• 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 website
    https://walkolution.com/. Unless otherwise agreed, the inclusion of any
    terms and conditions of your own used by you is contradicted.

    (2)
    Consumer in the sense of the following regulations is any natural
    person who concludes a legal transaction for purposes that 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 Formation of the contract

    (1) The 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
    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 the personal data as well as the
    payment and shipping conditions, all order data will finally be
    displayed again on the order overview page.
    If you use an instant
    payment system (e.g. PayPal / PayPal Express, Amazon Payments, Sofort)
    as a payment method, 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 instant payment system provider.
    If you are redirected to the
    respective instant payment system, make the appropriate selection or
    enter your data there. Finally, you will be redirected back to our
    online store to the order overview page.
    Before sending the order,
    you have the opportunity to check all the information again, change
    (also via the "back" function of the Internet browser) or cancel the
    purchase.
    By sending the order via the "buy" button, you declare the
    legally binding acceptance of the offer, whereby the contract is
    concluded.

    (4) Your requests for the preparation of an offer are
    non-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 carried out by e-mail,
    partly automatically. You must therefore ensure that the e-mail address
    you have provided to us is correct, that the receipt of e-mails is
    technically guaranteed and, in particular, that it is not prevented by
    SPAM filters.

    § 3 Special agreements regarding payment methods offered

    (1) Installment purchase via easyCredit
    In
    the case of installment purchases via easyCredit, the General Terms and
    Conditions for Installment Purchases of easyCredit shall apply in
    addition. You can find the General Terms and Conditions here.

    (2) Purchase on account via paymorrow
    When
    paying on account (purchase on account via paymorrow), the ordered
    goods will be shipped or delivered to you together with the invoice. The
    purchase price is due within 21 (twenty-one) calendar days after the
    invoice date for payment.

    (3) Payment by "secupay credit card", "secupay direct debit" or "secupay purchase on account".
    In
    the case of payment by "secupay credit card", "secupay direct debit" or
    "secupay purchase on account", we fully and irrevocably assign our
    claim for payment against you to secupay AG, Goethestr. 6, 01896
    Pulsnitz. Before accepting the assignment, secupay AG shall carry out a
    creditworthiness check using the data transmitted as part of the order.
    We
    reserve the right to deny you the selected payment method as a result
    of the credit check; you will be informed of this before you submit your
    order.
    If the payment method "secupay credit card" or "secupay
    direct debit" is approved, secupay AG accepts the assignment and
    subsequently collects the fee from your account via your credit card or
    by direct debit. Your bank or credit card account will be debited upon
    completion of the order.
    If the payment method "secupay purchase on
    account" is permitted, secupay AG shall accept the assignment and the
    ordered goods shall be shipped or delivered to you together with the
    invoice. The purchase price shall be due for payment to secupay AG,
    Goethestraße 6, 01896 Pulsnitz, Germany, within 10 (ten) calendar days
    after delivery of the goods.

    (4) Ratepay Invoice, Ratepay Direct Debit, Ratepay Installment 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 purchase contract is concluded between you
    and us when using a RatePAY payment method, we 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 consent to
    the transfer of your personal data and that of the order to RatePAY GmbH
    for the purpose of identity and credit checks, as well as contract
    processing. All details can be found 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 always apply
    when 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 due immediately for payment by direct
    debit from the current account specified in the ordering process at the
    credit institution specified therein (the current account). You hereby
    revocably authorize Novalnet AG to collect the payments to be made by
    you through the purchase by direct debit to the debit of the current
    account by direct debit. If the current account does not have the
    required cover, there is no obligation on the part of the
    account-holding credit institution to honor the payment. Partial
    redemptions will not be made by direct debit.
    By specifying the
    current account, you confirm that you are authorized to make direct
    debits via the corresponding current account. Return debit notes are
    associated with a high effort and costs for us and Novalnet AG. In 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 lower costs or no costs at
    all were incurred as a result of the return debit note. We reserve the
    right to make further claims. In view of the effort and costs involved
    in return debit notes and in order to avoid the processing fee, you are
    requested 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 made by re-transfer of the corresponding amount or by credit
    note.

    (6) Purchase on account via Novalnet
    In the case of
    purchase on account, the invoice amount is due for payment to our
    external partner, Novalnet AG, no later than on the calendar day
    specified in the invoice.
    In this case, you can only make payment to Novalnet AG with debt-discharging effect.
    We
    remain responsible for general customer inquiries, e.g. regarding
    goods, delivery time, shipment, returns, complaints, revocations or
    credit notes, even when purchasing on account via Novalnet AG. This
    payment method is only available to customers from Germany. Novalnet AG
    checks and evaluates your information and, if there is a legitimate
    reason, exchanges data with other companies and credit agencies (credit
    check). If the creditworthiness is not guaranteed, Novalnet AG can
    refuse you the purchase on account and will point out alternative
    payment options.

    (7) Barzahlen.de via novalnet
    If cash payment
    is agreed, payment is due immediately after conclusion of the contract.
    After completion of the order you will receive a payment slip, which
    you can print out, have scanned at one of the Barzahlen partner branches
    at the checkout and pay the amount there in cash. Alternatively, you
    can have a payment code sent to your cell phone via SMS, give the
    payment code to the cashier at the Barzahlen partner branch and pay the
    amount in cash there. The Barzahlen partner branch transmits the payment
    confirmation in real time, whereupon the shipping process is started
    immediately.

