General Standard Terms and
Conditions of Skywalk GmbH & Co. KG (Webshop)
1. Scope of application
These General Standard Terms and
Conditions shall apply exclusively to all mutual claims from and in
connection with contracts concluded between the customer and Skywalk
GmbH & Co. KG (hereinafter referred to as Skywalk), unless
different arrangements are specified in an individual contract. The
General Standard Terms and Conditions apply irrespective of whether
the customer is a consumer, merchant or entrepreneur. Their version
applicable at the time of the order shall be authoritative.
Differing provisions, in particular ones in the customer’s terms
and conditions of purchase or general standard terms and conditions,
shall not be part of the contract, even if Skywalk does not
explicitly object to them.
2. Contractual partner
The contract of purchase shall be
Skywalk GmbH & Co. KG
Commercial register: Traunstein Local
Court, HRA 7710
VAT identification number: DE 813305030
The company is represented by skywalk
Verwaltungs-GmbH. The latter is represented by the Managing Directors
Thomas Allertseder and Manfred Kistler (Dipl. Ing.).
If you have any questions, complaints
or criticism, you can reach us on business days between 9 a.m. and 5
p.m. under the phone number +49 (0)8641 / 69480 or by e-mail at
3. Conclusion of contracts
(1) The contract may be concluded in
German or English.
(2) The representation, presentation
and advertising of the products in the online shop and our catalogs
shall not constitute a legally binding offer to conclude a contract
of purchase. Errors are excepted.
(3) By ordering the desired goods, the
customer bindingly declares its offer to purchase said goods.
(4) If the goods are ordered by
electronic means, this shall be done by the customer consenting to
the General Standard Terms and Conditions and clicking the
“zahlungspflichtig bestellen” (“Order”) button for the
products in the shopping cart. You can read the General Standard
Terms and Conditions at any time in your web browser, store them on
your computer or print them out.
(5) As soon as you send your order,
you receive an e-mail to confirm that it has been received. This
confirmation does not constitute binding acceptance of the order,
unless it is explicitly accepted at the same time as receipt of the
order is confirmed.
(6) The contract of purchase for the
ordered goods shall not be formed until we accept your order by means
of a separate order confirmation or by delivery of the goods.
(7) The contract of purchase shall
likewise only be formed by means of our separate order confirmation
or by delivery of the goods if orders are placed orally, in writing,
over the phone, by e-mail or fax.
(8) If the goods you ordered cannot be
supplied, for example because they are not in stock, we will refrain
from accepting the order. In this case, a contract shall not be
formed. We will inform you of that right away and refund immediately
any payments we have received for the goods.
4. Right of cancellation
(1) If you are a consumer (i.e. a
natural person placing the order for a purpose that cannot be
ascribed to your commercial or freelance professional activity), you
have a right to cancel the order in accordance with the statutory
(2) If you are a consumer and make use
of your right of cancellation in accordance with Section 4 (1), you
must pay for the regular costs of returning the goods.
(3) The right of cancellation shall
also be subject to the provisions of the following
- Cancellation policy -
Right of cancellation:
You have the right to cancel this
contract within fourteen days, without the need to state the reasons
for doing so.
The cancellation period shall be
fourteen days as of the day on which you, or a third party you
specify who is not the carrier, have/has taken possession of the
In order to exercise your right of
cancellation, you must notify us
Skywalk GmbH & Co. KG
83250 Marquartstein, Germany
Phone number: +49 (0)8641 / 69480
of your decision to cancel the
contract by means of a clear declaration to that effect (e.g. a
letter sent by post or an e-mail).
If you make use of this option, we
will immediately send you confirmation that we have received the
notice of cancellation (e.g. by e-mail).
Sending of the notice that you wish to
exercise your right of cancellation before the cancellation period
expires shall be sufficient to ensure that the cancellation period
has been complied with.
