to any delay so caused. In case that these delays exceed the period of six weeks, both parties shall be entitled to withdraw from the contract with regard to the scope of services rendered. No further claims shall derive therefrom.

9. Warranties
9.1. Information, drawings, figures, technical data, specifications of weight, measurements and services, which are contained in the website-offer, as well as in brochures, catalogues, newsletters, ads or price lists only are of an informational nature. No responsibility is accepted by „raumlaune“ for the correctness of this information. Regarding type and scope of delivery only the information shall be decisive which is contained in the order confirmation.
9.2.  Color deviations caused by the natural texture of the material and material-dependent tolerances of weight, thickness, format, cut, etc. remain reserved.
9.3. “raumlaune” offers a warranty of two years from the date of invoice on all goods provided. If the customer is in business then the term of limitation is one year.
9.4. We will ensure that your warranty claims are fulfilled in the case of material and processing errors and/or defects. The warranty only covers the products and not consequential damages, loss, deliberate damage or improper treatment.
9.5. The buyer shall examine the delivered goods for defects in quality or functionality as soon as feasible in the usual course of business, at the latest however before processing; otherwise, the product is regarded as approved.
9.6. The customer is obliged to report obvious damage or defects in writing within a period of seven days from receipt of the delivered goods. On failure to report the damage, the customer cedes his right our of all warranty claims.
9.7. In the case of defective goods, “raumlaune” will decide whether to repair the goods, offer a reduction in purchase price or provide a suitable replacement or extension. Rejected goods shall not be sent back to us without our specific written consent.

10. Limitation of Liability
As far as permitted by law, our duty to compensate for damages, for a legal reason whatsoever, is limited to the invoice value of the quantity of goods directly involved in the event causing the damage. This does not apply as far as we are held liable without any restriction pursuant to mandatory and statutory law for intent or gross negligence.

11. Right of cancellation
11.1. If you are a consumer within the meaning of § 13 of the German Civil Code [Bürgerliches Gestzbuch, BGB], you may withdraw your contractual statement within two weeks in writing (e.g. by letter or e-mail) without stating a reason. We will immediately arrange for a replacement to be delivered or the return of the goods against a credit note.
11.2. The time limit begins after the receipt of these instructions in writing, but not before the goods are delivered to the recipient. In order to meet the time limit for the cancellation it is sufficient to send off the notice of cancellation or the goods in good time.
11.3. The notice of cancellation and the return of the goods should be addressed to:

Jacqueline Pehlemann
Lübbener Str. 16
10997 Berlin
Deutschland

E-Mail: info <at> raumlaune.de

11.4. The right of return does not apply to goods that “raumlaune” has manufactured on the basis of the Customer’s specifications or which are clearly tailored to the personal needs of the Customer. In particular this applies to products that are custom-made with regard to measures, material and colors and products which are printed with designs (texts or images) at the request of the Customer. The Customer knows that by ordering such products he/she is giving precise instructions for the goods to be manufactured.

12. Consequences of cancellation
12.1. In the event of an effective cancellation, each party shall return to the respective other party the benefits received and issue any benefits involved (e.g. interest). Items must be returned to us in their original packaging, unused and without signs of use. For this reason, please keep all packaging until you have made your final decision regarding your purchase. In the case of any deterioration in the quality of the article due to use or damage, “raumlaune” reserves the right to deny any compensation request for the replacement value. This does not apply to the relinquishment of items if the impairment of the item can only be ascribed to your inspection of it – for example, as might have been possible for you in a retail outlet.
12.2. If the whole contract is cancelled, “raumlaune” will bear the costs of dispatching the goods to the consumer (costs of sending). The items which are returned will be sent back to us at our risk. You must cover the cost of the return if the goods as supplied are in accordance with what was ordered and if the price of the item to be returned does not exceed 40 euros or, if the price of the item is higher, if at the time of cancellation you have not yet paid for it in full or made a contractually agreed part payment. In any other case the return of the goods is free of charge to you. Items which cannot be sent by parcel post will be collected from you. Obligations to make payments must be fulfilled within 30 days. The time limit begins for you at the point at which you send off your notice of cancellation or the item; for us it begins at the point at which we receive it.

End of the cancellation instructions

13. Improvements and changes
”raumlaune” reserves the right to make changes to products, even without prior notice, if, from our point of view, the change serves to improve the quality of the product. Prices remain valid until further notice. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. They shall not entitle the customer to revoke the contract.

14. Technical and Design Deviations
When fulfilling the contract, we expressly reserve the right to deviate from the descriptions and information in our brochures, catalogues and other written and electronical documents with respect to material, color, weight, measurements, design or other features, as far as these can be considered reasonable for the customer. Reasonable cause for change may result from fluctuations customary in trade and technical production processes.

15. Manuals
Assembly instructions represent the provision of a service, but do not constitute in any way a compliancy agreement or fulfillment of a claim. If there are any mistakes or omissions arising in the assembly instructions provided, “raumlaune” is only obliged to supply a complete and correct set of assembly instructions to make up the short shipment. This applies only if incorrect assembly instructions have prevented the successful assembly of the goods in question.

16. Data Protection
“raumlaune” uses personal data of the customer for appropriate purposes and according to statutory regulations. The personal data given (i.e. name, e-mail address, mailing address, bank details) for ordering products are used by “raumlaune” for fulfillment and handling of the contract. This data is treated confidentially by “raumlaune” and is not given to any third parties who are not part of the ordering, delivery and payment procedures. The customer shall be entitled to access information on the personal data which “raumlaune” has saved about them free of charge. Moreover, they are entitled to the correction of incorrect data, and the blocking and deletion of their personal data, insofar as there is no legal obligation to retain such data.

17. Place of Jurisdiction, Place of Fulfillment,  Choice of Law
17.1. Place of jurisdiction and place of fulfillment for all services is Berlin, Germany.
17.2. According to these general terms and conditions the agreement is exclusively subject to the law of the Federal Republic of Germany. Recourse to the UN Convention on Contracts for the International Sale of Goods is excluded. As far as the client is a consumer according to § 13 of the German Civil Code and is generally not resident in Germany, the mandatory regulations of this country remain unaffected.

18. Final Clause
If individual provisions of these general terms and conditions are ineffective or oppose the statutory regulations, the rest of the agreement remains unaffected.