GENERAL TERMS AND CONDITIONS

Skywalk GmbH & Co. KG 12/2013

01. Scope of Application

These General Terms and Conditions apply exclusively to all mutual claims arising from or in connection with this contract between Skywalk GmbH & Co. KG  (in the following – Skywalk) and the customer. The version at the time the order takes place is legally binding.
Any provisions deviating from the Skywalk GT&CVon, in particular those included in the terms and conditions of purchase of the customer, are not in the subject matter of the contract, even when they are not expressly excluded by Skywalk.


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02. Contract Partner

The sales contract is formed with: Skywalk GmbH & Co. KG, Windeckstr. 4, 83250 Marquartstein, Deutschland, Handelsregister: AG Traunstein HRA 7710 Umsatzsteuer-Identifikationsnummer: DE 813305030. The business is represented by skywalk Verwaltungs- GmbH. This is represented by the General Managers Thomas Allertseder and Dipl. Ing. Manfred Kistler. For questions, inquiries or complaints, you can reach us Monday – Friday from 8:30 to 17:00 at the telephone number 08641 / 69480 or per e-mail at info@skywalk.org.


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03.Conclusion of Contract

In our web-shop, we make a non-committal offer to you for the goods represented in the shop. Errors excepted. The conclusion of contract can be carried out in German or English. You can view the General Terms and Conditions at any time by using your internet browser, save them to your computer or print them out. An electronic order is placed once the customer has agreed to the General Terms and Conditions and clicks on the button “Place Order”. Of course, you can always take articles out of the shopping cart again. Before you send off your order, you can check the order details and correct possible input errors. Sending off your order (e.g. by clicking on „Place order“) is your binding commitment to acquiring the shopping cart content from us. Your order is executed and forwarded to us. Skywalk will immediately confirm receipt of your order via E-mail. After the order process is closed, you can no longer view your order data. We can send you this separately per e-mail upon request together with our General Terms and Conditions. The purchase contract does not become effective with the consignment of the order confirmation, but with the consignment of a delivery confirmation or an order confirmation expressly relating to your order. Also in the case of a verbal, written, telephone, e-mail or fax order, the purchase contract becomes effective with the consignment of a delivery confirmation or an order confirmation which expressly relates to your order.


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04. Right of Cancellation

04.01 Consumers have a two-week right of cancellation.

Power of Revocation

Right of Cancellation:

You may recall in writing (e.g. via letter, fax or E-mail) or – if the matter has been conveyed to you before lapse of time – by return consignment, your contractual declaration within a period of 14 days and without the obligation to indicate any reasons for your recall. The period begins upon receipt of this guidance in writing, however, not before the matter has actually been delivered to the recipient, and not before we have met our information obligation in accordance with § 2 of Article 246 in connection with § 1, Paragraphs 1 and 2 EGBGB, as well as our obligations in accordance with § 312g, Paragraph 1, Sentence 1 BGB in connection with § 3 of Article 246 EGBGB. The revocation term is kept if the recall or the matter has been sent in time.

The recall is to be addressed to: Skywalk GmbH & Co. KG, Windeckstr. 4, 83250 Marquartstein / Germany

Consequences of a Recall

In case of an effective recall, mutually received services are to be returned and benefits (e.g. interest income) that may have been drawn are to be surrendered.

If you are unable to return, resp. surrender the received goods or benefits in full or in parts or only able to return them in deteriorated condition, you are liable for compensation. You are only liable for compensation for the deterioration of the matter or for the enjoyment of benefits if the usage or the deterioration is due to improper handling which exceeds the testing of the properties and the functionality of the matter. The “testing of the properties and the functionality of the matter” is to be understood as a form of testing and trying out similar to the one practiced in e.g. a shop or a store. Goods which can be sent back in packages are to be sent back at our risk. You will be charged the regular costs of return consignment if the delivered article conforms with the ordered one, and if the price of the re-turned matter does not exceed the amount of Euro 40, or if a higher price of the matter applies at the time of recall, or if you have not yet rendered a quid pro quo or a contractually agreed upon payment by installment. In all other cases, return consignments are free of charge.

Goods which cannot be sent back in packages will be picked up from your residence. Payment obligations must be fulfilled within a period of 30 days. For you, the term begins with the posting of your recall, resp. the matter, for us with the receipt of same.