Consequences of cancellation:
If you cancel this contract, we shall
refund you all payments we have received from you, including delivery
charges (with the exception of the additional costs resulting from
the fact that you selected a means of delivery other than the
low-cost standard one we offer), immediately and by no later than
fourteen days as of the day on which we receive notice that you have
canceled the contract. To refund the above, we shall use the same
means of payment you used for the original transaction, unless
explicitly agreed otherwise with you; you shall not be liable to pay
any charges connected with this repayment. We can refuse to refund
the above payments and charges until we have received the goods again
or until you have proved that you have sent the goods back, whichever
You must return or hand over the goods
to us immediately and by no later than fourteen days as of the day on
which you inform us that you have canceled the contract. This
deadline has been complied with if you dispatch the goods before the
fourteen-day period ends.
You shall bear the direct costs of
returning the goods.
You must restitute any impairment to
the value of the goods only if such impairment is attributable to
handling of them that is not necessary for the purposes of inspecting
the qualities, properties and working order of the goods.
- End of the cancellation policy -
(4) The right of cancellation shall
not apply to contracts:
for the delivery of goods that have
been made in accordance with the customer’s specifications, are
not prefabricated and in whose production an individual choice or
stipulation by the consumer was a substantial factor or that are
clearly tailored to the personal needs of the consumer,
for the delivery of sealed goods that
are not suitable for return for reasons of health protection or
hygiene, if their seal has been removed after delivery, and
for the delivery of goods if they are
combined inseparably with other goods after delivery on account of
5. Prices and shipping charges
(1) The prices stated on the product
pages are gross prices, i.e. include statutory value-added tax; any
shipping charges incurred are due on top of them. The prices at the
time of ordering shall apply.
(2) You shall be informed about the
shipping charges clearly on the product pages, in the shopping cart
and on the ordering page.
the X-GLOO products you will receive a net price list upon request.
Due to the fact, that mainly products are customized individually,
the exact shipment prices will be communicated after confirmation of
6. Delivery, transportation and
passage of risk
(1) If the customer is a consumer, the
risk of accidental loss or accidental impairment of the sold goods
shall only pass to the customer when the goods are handled over to
the customer, even if the transaction involves a sale to destination
according to the buyer’s instructions. If the customer is in delay
in taking delivery of the goods, the goods shall be deemed to have
been handed over.
(2) If the customer is an
entrepreneur, the risk of accidental loss of or accidental damage to
the goods shall only pass to the customer when the goods are handled
over to the customer and, if the transaction involves a sale to
destination according to the buyer’s instructions, when the goods
are delivered to the hired transport company. Unless agreed
otherwise, Skywalk shall choose the transport company. Unless
explicitly agreed otherwise, the goods shall be delivered from our
warehouse to the delivery address you stated.
(3) The delivery period
for products of skywalk and
FLYSURFER shall usually be 3-5 business days after receipt of payment
within Germany and, depending on the means of shipment, approximately
10-14 business days to any other member state of the European Union.
We shall point out any different delivery periods separately on the
page for the product in question.
(4) The delivery period for X-GLOO
products are 3 to 5 work days if the products are in stock. For
printed products delivery time is about 4-10 weeks after receipt of
payment. Within Germany and depending on the shipping type, delivery
will take 10-14 days (for products in stock) or either 4-6 weeks
(printed products) within the European Union. For delivery time
frames beyond this, we communicate delivery date separately.
(5) The customers shall bear the costs
of customs clearance for consignments outside the EU.
(6) We shall be authorized to make
partial deliveries provided you can reasonably be expected to accept
(1) Payment shall either be by cash in
advance, PayPal or credit card (MasterCard or Visa). Credit card
payments shall be handled through our payment service providers
Concardis or heidelpay. If you choose to pay by cash in advance, we
will provide you with our bank details in the order confirmation and
supply the goods only after payment has been received. If you choose
to pay by cash in advance, we reserve the right to rescind the
contract if no payment is made and after we have sent a reminder
setting a date for payment of 2 weeks (as of receipt of the
(2) You shall have a right to offset
your counterclaims only if they have been legally established with
final and binding effect or are not in dispute.
