I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts that you conclude with us as a provider (Walkolution GmbH) via the websites walkolution.com or walkolution.de. Unless otherwise agreed, the inclusion of any terms and conditions that you may use is hereby objected to.
(2) A consumer in the sense of the following provisions is any natural person who concludes a legal transaction for purposes that predominantly can neither be attributed to their commercial nor their independent professional activities. An entrepreneur is any natural or legal person or a partnership with legal capacity who acts in the exercise of their independent professional or commercial activity when concluding a legal transaction.
§ 2 Formation of the Contract
(1) The subject of the contract is the sale of goods.
(2) As soon as the respective product is listed 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 call up 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 then displayed again on the order summary page.
If you use an immediate payment system (e.g., PayPal / PayPal Express, Amazon Payments, Sofort), you will either be forwarded to the order summary page in our online shop or first to the provider's website of the immediate payment system.
If you are forwarded to the respective immediate payment system, please make the appropriate selection or enter your data there. Afterwards, you will be redirected back to the order summary page in our online shop.
Before sending the order, you have the option to review all details again, to change them (also via the "back" function of your internet browser) or to cancel the purchase.
By submitting the order via the "Buy" button, you legally declare the acceptance of the offer, which results in the contract.
(4) Your inquiries for the preparation of an offer are non-binding for you. We will provide you with a binding offer in text form (e.g., by email).
(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by email. You must therefore ensure that the email address you have deposited with us is accurate, that the receipt of emails is technically ensured and, in particular, not prevented by SPAM filters.
§ 3 Right of Retention, Reservation of Ownership
(1) You can only exercise a right of retention insofar as 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 retain ownership of the goods until full settlement of all claims arising from the ongoing business relationship. Pledging or security transfer before transfer of ownership of the reserved goods 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 that accrue to you from the resale; we accept the assignment. You are also authorized to collect the claim. However, if you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.
c) In the case of combination and mixing of the reserved goods, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing.
d) We commit to release the securities we are entitled to upon your request to the extent that the realizable 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.
§ 4 Warranty
(1) The statutory warranty rights apply. In addition, Walkolution offers an unlimited warranty on products produced by Walkolution. The statutory limitation period does not apply to:
- damages attributable to us caused by culpable breach of life, body or health and for other damages caused intentionally or by gross negligence;
- as far as we have fraudulently concealed the defect or have assumed a guarantee for the condition of the item.
(2) As a consumer and entrepreneur, you are asked to check the goods immediately upon delivery for completeness, obvious defects, and transport damage and to notify us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty claims.
(3) In the case of defects, we provide warranty by repair or replacement at our discretion. If the repair fails, you can request a reduction in payment or withdraw from the contract. The elimination of defects is considered to have failed after the second unsuccessful attempt, unless the nature of the item or defect or other circumstances indicate otherwise
. In the case of repair, we do not have to bear the increased costs incurred by transporting the goods to a place other than the place of performance, provided that the transport does not correspond to the intended use of the goods.
(4) The warranty period is unlimited from the time of delivery of the goods.
§ 5 Choice of Law, Place of Fulfillment, Jurisdiction
(1) German law applies. For consumers, this choice of law only applies insofar as the protection provided by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn (principle of favorability).
(2) The place of fulfillment for all services from the business relationships with us as well as the jurisdiction is our place of business, if you are not a consumer but a merchant, a legal entity of public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU, or if your place of residence or habitual abode is not known at the time the lawsuit is filed. The authority to also call the court at another legal jurisdiction remains unaffected.
(3) The provisions of the United Nations Convention on Contracts for the International Sale of Goods expressly do not apply.
II. Customer Information
1. Identity of the Seller
Phone: +49 8024 6084 595
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at https://ec.europa.eu/odr.
2. Information on the Conclusion of the Contract
The technical steps to conclude the contract, the conclusion of the contract itself, and the correction options are based on the regulations "Conclusion of the Contract" in our General Terms and Conditions (Part I).
3. Contract Language, Storage of the Contract Text
3.1 The language available for concluding the contract is German.
3.2 We do not store the full text of the contract. Before sending the order via the online shopping cart system, the contract data can be printed out or electronically saved using the browser's print function. After we have received the order, the order data, the legally required information for distance contracts, and the general terms and conditions are sent to you again by email.
3.3 For quotation requests outside the online shopping cart system, you will receive all contract data in text form, e.g., by email, which you can print out or save electronically.
4. Codes of Conduct
4.1 We have subjected ourselves to the codes of conduct of Trusted Shops GmbH, which can be viewed at: http://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf.
5. Main Features of the Product or Service
The main features of the goods and/or services can be found in the respective offer.
6. Prices and Payment Conditions
6.1 The prices listed 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 incurred shipping costs are not included in the purchase price; they are listed separately during the order process and are to be borne by you unless free shipping has been promised.
6.3 In case of delivery to countries outside the European Union, additional costs may arise for which we are not responsible, such as customs duties, taxes, or money transfer fees (transfer or exchange rate fees of the banks), which are to be borne by you.
6.4 Costs incurred from money transfers (transfer or exchange rate fees of the banks) are to be borne by you if the delivery is made to an EU member state but the payment is arranged outside the European Union.
6.5 The payment methods available to you are displayed under a correspondingly designated button on our website or in the respective offer.
6.6 Unless otherwise specified for the individual payment methods, the payment claims arising from the concluded contract are immediately due for payment.
7. Delivery Conditions
7.1 The delivery conditions, the delivery date, and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.
7.2 If you are a consumer, it is legally regulated that the risk of accidental loss and accidental deterioration of the sold goods during shipment only passes to you upon handover of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you independently contract a transport company not named by the entrepreneur or another person designated to carry out the shipment.
If you are an entrepreneur, delivery and shipment take place 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 were created by the IT law experts of the Händlerbund and are constantly checked for legal compliance. Händ
lerbund Management AG guarantees the legal security of the texts and is liable in case of warnings. Further information on this topic can be found at: https://www.haendlerbund.de/de/services/legal-safety/agb-service.
Last modification: May 9, 2022