§ 1 Validity
(1) Customers within the meaning of these General Terms and Conditions can be consumers and entrepreneurs.
(2) A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for a purpose that cannot be attributed to either his commercial or his independent professional activity (§ 13 BGB).
(3) Entrepreneur within the meaning of these general terms and conditions is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity (§ 14 BGB). In addition, the rules for consumers also apply to entrepreneurs, provided they do not place the order in their capacity as entrepreneurs.
§ 2 Registration as a user
(1) Registration is optional. The customer can also use the website without registering. Registration for the shop system is free of charge. To register, the customer electronically fills out the registration form on our website and sends it to us. The data required for registration must be provided completely and truthfully by the customer. When registering, the customer assigns a personal password. The customer is obliged to keep the password secret and under no circumstances communicate it to third parties.
(2) Apart from the customer's declaration of consent to the validity of these General Terms and Conditions, the customer's registration is not associated with any obligations. The customer can delete his registration at any time under "Customer area" on the website. Simply by registering on our website, there is no obligation to purchase any of the goods we offer.
(3) If the customer's personal details change, the customer is responsible for updating them. All changes can be made online after logging in under "Customer Area".
§ 3 Offer and conclusion of contract
(1) Offers and price information contained in our web shop, in brochures, advertisements and other advertising material do not constitute a legally binding contract offer, but only an invitation to the customer to submit an offer.
(2) By sending the order in our web shop, the customer submits a binding offer aimed at the conclusion of a purchase contract for the goods contained in the shopping cart.
(3) We confirm receipt of the customer's order by sending a confirmation e-mail immediately after the order process has been completed. With this e-mail we inform the customer at the same time whether we accept the offer or not. If the offer is accepted, the purchase contract is concluded.
(4) A duplication of the motifs of our products is excluded for all customers. Agreements on the rights of use of our motifs can be made individually. Please contact us before concluding the contract.
§ 4 Prices and Payment
(1) The prices include statutory sales tax and other price components. Shipping costs are added to the prices.
(2) The prices apply exclusively to consumers (private individuals). For entrepreneurs or commercial use, the price will be agreed in advance on request in a written offer.
(3) All items offered are ready for immediate dispatch, unless clearly stated otherwise in the product description.
(4) The customer can choose to pay in advance, PayPal, Amazon Pay or Klarna. If you choose to pay in advance, you will receive our bank details with the order confirmation. Payment must be made to our account within 10 working days. After receipt of the transfer, we will send the goods according to the specified delivery time.
(5) Deliveries to Switzerland and non-European countries may incur customs duties and taxes.
§ 5 Delivery and delivery time
(1) The goods are usually delivered from our warehouse or by collection. The customer can only pick up the goods if an appointment has been made beforehand.
(2) If the customer is a consumer, the risk of accidental loss and accidental deterioration of the item sold only passes to the customer when the item is handed over, even in the case of mail-order sales.
(3) If the customer is an entrepreneur, the risk and the danger of the shipment pass as soon as the goods have been handed over by us to the logistics partner commissioned.
(4) If a shipment cannot be delivered by the logistics partner to the address data provided by the customer, follow-up costs arise for which the customer has to pay. Costs of at least EUR 10 (incl. 19% VAT) are incurred for the return shipment to us by the logistics partner and the reshipment to the customer (the costs are higher for shipments outside of Germany).
§ 6 Warranty
(1) The statutory warranty applies.
(2) Customers who act as entrepreneurs must immediately inspect the goods for quality and quantity deviations and notify us in writing of any recognizable defects within a period of 10 days from receipt of the goods; otherwise the assertion of warranty rights is excluded. Hidden defects must be reported to us in writing by entrepreneurs within 10 days of discovery. Deadline is sufficient for the timely dispatch. The entrepreneur bears the full burden of proof for all prerequisites for a claim, in particular for the defect itself, for the time the defect was discovered and for the timeliness of the notice of defects.
§ 7 Liability
(1) In the case of slightly negligent breaches of duty, our liability and the liability of our vicarious agents is limited to the foreseeable damage that is typical for the contract. We and our vicarious agents are not liable for slightly negligent breaches of non-essential contractual obligations, the breach of which does not jeopardize the execution of the contract. An obligation is essential to the contract, the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which the customer can regularly rely.
(2) The above limitations of liability do not apply to customer claims under the Product Liability Act or under a guarantee. Furthermore, the limitations of liability do not apply to bodily injury or damage to health that is attributable to us, or to the loss of life of the customer.
§ 8 Retention of title
We reserve ownership of the goods until the purchase price has been paid in full.
§ 9 data protection
A detailed data protection declaration can be found on our website www.wandalas.de/Datenschutz.
§ 10 cancellation policy
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods. In order to exercise your right of withdrawal, you must inform us (Cloudwalker GmbH, Adlerstr. 48, 76297 Stutensee, telephone: +49 (0) 7244 9499100, firstname.lastname@example.org) of your decision to withdraw from this contract. You can use the attached sample revocation form for this, but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation
If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment. We may refuse repayment until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Exceptions to the right of withdrawal
The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
(If you want to revoke the contract, please fill out this form and send it back)
To Cloudwalker GmbH, Adlerstr. 48, 76297 Stutensee; Telephone: +49 (0) 7244 9499100; Email: email@example.com:
— I/we (﹡) hereby revoke the contract concluded by me/us (﹡) for the purchase of the following goods (﹡) / the provision of the following service (﹡)
— Ordered on (﹡) / received on (﹡)
— Name of consumer(s)
— address of the consumer(s)
— Signature of the consumer(s) (only in the case of notification on paper)
(﹡) Delete where not applicable.
§ 11 Cost Bearing Agreement
If the customer makes use of his statutory right of cancellation (see cancellation policy), the customer must bear the direct costs of the return.
§ 12 Place of jurisdiction, applicable law, invalidity of individual provisions
(1) The law of the Federal Republic of Germany applies to the exclusion of the UN Sales Convention. For consumers who do not conclude the contract for professional or commercial purposes, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is our place of business (Stutensee).
(3) If individual provisions of these General Terms and Conditions are ineffective, the remaining provisions shall remain in effect.