    (8) SEPA Direct Debit (Basic and/or Company Direct Debit)
    When
    paying by SEPA core direct debit or SEPA company direct debit, you
    authorize us by issuing a corresponding SEPA mandate to collect the
    invoice amount from the specified account.
    The direct debit will be collected within 7 days after conclusion of the contract.
    The
    period for sending the advance notice (pre-notification) is reduced to 5
    days before the due date. You are obliged to ensure sufficient coverage
    of the account on the due date. In the event of a return debit note due
    to your fault, you shall bear the bank charge incurred.

    § 4 Right of Retention, Retention of Title

    (1) You may only exercise a right of retention insofar as it concerns claims from the same contractual relationship.

    (2) The goods shall remain our property until the purchase price has been paid in full.

    (3) If you are an entrepreneur, the following shall apply in addition:

    (a)
    We retain title to the goods until all claims arising from the current
    business relationship have been settled in full. Prior to the transfer
    of ownership of the goods subject to retention of title, pledging or
    transfer of ownership by way of security shall not be permissible.

    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, and we accept the assignment. You
    are further authorized to collect the claim. However, insofar as you do
    not properly meet your payment obligations, we reserve the right to
    collect the claim ourselves.

    c) In the event of combination and
    mixing of the reserved goods, we shall acquire co-ownership of the new
    item in the ratio of the invoice value of the reserved goods 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 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 shall be incumbent upon us.

    § 5 Warranty

    (1) The statutory rights of liability for defects shall apply.

    (2)
    In the case of used goods, claims for defects shall be 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
    shall not apply

    - for culpably caused damage attributable to us
    arising from injury to life, limb or health and in the case of other
    damage 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 shall have no effect on your statutory warranty
    claims.

    (4) Insofar as you are an entrepreneur, the following shall apply in deviation from the above warranty regulations:

    a)
    Only our own specifications 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
    by rectification of the defect or subsequent delivery. If the
    rectification of defects fails, you may, at your option, demand a
    reduction in price or withdraw from the contract. The rectification of
    defects shall be deemed to have failed after a second unsuccessful
    attempt, unless the nature of the item or the defect or other
    circumstances indicate otherwise. In the event of rectification of
    defects, we shall not be obliged to bear the increased costs arising
    from the transport of 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.

    c) The warranty period shall be one year from delivery of the goods. The shortening of the period shall not apply

    -
    for culpable damage attributable to us arising from injury to life,
    limb or health and for other damage 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 which have been used in accordance with their
    customary use for a building and have caused its defectiveness;
    - in the case of statutory rights of recourse which you have against us in connection with rights arising from defects.

    § 6 Choice of law, place of performance, place of jurisdiction

    (1)
    German law shall apply. 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 favorability).

    (2) The
    place of performance for all services arising from the business
    relationship with us and 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 habitual abode is
    unknown at the time the action is brought. The right to bring an action
    before the court at another statutory place of jurisdiction shall remain
    unaffected.

    (3) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.





    II. customer information

    1. identity of the seller

    Walkolution GmbH
    Industrial road 1
    97355 Wiesenbronn
    Germany
    Phone: +4916092953573
    E-Mail: info@walkolution.com


    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 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 The contract language is German.

    3.2
    The complete text of the contract shall not be stored by us. 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 receipt of the order by us, the order data, the legally
    required information for distance contracts and the General Terms and
    Conditions will be sent to you again by e-mail.

    3.3 In the case
    of quotation requests outside the online shopping cart system, you will
    receive all contract data as part of a binding offer in text form, e.g.
    by e-mail, which you can print out or save electronically.

    4. codes of conduct

    4.1
    We have submitted to the code of honor of Trusted Shops GmbH, which can
    be viewed at:
    http://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf.

    5. essential characteristics of the goods or services

    The essential characteristics of the goods and/or services can be found in the respective offer.

    6. prices and payment modalities

    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 shipping costs are not
    included in the purchase price. They can be called up via a
    correspondingly designated button on our website or in the respective
    offer, are shown separately in the course of 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, 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 credit institutions), which are to be
    borne by you. 

    6.4 Any costs incurred for the transfer of funds
    (transfer or exchange rate fees of the credit institutions) shall be
    borne by you in cases where the delivery is made to an EU member state
    but the payment was initiated 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 in the individual payment methods, the payment
    claims arising from the concluded contract are due for payment
    immediately.

    7. terms of delivery

    7.1 The terms of
    delivery, 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 Insofar as you are a consumer, it is
    regulated by law that the risk of accidental loss and accidental
    deterioration of the sold item during shipment only passes to you upon
    delivery of the goods, 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 any other person
    designated to carry out the shipment.

    If you are an entrepreneur, the delivery and shipment shall be at your risk.

    8. legal liability for defects

    The liability for defects is governed by the provision "Warranty" in our General Terms and Conditions (Part I).

    These
    General Terms and Conditions and customer information have been
    prepared by the lawyers of the Händlerbund specializing in IT law and
    are permanently checked for legal conformity. Händlerbund Management AG
    guarantees the legal security of the texts and is liable in the event of
    warnings. For more information, please visit:
    https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.

    last update: 23.10.2019