Terms and Conditions

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 ” ) in our online shop.

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

2. Distinction between entrepreneurs and consumers

(1) Some provisions of these Terms and Conditions do not apply to all customers, but only to consumers or only to businesses. Where this is the case, this is specifically indicated at the relevant point in these 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 German Civil Code, any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to his commercial nor his independent professional activity.

(3) “ Entrepreneurs ” within the meaning of these Terms and Conditions are, in accordance with the legal definition in Section 14 of the German Civil Code, natural and legal persons or partnerships with legal capacity who enter into business relations 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, as confidential 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 us a binding offer to conclude a contract.

(2) We can accept your offer within two days by

Sending an order confirmation by post, fax or email,
delivery of the goods or
request for payment

accept; the decisive factor for compliance with the deadline is the time of receipt of our order confirmation, goods or payment request by you.

(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 provisions by using the usual functionality of your browser (usually “Print” or “File” > “Save as”). The order data is included in the order overview that is displayed in the last step of the order. The contractual provisions, including the General Terms and Conditions, are also included in the order confirmation email that we send you if your order is accepted.

6. Rights of Use

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

7. Delivery disruptions

If an ordered item cannot be delivered because our supplier does not deliver despite their 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 refund any services already provided.

8th 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 delivered by us remains our property until full payment has been made (reserved goods).

(2) The following applies to entrepreneurs:

We retain title to 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 of the securities to be released is made 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 arising 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 is a merchant within the meaning of Section 1 of the German Commercial Code, he must inspect the goods immediately after receipt. Any obvious defects must be reported to us in writing immediately after receipt of the goods or – if the defect only becomes apparent later – immediately after discovery. To preserve the customer’s rights, it is sufficient to send the notification in good time. If this is not done, the goods are deemed to have been approved. This does not apply if we have fraudulently concealed the defect.

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

Claims by the buyer 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 which 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 our part or that of our vicarious agents; the statutory limitation period applies to these claims.

If the goods are a building or an item that has been used for a building in accordance with its usual use and has caused its defectiveness, the limitation period is 5 years from delivery in accordance with the statutory provisions.

11. Exclusions and limitations of liability

The following applies to our liability for damages:

(1) In the event of intent and gross negligence, including that 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 negligently caused property damage and financial loss, we are only liable in the event of a breach of a material contractual obligation, but the amount is limited to the damage that was foreseeable and typical for the contract at the time the contract was concluded; material contractual obligations are those whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner can regularly rely.

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

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

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 applies to a consumer only to the extent that it does not restrict any mandatory legal provisions of the state in which he has his domicile or habitual residence.

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