I. General Terms and Conditions of Business
§ 1 Basic provisions
(1) The following terms and conditions apply to contracts that you conclude with us as the provider (Walkolution GmbH) via the Internet site https://walkolution.com/. Unless otherwise agreed, the inclusion of any terms and conditions of your own that you may use is contradicted.
(2) Consumer in the sense of the following regulations is every natural person who concludes a legal transaction for purposes which can predominantly be attributed neither to his commercial nor his independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) Subject of the contract is the sale of goods .
(2) Already with the placement of the respective product on our website, we submit a binding offer to conclude a contract under the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". You can access the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time.
After calling up the "Checkout" page and entering your personal data as well as the payment and shipping conditions, all order data is finally displayed again on the order overview page.
If you are using an instant payment system (e.g. PayPal / PayPal Express, Amazon-Payments, Sofort), you will either be taken to the order overview page in our online store or you will first be redirected to the website of the provider of the instant payment system.
If you are redirected to the respective Sofortzahl system, please make the appropriate selection or enter your data there. Finally, you will be redirected back to the order overview page in our online store.
Before submitting your order, you have the opportunity to check all details again, to change them (also using the "back" function of your internet browser) or to cancel the purchase.
By submitting the order via the "buy" button, you declare the acceptance of the offer in a legally binding manner, whereby the contract is concluded.
(4) Your requests for quotations are not binding for you. We will submit a binding offer in text form (e.g. by e-mail), which you can accept within 5 days.
(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have stored with us is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.
§ 3 Special agreements on offered payment methods
(1) Installment purchase via easyCredit
When buying in installments via easyCredit, the General Terms and Conditions for buying in installments from easyCredit also apply. You can find the general terms and conditions here.
(2) Purchase on account via paymorrow
With payment on invoice (purchase on account via paymorrow) the ordered goods will be shipped or delivered to you together with the invoice. The purchase price is due for payment within 21 (twenty-one) calendar days after the invoice date.
(3) Payment by "secupay credit card", "secupay direct debit" or "secupay invoice purchase".
For the payment methods "secupay credit card", "secupay direct debit" or "secupay invoice purchase" we assign our claim for payment directed against you in full and irrevocably to secupay AG, Goethestr. 6, 01896 Pulsnitz. Before accepting the assignment, secupay AG will carry out a credit check using the data transmitted in the context of the order.
We reserve the right to refuse you the chosen method of payment as a result of the credit check. You will be informed of this before sending your order.
If the payment method "secupay credit card" or "secupay direct debit" is permitted, secupay AG accepts the assignment and subsequently collects the payment via your credit card or by direct debit from your account. Your bank or credit card account will be debited when the order is completed.
If the payment method "secupay invoice purchase" is permitted, secupay AG accepts the assignment and the ordered goods are sent or delivered to you together with the invoice. The purchase price is due within 10 (ten) calendar days after delivery of the goods for payment to secupay AG, Goethestraße 6, 01896 Pulsnitz.
(4) Ratepay invoice, ratepay direct debit, ratepay instalment payment
In order to offer you attractive payment methods, we work together with RatePAY GmbH, Franklinstraße 28-29, 10587 Berlin (hereinafter "RatePAY"). If an effective sales contract is concluded between you and us when using a RatePAY payment method, we shall assign our payment claim to RatePAY. When using the RatePAY payment method installment payment, we assign our payment claim to the partner bank of RatePAY GmbH. If you choose one of the RatePAY payment methods offered here, you agree to the transfer of your personal data and that of the order to RatePAY GmbH for the purpose of identity and credit checks and for contract processing. You will find all details in the additional General Terms and Conditions and the data protection notice for RatePAY payment methods, which are part of these General Terms and Conditions and which are always used whenever you choose a RatePAY payment method.