(3) You shall have a right to retain
the goods only if the claims derive from the same contractual
8. Reservation of ownership
(1) The supplied goods shall remain
our property until the purchase price is paid in full.
(2) Customers shall be obliged to
treat the goods with care during this time.
(3) If the retained goods are seized
by a third party, in particular by way of execution, the customer
shall point out that they are the property of Skywalk and shall also
be obliged to give Skywalk immediate written notification of their
seizure. This obligation to give written notification shall also
apply if the retained goods are damaged or lost. If the retained
goods are attached, the attachment order or the bailiff’s record
must be submitted to Skywalk immediately.
(4) The customer shall bear all costs
necessary to rescind the seizure and obtain the retained goods again,
if they cannot be collected from third parties.
(5) The following provisions shall
additionally apply solely to commercial business transactions:
The customer shall be authorized to
dispose of the retained goods in the ordinary course of business.
Skywalk may revoke this authorization if the customer does not
fulfill its contractual obligations toward Skywalk. The customer
hereby assigns claims to which the customer is entitled from resale
of, or on any other legal grounds relating to, the retained goods to
Skywalk to the amount of the invoice value of the retained goods.
Skywalk hereby accepts the assignment.
Skywalk shall grant the customer the
right to collect the said claims assigned to Skywalk in its own name.
Skywalk shall have the right to revoke
this authorization to collect claims, to point out such revocation to
the affected business partner of the customer and to demand
disclosure of the claims that have accrued to the customer if the
customer is in default in payment and does not pay in response to our
request for payment and after a reasonable period of time has
Any processing or re-forming of the
retained goods shall be done on behalf of Skywalk as the
manufacturer. In this case, Skywalk shall acquire co-ownership of the
new object to the ratio of the value of the retained goods supplied
(1) Skywalk warrants that, at the time
of being handed over, the supplied goods are free of defects or legal
imperfections in title as defined by Section 434 of the German Civil
Code (BGB) and have the qualities agreed with the customer.
(2) Entrepreneurs must examine the
supplied goods for deviations in quality and quantity immediately and
notify Skywalk in writing about obvious defects within a period of
two weeks of receiving the goods, otherwise warranty claims for such
defects shall be excluded. Sending of such notification within said
period shall be sufficient to ensure that the deadline has been
complied with. Section 377 of the German Commercial Code (HGB) shall
additionally apply to commercial business transactions.
consumers, the period for warranty claims ends after two years. For
contracts with businesses, the period for warranty claims expires
after one year. For used products purchased by consumers, the period
for warranty claims ends after 1 year. Used products sold to
businesses are not covered by a warranty. The period of limitation
shall commence when the goods are delivered to the customer.
(4) Any seller’s warranty we give on
specific goods or warranties granted by the manufacturers of specific
goods shall apply alongside claims due to defects and legal
imperfections in title. Details of the scope of such warranties are
specified in the associated warranty terms that are, if applicable,
enclosed with the article in question.
(5) If the customer is a consumer and
the goods have a defect, the customer can demand, at its choice,
rectification of the defect or delivery of an object that is free of
defects in accordance with Section 439 of the German Civil Code
(BGB). If the customer is an entrepreneur, the type of subsequent
remedy shall be at the discretion of Skywalk. Under Section 439 of
the German Civil Code (BGB), Skywalk can refuse the type of
subsequent remedy chosen by the customer if it is possible only at
disproportionately high costs.
(6) If replacement goods are supplied,
the customer shall be obliged to return the originally supplied
object to Skywalk within 30 days in accordance with the statutory
provisions (Sections 439 (4) and 346 to 348 of the German Civil Code
(BGB)). Skywalk shall bear the costs of returning the object.
