Contents
- Scope of Application
- Conclusion of Contract
- Prices and Payment Terms
- Delivery Conditions
- Right of Withdrawal
- Retention of Title
- Warranty
- Usage Rights for Digital Content
- Restriction to Private Use and Commercial Licenses
- Special Conditions for Customized Goods
- Rules for Promotional and Gift Vouchers
- Applicable Law
- Jurisdiction
- Information on Dispute Resolution
1. Scope of Application
1.1 These General Terms and Conditions (hereinafter "GTC") of Cloudwalker GmbH (hereinafter "we" or "Seller") apply to all contracts for the purchase of goods concluded by a consumer or entrepreneur (hereinafter "Customer") with us via our online shop. Any differing or supplementary terms of the Customer are not recognized unless we expressly agree to their validity in writing.
1.2 These GTC also apply accordingly to the purchase of vouchers or the provision of digital content, unless otherwise specified. Digital content refers to all data provided in digital form.
1.3 A consumer, as defined by these GTC, is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their trade, business, or profession.
2. Conclusion of Contract
2.1 The product descriptions in our online shop do not constitute binding offers but serve as an invitation to the Customer to submit a binding offer.
2.2 The Customer may submit an offer via the online order form by adding the desired goods to the shopping cart and completing the order process. By clicking the button finalizing the order, the Customer submits a legally binding offer regarding the goods in the cart. Alternatively, the offer may be submitted via email, telephone, or contact form.
2.3 We may accept this offer within five days by
- sending an order confirmation in text form (e.g., email), with receipt by the Customer being decisive,
- delivering the goods, with receipt by the Customer being decisive, or
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- requesting payment from the Customer.
The contract is concluded when one of these alternatives occurs first. If we do not accept the offer within this period, the Customer is no longer bound by it.
- requesting payment from the Customer.
2.4 For payments via PayPal or Stripe, we declare acceptance of the offer upon the Customer’s completion of the order process.
2.5 The contract text is stored after conclusion and provided to the Customer in text form (e.g., via email). Order data can be accessed free of charge via a user account if the Customer created one prior to placing the order.
2.6 Input errors can be corrected before submitting the order by reviewing the entered data. Technical aids such as browser zoom functions may assist in this process.
2.7 Contract languages are German and English. Communication typically occurs via email; the Customer must ensure that our messages can be received.
3. Prices and Payment Terms
3.1 The stated prices are total prices including VAT. Shipping costs, if applicable, are indicated separately.
3.2 For deliveries outside the EU, additional costs (e.g., customs duties, bank fees) may apply, which are borne by the Customer.
3.3 Payment options are displayed in the online shop.
3.4 For prepayment by bank transfer, the amount is due immediately upon conclusion of the contract unless a later due date is agreed. Payment must be made to the specified account; goods are shipped after receipt of payment.
3.5 For payments via PayPal, processing is handled by PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), subject to PayPal’s terms of use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. If the Customer has no PayPal account, the conditions for payments without a PayPal account apply, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
3.6 For payments via Stripe, processing is handled by Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Dublin, Ireland ("Stripe"). Available payment methods (e.g., credit card) are displayed in the shop. Stripe may conduct credit checks and reject payments if the result is negative. More info: https://stripe.com/de.
3.7 The Customer is obliged to make timely payment; late payment may incur reminder fees and default interest.
4. Delivery Conditions
4.1 Delivery is made to the address specified by the Customer within the stated delivery area, unless otherwise agreed.
4.2 If delivery fails due to reasons attributable to the Customer (e.g., incorrect address), the Customer bears the resulting costs.
4.3 For consumers, the risk of loss or damage passes upon handover; for entrepreneurs, it passes upon handover to the carrier.
4.4 If goods are unavailable despite careful planning, we may withdraw from the contract, inform the Customer promptly, and refund any payments made.
4.5 Self-collection is not possible.
5. Right of Withdrawal
5.1 Consumers are generally entitled to a right of withdrawal; details are provided in the withdrawal instructions.
5.2 The right of withdrawal does not apply to goods made to customer specifications or clearly tailored to personal needs (e.g., products based on individual selection).
5.3 For customers outside the EU, the right of withdrawal does not apply if permitted by law.
6. Retention of Title
Ownership of the goods remains with us until full payment is received.
7. Warranty
7.1 Statutory warranty provisions apply unless otherwise specified.
7.2 For entrepreneurs: Claims for defects expire after one year for new goods; for used goods, such claims are excluded.
7.3 Exceptions: Claims for damages, fraudulently concealed defects, or digital products with update obligations remain unaffected.
7.4 Merchants must report defects immediately per § 377 HGB; otherwise, the goods are deemed approved.
8. Usage Rights for Digital Content
8.1 The Customer is granted a non-exclusive, unlimited right to use the content for private purposes unless otherwise stated.
8.2 Transfer or reproduction for third parties is prohibited unless expressly permitted. Commercial use or reproduction requires a separate license (see Section 9).
9. Restriction to Private Use and Commercial Licenses
9.1 Our products and designs may only be used for private purposes. Purchase does not grant rights for commercial use, reproduction, distribution, or modification of the designs or products.
9.2 Commercial use or reproduction is permitted only with our explicit written consent. The Customer must request an individual offer and purchase a corresponding license beforehand. Please contact us prior to concluding the contract.
9.3 Any unauthorized commercial use or reproduction constitutes a violation of our rights and may result in legal action.
10. Special Conditions for Customized Goods
10.1 For goods made to Customer specifications, the Customer provides the required content (e.g., images) and warrants that no third-party rights are infringed.
10.2 The Customer indemnifies us against third-party claims arising from the use of such content and bears defense costs if responsible for the infringement.
10.3 We may refuse orders if the content violates laws or ethical standards.
11. Rules for Promotional and Gift Vouchers
11.1 Promotional Vouchers: Vouchers issued free of charge during promotions are valid only within the specified period and redeemable by consumers. One voucher per order, no cash payout.
11.2 Gift Vouchers: Purchased vouchers are valid for three years, transferable, and not usable for further voucher purchases. Residual credit is not refunded.
12. Applicable Law
12.1 German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, mandatory protective provisions of their country of residence apply.
13. Jurisdiction
13.1 For merchants and legal entities, the Seller’s registered office is the exclusive place of jurisdiction. We may also sue at the Customer’s location.
14. Information on Dispute Resolution
14.1 The EU platform for online dispute resolution is available at: https://ec.europa.eu/consumers/odr.
14.2 We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.