(5) Purchase by direct debit via Novalnet
When purchasing by direct debit via Novalnet AG, offered in Germany and Austria, the payment amount is immediately due for payment by direct debit from the current account indicated in the order process at the bank indicated there (the current account). You hereby revocably authorize Novalnet AG to collect the payments to be made by you through the purchase by direct debit from the current account by direct debit. If the current account does not have the necessary coverage, there is no obligation on the part of the account-holding bank to redeem. Partial redemptions are not made by direct debit.
By specifying the current account, you confirm that you are authorized to make direct debits from the corresponding current account. Returned direct debits are associated with a high effort and costs for us and Novalnet AG. In the case of a return debit note (due to lack of required coverage of the current account, due to expiration of the current account or objection of the account holder or due to incorrectly transmitted account data) you are obliged to pay a processing fee of EUR 7.50 per return debit note. You will be given the opportunity to prove that the return debit note incurred lower costs or no costs at all. Further claims are reserved. In view of the effort and costs involved in return debits and in order to avoid the processing fee, you are asked not to object to the debit note in the event of a revocation or withdrawal from the purchase contract, a return or a complaint. In such a case, after consultation with us, the reversal of the payment will be effected by retransfer of the corresponding amount or by credit note.
(6) Purchase on account via Novalnet
In case of purchase on account, the invoice amount is due for payment to our external partner, Novalnet AG, at the latest on the calendar day stated in the invoice.
In this case you can only make payment to Novalnet AG with debt-discharging effect.
We also remain responsible for general customer inquiries, e.g. regarding the goods, delivery time, dispatch, returns, complaints, declarations of revocation or credit notes, even when purchasing on account via Novalnet AG. This method of payment is only available to customers from Germany. Novalnet AG checks and evaluates your information and, if there is a justified reason, maintains a data exchange with other companies and credit agencies (credit assessment). If the creditworthiness is not guaranteed, Novalnet AG can refuse to accept the purchase on account and will point out alternative payment options.
(7) Barzahlen.de via novalnet
If cash payment has been agreed, payment is due immediately after conclusion of the contract. After completion of the order you will receive a payment form which you can print out, have scanned at one of the cash payment partner branches at the cash desk and pay the amount in cash. Alternatively, you can have a payment code sent to your cell phone via SMS, name the cashier's payment code at the cash payment partner branch and pay the amount in cash there. The CashPay partner branch office will send you a payment confirmation in real time, whereupon the shipping process will start immediately.
(8) SEPA direct debit (basic and/or corporate direct debit)
When paying by SEPA basic direct debit or SEPA company direct debit, you authorize us to collect the invoice amount from the specified account by issuing a corresponding SEPA mandate.
The direct debit will be collected within 7 days after conclusion of the contract.
The period for sending the pre-notification is reduced to 5 days before the due date. You are obliged to ensure that the account has sufficient funds on the due date. In case of a return debit note due to your fault, you have to pay the bank charges incurred.
§ 4 Right of retention, retention of title
(1) You may only exercise a right of retention if it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
(3) If you are an entrepreneur, the following applies in addition:
a) We reserve title to the goods until all claims arising from the current business relationship have been settled in full. Before transfer of ownership of the goods subject to retention of title, pledging or transfer of ownership by way of security is not permitted.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount that accrue to you from the resale; we accept the assignment. You are further authorized to collect the claim. If you do not properly meet your payment obligations, however, we reserve the right to collect the claim ourselves.
c) If the goods subject to retention of title are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the goods subject to retention of title to the other processed items at the time of processing.
d) We undertake to release the securities to which we are entitled at your request insofar as the realisable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is at our discretion.
§ 5 Warranty
(1) The statutory rights of liability for defects shall apply.
(2) In the case of used goods, claims for defects are excluded if the defect only becomes apparent after one year from delivery of the goods. If the defect becomes apparent within one year of delivery of the item, the claims for defects may be asserted within the statutory limitation period of two years from delivery of the item. The above limitation does not apply:
- for culpably caused damages attributable to us from injury to life, body or health and in the case of other damages caused intentionally or by gross negligence;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item.
(3) As a consumer, you are requested to check the item immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you fail to do so, this will not affect your statutory warranty claims.