(7) If subsequent remedy fails, the
customer can demand, at its choice, a reduction in the purchase price
(reduction) or cancellation of the contract (rescission) and damages.
The provisions in Section 10 of these General Standard Terms and
Conditions shall apply to damages. Rescission of the contract shall
be excluded if the defect is insignificant or slight.
(1) If we violate our obligations
through slight negligence, our liability and that of our legal
representatives or vicarious agents shall be limited to the direct
damage that is typical of the contract and was foreseeable given the
type of goods. Skywalk and its legal representatives or vicarious
agents shall not be liable for violation of non-cardinal contractual
obligations through slight negligence that does not jeopardize
implementation of the contract.
(2) The statutory provisions shall
apply in cases of defects. This exclusion of liability shall not
apply to injury to life, body or health that is due to violation by
Skywalk of its obligations through willful intent or negligence or a
violation of obligations by its legal representatives or vicarious
agents through willful intent or negligence.
(3) The above limitations to liability
shall not apply to claims due to product liability and to other
damage that is attributable to violation by Skywalk of its
obligations through willful intent or gross negligence or a violation
of obligations by one of its legal representatives or vicarious
agents through willful intent or gross negligence.
(4) Claims for defects or warranties
cannot be assigned.
Skywalk reserves the copyrights to all
photographs, films and texts published in our online shop and our
product catalogs. The photographs, films and texts may not be used
without our explicit consent.
12. Choice of law
German law shall apply, with the
exception of international private law provisions and to the
exclusion of the United Nations Convention on Contracts for the
International Sale of Goods (CISG).
13. Place of performance and place
If the customer is a merchant, legal
entity under public law or special fund under public law, any
disputes shall be settled before a competent court of law in
Traunstein, Germany. The same shall apply if the customer does not
have a place of general jurisdiction in Germany or the customer’s
habitual place of residence is unknown at the time legal action is
14. Data privacy
The controller within the meaning of
the applicable data protection laws is Skywalk GmbH & Co. KG,
Windeckstraße 4, 83250 Marquartstein, Germany. You can find more
information on data protection in our
15. Final provisions
(1) We reserve the right to amend
these General Standard Terms and Conditions at any time. This will
also help to improve, and integrate new, services from Skywalk. You
are therefore obliged to regularly check the date of the General
Standard Terms and Conditions before making purchases to determine
whether the General Standard Terms and Conditions from earlier orders
may have changed.
(2) If one or more provisions of these
General Standard Terms and Conditions are or become invalid, the
validity of the other provisions shall not be affected thereby.
16. Resolution of disputes with
consumers in accordance with Section 36 of the German Act on
Resolution of Disputes with Consumers (VSBG)
We are neither willing nor obliged to
take part in proceedings to resolve disputes before a consumer
arbitration body. It is our normal policy to reach a consensus
directly on the basis of our tried-and-tested relationship of trust
in the unlikely case that there are differences of opinion.
If you have found the product you
desire, you can place it in the shopping cart without obligation by
clicking on the “add to shopping cart” button. You can view the
content of the shopping cart at any time by clicking on the “Display
shopping cart” button. You can remove products from the shopping
cart at any time by clicking on the “Delete item” button. If you
wish to purchase the products in the shopping cart, click on the
“Continue Shopping” button. Please then enter your data. The
mandatory particulars are indicated by *. Your data is encrypted
before being transferred. After you have entered your data and chosen
the method of payment, click on the “Checkout” button to go to
the ordering page, where you can check the data you have entered
again. You complete the ordering process by clicking the “Order”
button. You can abort the process at any time by closing the browser
window. You are provided with further information, such as how to
correct orders, on the individual pages.
The contract text is stored on our
internal systems. You can read the General Standard Terms and
Conditions at any time on this site. The order data and General
Standard Terms and Conditions are sent to you by e-mail. After the
order has been completed, your order data can no longer be accessed
on the Internet for security reasons.