1 Internet platform
WELSHPOSTERS.COM operates the online shop WELSHPOSTERS.COM on the internet. You do not need to be a member to visit the WELSHPOSTERS.COM website (“user”). You will receive personal information about impending sales campaigns via WELSHPOSTERS.COM’s e-mail service, provided that you have agreed to receive these e-mails. The prices shown on the website are final. Shipping costs will be shown separately in a manner comprehensible to you.
2 Validity of the general terms and conditions
2.1 By declaring your agreement at the time of registration, you also declare your agreement with the application of these General Terms and Conditions (hereinafter referred to as “GTCs”). These GTCs define the conditions under which you may use the services provided by WELSHPOSTERS.COM. 2.2 You can download, save and print these GTCs at any time via the “GTC” link on the WELSHPOSTERS.COM website. 2.3 The general terms and conditions of users, members and partners will not apply to any direct business with WELSHPOSTERS.COM, even if not explicitly refuted by WELSHPOSTERS.COM and/or if WELSHPOSTERS.COM provides services without objection. This also applies if the user, member or partner has prescribed a special format for filing objections. Deviating terms and conditions will not apply unless this has been explicitly confirmed in writing in advance by WELSHPOSTERS.COM.
3 Contact Us
If you wish to discuss these terms, please contact us using the contact details on our contact page.
4 Conclusion of contract and reservation of title
The description of products and presentation of goods on the WELSHPOSTERS.COM website in the course of sales campaigns does not constitute a legally binding offer, but merely an invitation to private customers to order goods or services. There is no legal claim to the availability and deliverability of the products advertised. Sales campaigns are only directed at consumers i.e. any natural person concluding a legal transaction for a purpose that cannot be ascribed either to their commercial or independent professional activities. Only the normal volume required by a household may be ordered. WELSHPOSTERS.COM reserves the right in due course to make orders under sales campaigns subject to fulfillment of certain individual conditions. To order a product advertised by WELSHPOSTERS.COM, you must take the following steps: Place an article in the basket. Enter the delivery and payment information. Actively agree to the General Terms and Conditions and the Cancellation Policy. Send your order by pressing the “Place Order” button. By forwarding your online order, you are making WELSHPOSTERS.COM an offer to conclude a legally binding contract. By clicking on the “Place Order” button, you are placing a binding order for the goods in the basket, confirming that you are authorised to place such an order, i.e. minors must have the permission of their legal representatives. Immediately on receipt of your order, you will receive an automated e-mail in which the receipt of your offer will be confirmed, thus concluding the contract. All goods remain the property of WELSHPOSTERS.COM until full payment of the purchase price has been received and all claims resulting from the sale have been settled. You will not be entitled to dispose of the goods before transfer of ownership. If third parties should institute claims for the goods, you are obliged to inform WELSHPOSTERS.COM immediately. If, before concluding the contract, WELSHPOSTERS.COM finds that the ordered product is not available, we will immediately inform you about this and reimburse any payments already received. If, after concluding a contract, WELSHPOSTERS.COM should find that the product ordered is not available as a result of late or incorrect delivery (including delivery shortfalls) by our suppliers (where WELSHPOSTERS.COM is not responsible), unexpectedly and despite the fact that we have concluded a contract for delivery of the goods in question with the supplier, we reserve the right to withdraw from the contract. In this case WELSHPOSTERS.COM will immediately inform you about the non-availability of the product you have ordered and immediately reimburse any payments already received from you. WELSHPOSTERS.COM is entitled to reject any offers made by you without citing reasons. WELSHPOSTERS.COM particularly reserves the right to reject an offer where: the delivery address is outside Germany or Austria; there are indications that the person ordering the goods is not a consumer; an order exceeds the normal volume required by a household; the payment is not received, even after a reminder has been sent and a payment period stipulated.
