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