End of Right of Recall

04.02 The right of recall does not apply to video and audio carriers or to software if the delivered data carriers have been unsealed. Furthermore, the right of recall does not apply to goods that have been specially made according to customer specifications or according to the personal requirements of a customer (e.g. line fabrications, special designs etc.).

04.03 Please avoid damage and soiling. When possible, return the goods to us in the original package and with all of the packing components of the package. If you no longer have the original package, please send the goods back in a carton suitable for transport which will protect the goods from transport damage, in order to avoid damage claims resulting from damage due to faulty shipping.

04.04 Send the goods as postpaid package back to us and keep the documentation of shipment. We will gladly compensate in advance the cost of the postal charges, as long as they are not to be carried by you.

04.05 Before sending the goods back to us, please call us at the telephone number +498641 / 69480, to notify us of the return. In this way, you make it possible for us to classify the product as quickly as possible.

04.06 Please note that the modalities in the three preceding paragraphs are not a qualification for the effective exercising of the right of recall.

Cost agreement when using right of recall

If you exercise your right of recall (see Power of Revocation), you will be charged the regular costs of return consignment if the delivered article conforms with the ordered one, and if the price of the re-turned matter does not exceed the amount of Euro 40, or if a higher price of the matter applies at the time of recall, or if you have not yet rendered a quid pro quo or a contractually agreed upon payment by installment. In all other cases, return consignment is free of charge.


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05. Prices and shipping costs

The prices quoted in the web-shop include the currently applicable German Value-Added Tax (VAT) and other price components. The prices listed at the time of the order apply.The shipping costs are clearly disclosed on the order page, product pages and in the shopping basket.


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06. Delivery, Transport and Transfer of Risk

If the customer is a contractor, the risk of loss or risk of deterioration of goods is transferred with delivery, and by mail order with the delivery of the goods to the customer via the authorized forwarding agent.
If the client is the consumer, the risk of loss and the risk of deterioration of goods purchased by mail order is also transferred with the delivery to the customer. Transfer is accepted if the customer rejects shipment.
As long as there is no other agreement, the forwarding agent will be chosen by Skywalk. Except as otherwise agreed upon, the delivery will take place from our inventory to the delivery address submitted by you.

  • We deliver in-stock articles within a period of approx. 3 to 4 workdays within Germany following payment of your order, and up to ca. 10 workdays within all other member countries of the European Union.
  • We will inform of eventual delivery delays on the respective product page.
  • Partial deliveries are permissible.
  • If a delivery of the purchased goods is not possible due to unavailability, you will be informed without delay. In this case, we can withdraw from the purchase contract. Legal requirements remain inviolate.

 


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07. Payment

Payment is carried out per prepayment, PayPal or credit card (MasterCard or Visa). The last payment method is processed by our payment service provider Concardis. If choosing prepayment, we give our bank account number in the order confirmation and deliver the goods upon receipt of payment. Prepayment allows us the right to cancel the order if payment has not been received within three weeks of your order. You have a right of set-off only when your claim is judicially executed, unchallenged, or recognized in written form by Skywalk. Right of lien can only be exercised if the claim results from the same contractual relationship.


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08. Liability

In the case of neglect of duty, our liability and the liability of our representative or vicarious agent is limited to foreseeable, contract-typical,  immediate damages pertaining to the type of goods. Neither Skywalk or its legal representative or vicarous agents is liable for slight negligence of not contract-essential duties, the breaching of which does not affect the enforcement of the contract.

The preceding liability limitations do not apply to product liability claims. In the case of a deficiency, the legal regulations apply. Skywalk is not liable for further damages resulting from deficient delivery. These liability exclusions do not apply to damages to life, body or health based on breach or gross negligence of duty by Skywalk or their legal representative or vicarious agent.

Furthermore, these liability exclusions do not apply to miscellaneous damages attributed to breach or gross negligence by Skywalk or its legal representative or vicarious agent. An act of transfer of deficiency- or guarantee claim is excluded.


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09. Reservation of Proprietary Rights

oods remain the property of Skywalk until the complete payment of the purchase price by the consumer.

With regard to businesses, goods remain the property of Skywalk until the complete settlement of all outstanding accounts from the ongoing business relationship.