5 Use of the WELSHPOSTERS.COM
5.1 WELSHPOSTERS.COM offers the services solely within the framework of the acknowledged state of technology. WELSHPOSTERS.COM may restrict the services where this is required owing to capacity limits, the security or integrity of the server or to carry out technical activities to provide for or to improve existing services (maintenance work). For technical reasons in particular, it may sometimes not be possible to make full use of the services (unforeseen system failures). 5.2 It is prohibited to use the services in a manner that violates statutory obligations, the rights of third parties or public morals. It is furthermore prohibited to make use of the services in a manner that constitutes abuse or that may adversely affect the reputation of WELSHPOSTERS.COM. In particular, it is prohibited to use the services for the following purposes: to carry out and/or promote anti-competitive activities, including progressive customer recruitment (such as chain, pyramid or snowball schemes); to make use of content that is deemed pornographic or that violates youth protection laws or to advertise, offer and/or sell pornographic products or products that violate youth protection laws; to abuse our services by, for example, making use of malware such as “robot-reader”, “spider-reader” or “offline-reader”; to upload content subject to copyright to our service, unless the user has the right to the use of such content or has obtained the required permission; to use WELSHPOSTERS.COM in a manner that adversely affects the availability of our services to other users; to disseminate offensive, racist or otherwise illegal content or information via our services, including slanderous or libelous content, irrespective of whether this content concerns other users, employees of the company or other persons or companies; to use photos with a defamatory, offensive, racist or otherwise illegal or immoral content; to send out chain letters; to intercept or attempt to intercept messages; to advertise for shopping clubs; to send out messages for any commercial purpose; to make use of our services to threaten or unduly harass other people (especially by sending them spam mail) or to violate the rights of third parties (including their personal rights); to make use of the temporary e-mail addresses of so-called 10-minute mail services; and/or to publish the names, addresses, telephone or fax numbers, e-mail addresses, user names and/or other contact data of messenger services. 5.3 WELSHPOSTERS.COM has checked and uploaded its own content on the WELSHPOSTERS.COM website to the best of its knowledge and belief. WELSHPOSTERS.COM does not generally verify the content published by third parties on the WELSHPOSTERS.COM website. Nor does WELSHPOSTERS.COM generally verify other websites that can be reached by clicking on the WELSHPOSTERS.COM website, thus no responsibility can be taken for the form, accuracy, appropriateness or quality of such content. WELSHPOSTERS.COM will remove or suppress any content uploaded by third parties or refuse to provide links if WELSHPOSTERS.COM should find that there is any indication that the content uploaded or other websites might infringe the law or violate these GTCs.
6 Conditions governing competitions, lotteries or campaigns
6.1 The following conditions apply to any competitions, lotteries or other campaigns (hereinafter referred to as “promotions”) organised by WELSHPOSTERS.COM: The winners or beneficiaries are selected from all persons who have participated in the campaign and have fulfilled the requirements stipulated by WELSHPOSTERS.COM. The winners or beneficiaries are informed by WELSHPOSTERS.COM via the e-mail address they stipulated at the time of registration. If the e-mail contains the stipulation that the winner or beneficiary is obliged to contact WELSHPOSTERS.COM within a specific period to accept the prize, entitlement to the prize will expire once this period has passed if the winner has failed to make such contact. The prizes or benefits awarded as part of a promotion cannot be exchanged or paid out in cash. The participants in a promotion agree that, in the event of winning, their names will be mentioned on the WELSHPOSTERS.COM website and in other WELSHPOSTERS.COM services as well as in press releases. WELSHPOSTERS.COM may exclude participants from a promotion if they have manipulated the competition or promotion mechanisms by using unfair means or in violation of these GTCs. At its own discretion, WELSHPOSTERS.COM may punish such manipulations by excluding the perpetrators from membership with WELSHPOSTERS.COM. WELSHPOSTERS.COM reserves the right to cancel promotions or to extend them beyond the original period.
