Terms and conditions

General terms and conditions of business

Scope

(1) These General Terms and Conditions apply to the sale of goods by Thomas Schmoll WALK IT, Jutastr. 17, 80636 Munich (hereinafter referred to as “ we ” or “ us” ) to the customer (hereinafter referred to as “ customer ” or “ you ” or “ you ”) in our online shop.

(2) Any terms and conditions of the customer that deviate from and/or go beyond these General Terms and Conditions do not become part of the contract.

2. Distinction between entrepreneurs and consumers

(1) Some provisions of these General Terms and Conditions do not apply to all customers, but only to consumers or only to entrepreneurs. Where this is the case, it is specifically marked in the relevant section of these General Terms and Conditions.

(2) “ Consumer ” within the meaning of these General Terms and Conditions is, in accordance with the legal definition in Section 13 of the Civil Code, any natural person who concludes a legal transaction for purposes that cannot predominantly be attributed to either their commercial or independent professional activity.

(3) “ Entrepreneurs ” within the meaning of these General Terms and Conditions are, in accordance with the legal definition in Section 14 of the Civil Code, natural and legal persons or partnerships with legal capacity who enter into a business relationship with us in the exercise of their commercial or independent professional activity.

3. Customer account

(1) To make using the online shop more convenient, you have the option of opening a customer account. You are obliged to treat your access data, such as your password, confidentially and to inform us immediately in the event of loss or unauthorized use of your access data.

4. Conclusion of contract, contract language

(1) Only when you order the goods and/or services is a binding offer to conclude a corresponding contract. To place the order, place the selected goods in the shopping cart, go through the further ordering process on the website and enter the information requested there. Before sending the order, you have the opportunity to check all order data again and correct it if necessary. Only when you send the order do you make a binding offer to us to conclude a contract.

(2) We can process your offer within two days

Sending an order confirmation by post, fax or email,
Sending the goods or
Request for payment

assume; The decisive factor for compliance with the deadline is the time at which you receive our order confirmation, goods or payment request.

(3) The contract language is German.

5. Storage of the contractual provisions

We save the contractual provisions, i.e. the order data and these general terms and conditions. You can print out or save the contractual terms and conditions by using the usual functionality of your browser (usually “Print” or “File” > “Save as”). The order details are included in the order overview, which is displayed in the last step of the order. The terms of the contract, including the General Terms and Conditions, are also contained in the order confirmation email that we will send you upon acceptance of your order.

6. Rights of Use

Our content is protected by copyright. They may only be used for their intended purpose. Subject to reproduction for private and other personal use within the framework of the copyright restrictions, they may not be reproduced – even in parts – without our consent (i.e. not forwarded by email). They may not be distributed, presented, made publicly accessible or otherwise reproduced publicly, whether on the Internet or in other media.

7. Delivery disruptions

If an ordered item is not available because we are not being supplied by our supplier despite his contractual obligation through no fault of our own, we are entitled to withdraw from the contract. In this case, we will immediately inform the customer that the ordered goods are no longer available and will immediately reimburse any services already provided.

8. Payment

If advance payment has been agreed, payment is due immediately after conclusion of the contract.

9. Retention of title

(1) The following applies to consumers:

The product we deliver remains our property until full payment is received (reserved goods).

(2) The following applies to entrepreneurs:

We reserve ownership of the reserved goods until all payments from the business relationship with the customer have been received. We undertake to release our securities at the customer’s request to the extent that the value of our securities exceeds the claims to be secured by more than 20%; The selection for the release of securities is done by us.

The customer is entitled to resell the reserved goods to a third party in the ordinary course of business; However, he hereby assigns to us all claims that arise from the resale.

10. Claims for defects (warranty)

(1) The following applies to consumers:

The statutory warranty provisions apply to our warranty obligations.

(2) The following applies to entrepreneurs:

If the customer acts as a merchant within the meaning of Section 1 of the Commercial Code, he must inspect the goods immediately upon receipt. Visible defects must be reported to us in writing immediately upon receipt of the goods or – if the defect only becomes apparent later – immediately upon discovery. To preserve the customer’s rights, it is sufficient to send the advertisement in a timely manner. Failing this, the goods are considered approved. This does not apply if we have fraudulently concealed the defect.

If there is a defect in the purchased item, we will initially provide a guarantee through supplementary performance, at our discretion either in the form of remedying the defect or a replacement delivery. If subsequent performance fails, the customer is entitled to reduce the consideration or – in the case of significant defects – to withdraw from the contract.

The buyer’s claims due to material defects expire one year after delivery of the purchased item to the customer. Excluded from this are claims for damages by the buyer that are aimed at compensation for physical injury or damage to health due to a defect for which we are responsible or which are due to gross negligence on the part of us or our vicarious agents; The statutory limitation period applies to these claims.

If the goods are a structure or an item that was used for a structure in accordance with its normal use and caused its defect, the limitation period is 5 years from delivery in accordance with the statutory regulations.

11. Disclaimers and Limitations of Liability

The following applies to our liability for damages:

(1) In the event of intent and gross negligence, including on the part of our vicarious agents, we are liable in accordance with the statutory provisions. The same applies to negligently caused damage resulting from injury to life, body or health.

(2) In the event of property damage and financial damage caused through negligence, we are only liable in the event of a breach of an essential contractual obligation, but the amount is limited to the damage that was foreseeable at the time the contract was concluded and was typical for the contract; Essential contractual obligations are those whose fulfillment is essential for the proper execution of the contract and on whose compliance the contractual partner can regularly rely.

(3) Otherwise, our liability is excluded, regardless of the legal basis.

(4) The exclusions and limitations of liability in paragraphs (1) to (3) above also apply mutatis mutandis to the benefit of our vicarious agents.

(5) Liability due to the assumption of a guarantee or under the Product Liability Act remains unaffected by the exclusions and limitations of liability in paragraphs (1) to (4) above.

12. Choice of law, place of jurisdiction

(1) The law of the Federal Republic of Germany applies. The UN Convention on Contracts for the International Sale of Goods is excluded. This choice of law only applies to a consumer to the extent that it does not restrict any mandatory legal provisions of the state in which he has his domicile or habitual abode.

(2) The place of jurisdiction for dealings with merchants, legal entities under public law or special funds under public law is the headquarters of our company. However, we are entitled, at our discretion, to take legal action at the customer’s registered office.