The customer is responsible for handling the goods with care during the reservation of proprietary rights. As far as maintenance- and inspection work is required, this is to be regularly carried out by the customer.

In the case that a third party shares the goods subject to retention of title, in particular through enforcement of judgement, the customer is obligated to promptly inform Skywalk in written form. The written obligation to inform applies also in the case of damage as well as in the case that the goods subject to retention of title become lost. In the case of seizure of goods, the seizure record or attachment order shall be submitted to Skywalk without delay.

The customer shall carry all costs for the cancellation of access and for a replacement of the goods subject to retention of title, as long as they cannot be collected by a third party.

The following regulations apply exclusively within commercial business developments:

The customer is authorized to possess the goods subject to retention of title in proper course of business. Skywalk can rescind the authorization when the customer does not comply with his contractual obligations to Skywalk. Outstanding accounts accrued by the sale or other legal ground with regard to the goods subject to retention of title are transferred to Skywalk in the amount of the invoice value of the goods subject to retention of title.

Skywalk accepts the transfer.

Skywalk hereby grants the partner the revocable authorization to collect payments/receivables assigned to us, in his own name on our behalf.

Skywalk is authorized to revoke these collection authorizations when the customer is in default and the demand of payment by Skywalk cannot be met within a reasonable time and may inform the business partners of the customer of this revocation.

Manufacturing or alteration of the goods subject to retention of title is carried out by Skywalk as manufacturer. In this case, Skywalk purchases the common ownership of the new goods at the conditions up to the value of the goods subject to retention of title delivered by Skywalk.

 


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10. Guarantee

Skywalk guarantees that the products are free of defects as defined by § 434 at the time of transfer and are in the condition described.

The contractor must examine the delivered goods without delay for deviations in quality and quantity and has a time limit of two weeks within goods receival to inform Skywalk in written form of an identifiable deficiency, otherwise the enforceability of the guarantee claim is excluded. To meet the deadline, timely mailing shall suffice. Additionally, § 377 HGB applies pertaining to commercial business.

The statute of limitations for the guarantee claim of a consumer is 2 years. Used products and contracts with businesses have a statute of limitations of 1 year. The statute of limitations begins with the transfer of the goods to the customer.

Additionally, the customer has claims where applicable from eventual written guarantees as long as these were explicitly issued for individual products.

If the customer is the consumer and a deficiency occurs, the customer can, according to § 439 BGB, choose to request rectification of the deficiency or the delivery of a deficient-free product. If the customer is a contractor, the right of choice belongs solely to Skywalk. Within the framework of § 439 BGB, Skywalk can reject the type of  supplementary performance chosen by the customer, if this performance is possible only at a disproportionately high cost.

In the case of a replacement delivery, the purchaser is obligated to return the goods back to Skywalk within 30 days in accordance with legal provision (§§ 439 Abs. 4, 346 bis 348 BGB). Skywalk will assume the cost of the return shipment.

If supplementary performance fails, the customer may claim, according to his choice, abatement of compensation (abatement) or rescission of the contract (withdrawal) as well as compensation. The provisions in Nr. 8 of this GT & C apply. Provided that the deficiency is insignificant or negligible, cancellation is excluded.

 


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11. Choice of Law

Based on the contractual relationship, the law of the Federal Republic of Germany applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.


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12. Place of Fulfillment and Jurisdiction

If the customer is a merchant, legal person of a public corporation or legal entity under public law, the place of fulfillment and sole jurisdiction is Traunstein.  The same applies when the customer has no general jurisdiction in Germany or when the main residence of the customer at the time of the commencement of the action is unknown.


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13. Privacy Policy

The responsible body regarding the data protection act is:
Skywalk GmbH & Co. KG, Windeckstr. 4, 83250, Marquartstein

Additional information on data protection can be found in our data protection references


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14. Final Provisions

We reserve the right to change the General Business Terms and Conditions at any time. This includes improvements and new services by Skywalk. You are therefore obligated before purchase to regularly check if the GT & Cs have changed.
The contract to supply with Skywalk is subject to German law in all cases, also in the case of orders from foreign countries, that is to say orders from and/or to foreign countries. If certain terms of these delivery and payment conditions are made inoperable or become inoperable, the validity of the other terms as well as the content of individual contracts concluded on the basis of these delivery and payment conditions remain unaffected.