6.2 The following conditions apply to social media competitions (hereinafter referred to as “giveaways”) organised by WELSHPOSTERS.COM on Facebook and/or Instagram:
Giveaways are organised by WELSHPOSTERS.COM.
Each giveaway ends at the specified time.
WELSHPOSTERS.COM has the right to suspend giveaways temporarily or permanently without reason.
Unless otherwise specified in the respective giveaway, participants must be a resident of one of the countries we ship to in order to be eligible to enter.
To be eligible to enter, participants must be at least 18 years old.
Each participant may only take part in a respective giveaway once. This also applies if the participant has multiple Instagram or Facebook accounts.
WELSHPOSTERS.COM employees are excluded from participation.
Participation is subject to the respective basic conditions outlined in the post.
Entries or comments that are offensive, abusive, misleading, unethical, discriminatory, or defamatory are not permitted and will not be considered.
Attempts to manipulate the result through technological means will result in disqualification.
The winners will be selected at random by a WELSHPOSTERS.COM employee.
The winners will be notified in the comments or via a private message on Facebook or Instagram.
All changes to giveaways will be announced with sufficient notice on the respective social media page.
The prize will be forfeited and awarded to another entrant if the winner does not respond within seven days or does not meet the above terms and conditions.
6.2.4 Data protection
Any personal details (name, date of birth, postal or email addresses) captured via giveaways will only be used, compiled and processed by WELSHPOSTERS.COM for the purpose of carrying out giveaways.
Your data will be treated with absolute confidentiality and will not be passed on to third parties.
6.2.5 Legal basis
No legal recourse is possible.
Giveaways have no connection with and are in no way sponsored, supported, or organised by Instagram or Facebook.
7 Inviting friends, product and sales campaign recommendations
7.1 Members can invite other friends to join WELSHPOSTERS.COM on the WELSHPOSTERS.COM website. Members also have the option of recommending sales campaigns or individual products to third parties by e-mail. 7.2 Members undertake to forward newsletters, sales campaigns and product recommendations only to the e-mail addresses of existing, living natural persons who have previously expressed an interest in this regard and who have explicitly consented to receive the corresponding e-mail. In the event of a dispute, a corresponding written statement in this regard will be required.
8 Promotional coupons
The following conditions apply to WELSHPOSTERS.COM promotional coupons (and mutatis mutandis WELSHPOSTERS.COM credit balances): WELSHPOSTERS.COM coupons for goods can be redeemed for all products uploaded on the WELSHPOSTERS.COM website unless the redemption of WELSHPOSTERS.COM coupons has been excluded on the campaign overview or product overview page or unless the campaign involves ordering via the website of a third party; such is expressly indicated in either instance. The purchase price of the products ordered must at least equal the value of the coupon, unless otherwise indicated at the time the coupon is issued. WELSHPOSTERS.COM coupons for freight costs can be redeemed against the freight costs incurred when ordering products on the WELSHPOSTERS.COM website, unless the redemption of WELSHPOSTERS.COM coupons has been excluded on the campaign overview or product overview page or unless the campaign involves ordering via the website of a third party. Promotional coupons are provided in the form of codes made available to you personally. Usually, codes expire once they have been used. The period of validity and/or minimum order value or other conditions are determined by WELSHPOSTERS.COM and announced as part of the corresponding promotion. In this case, the minimum order value refers to the purchase price, including value-added tax. Freight costs are not taken into account. Only one WELSHPOSTERS.COM coupon can be used per order and several WELSHPOSTERS.COM coupons may not be combined. If you cancel the purchase of an item for which you have used a WELSHPOSTERS.COM coupon, the coupon amount will not be reimbursed and the coupon cannot be used again. This does not apply if you have obtained the WELSHPOSTERS.COM coupon directly from WELSHPOSTERS.COM against payment. You cannot acquire a WELSHPOSTERS.COM coupon using a WELSHPOSTERS.COM coupon that you have not directly obtained against a monetary payment. WELSHPOSTERS.COM coupons cannot be paid out in cash or attract interest. WELSHPOSTERS.COM coupons are personally issued to a member and cannot be transferred to third parties. Where WELSHPOSTERS.COM becomes aware of the transfer of a coupon, WELSHPOSTERS.COM reserves the right to declare the corresponding coupon invalid. Where WELSHPOSTERS.COM has indicated that the coupon is valid only for new customers, such a coupon will only be issued when a person registers as a member of WELSHPOSTERS.COM for the first time. With the exception of a loss of a coupon for which WELSHPOSTERS.COM is responsible, WELSHPOSTERS.COM does not accept liability for the loss or theft of any coupon. Replacement coupons are only issued when WELSHPOSTERS.COM is liable for the loss of the coupon. The shop regulations may contain further conditions or restrictions for the redemption of promotion coupons; alternatively such conditions or restrictions may be indicated when issuing the coupon.