(4) If you are an entrepreneur, the above warranty regulations shall apply in deviation from the above:
a) Only our own information and the manufacturer's product description shall be deemed agreed as the quality of the item, but not other advertising, public promotions and statements by the manufacturer.
b) In the event of defects, we shall, at our discretion, provide warranty either by repair or by subsequent delivery. If the rectification of defects fails, you may at your discretion demand a reduction in price or withdraw from the contract. The removal of the defect is considered to have failed after a second unsuccessful attempt, unless something else results from the type of item or defect or other circumstances. In the event of rectification of defects, we do not have to bear the increased costs incurred by the transfer of the goods to a place other than the place of performance if the transfer does not correspond to the intended use of the goods.
c) The warranty period is one year from delivery of the goods. The shortening of the period shall not apply:
- for culpably caused damages attributable to us from injury to life, body or health and in the case of other damages caused intentionally or by gross negligence;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
- in the case of items that have been used for a building in accordance with their usual purpose and have caused its defectiveness;
- in the case of statutory rights of recourse which you have against us in connection with rights in respect of defects.
§ 6 Choice of law, place of performance, place of jurisdiction
(1) German law applies. In the case of consumers, this choice of law shall only apply to the extent that the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not thereby withdrawn (principle of favourability).
(2) The place of performance for all services arising from the business relations existing with us as well as the place of jurisdiction shall be our registered office if you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same shall apply if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or usual abode is unknown at the time the action is filed. The authority to also call upon the court at another legal place of jurisdiction remains unaffected by this.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods are expressly not applicable.
II. customer information
1. identity of the seller
Alternative dispute resolution:
The European Commission provides a platform for the extrajudicial online settlement of disputes (OS platform), available at https://ec.europa.eu/odr.
2. information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the possibilities of correction are carried out in accordance with the regulations "Conclusion of the contract" of our General Terms and Conditions (Part I.).
3. contract language, contract text storage
3.1 Contract language is German .
3.2 The complete contract text will not be stored by us. Before sending the order via the online shopping cart system, the contract data can be printed or electronically saved using the print function of the browser. After receipt of the order by us, the order data, the information required by law for distance selling contracts and the General Terms and Conditions will be sent to you again by e-mail.
3.3 In the case of requests for quotations outside the online shopping cart system, you will receive all contract data in text form, e.g. by e-mail, which you can print out or save electronically.
4. codes of conduct
4.1. We submitted ourselves to the code of honour of the Trusted Shops GmbH, observably under: http://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf.
5. substantial characteristics of the commodity or service
The essential characteristics of the goods and/or services are to be found in the respective offer.
6. prices and terms of payment
6.1 The prices quoted in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
6.2 The shipping costs incurred are not included in the purchase price. They can be called up via a correspondingly marked button on our website or in the respective offer, are shown separately during the ordering process and are to be borne by you in addition, unless free delivery has been promised.
6.3 If the delivery is made to countries outside the European Union, further costs may be incurred for which we are not responsible, such as customs duties, taxes or money transfer fees (bank transfer or exchange rate fees of credit institutions), which are to be borne by you.
6.4 Any costs incurred by the money transfer (transfer or exchange rate fees of the credit institutions) are to be borne by you in cases where the delivery is made to an EU member state, but the payment was arranged outside the European Union.
6.5 The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.
6.6 Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
7. terms of delivery
7.1 The terms and conditions of delivery, the delivery date as well as any existing delivery restrictions can be found under an appropriately designated button on our website or in the respective offer.
7.2 If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold goods during shipment is only transferred to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.
If you are an entrepreneur, the delivery and dispatch is at your risk.
8. legal liability for defects
Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).
These General Terms and Conditions and customer information have been prepared by the lawyers of the dealer association specializing in IT law and are permanently checked for legal conformity. The Händlerbund Management AG guarantees the legal security of the texts and is liable in case of warnings. You can find further information on this subject at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.
last update: 23.10.2019