9 Warranty and liability
9.1 The warranty is governed in principle by the laws of the Federal Republic of Germany. In the event of a defect in goods you therefore have the legal right to have it remedied (delivery of non-defective goods), to cancel the contract or to receive a price reduction. 9.2 WELSHPOSTERS.COM’s liability in damages towards consumers is limited. Notwithstanding the nature of the loss or damage, liability in damages is excluded unless provided to the contrary below. WELSHPOSTERS.COM only has statutory liability where you assert claims in damages that are based on intent or gross negligence, including intent or gross negligence on the part of our representatives or agents. WELSHPOSTERS.COM only has statutory liability where WELSHPOSTERS.COM is in culpable breach of a significant contractual obligation. A significant contractual obligation for this purpose is one the fulfilment of which is essential to the due performance of the contract and on compliance with which you are generally entitled to rely. WELSHPOSTERS.COM also only has statutory liability in the case of culpable death, personal injury or damage to health; this also applies to mandatory liability under the Product Liability Act. 9.3 The same limits on liability in damages towards consumers apply to companies that directly or indirectly participate in sales campaigns contrary to 4, with the further proviso that liability in damages is limited to foreseeable loss or damage typical of the contract except in the case of liability for wilful acts or for death, personal injury or damage to health. 9.4 The aforementioned liability exclusions and limitations with regard to companies or consumers do not apply where WELSHPOSTERS.COM has given explicit guarantees.
The user indemnifies WELSHPOSTERS.COM against all claims by third parties instituted against WELSHPOSTERS.COM for violating their rights or these GTCs, the shop regulations or laws governing the use of WELSHPOSTERS.COM. The user agrees to bear the costs of the necessary legal defense, including any court costs and solicitor’s fees, as incurred. This does not apply if the user cannot be held responsible for the violation of the rights of third parties or for any violations of these GTCs, the shop regulations or any laws. The user is obliged to provide WELSHPOSTERS.COM with all information that may be required to verify the claims and to defend the case – immediately, truthfully and completely – in the event that a third party should institute legal proceedings. Any delays in the provision of information will be at the expense of the user.
11 Copyright and rights of use
The content provided by WELSHPOSTERS.COM is protected by the laws governing databases, copyright and trademarks. Such content may be neither copied nor disseminated nor used or copied in any manner whatsoever, without the prior agreement of the corresponding proprietors. This applies in particular to any copies made with the aid of robots, crawlers or other automatic mechanisms. Any use or modification of the services for purposes for which they were not intended is prohibited. In particular, copying or uploading of content, offers, directories, databases, etc. for commercial purposes is prohibited and will be subject to criminal and civil legal proceedings within the scope of existing legal options.
12 Concluding conditions
12.1 If individual clauses of these GTCs should be entirely or partially invalid or contain a loophole, this will not affect the validity of the other clauses or parts of clauses. In this event the parties undertake to enter into negotiations, with the aim of replacing the invalid clauses or loopholes with clauses that most closely approximate to the original intention of the parties, while maintaining the interests of both parties.