General terms and conditions for purchases in our online shop
These General Terms and Conditions are part of the contract and are valid for all – therefore also for future – deals, deliveries and services of MONOWALKER DESIGN with or to the customer. The customer is accepting these terms in their entirety in the version that is valid at the moment of the conclusion of a business deal. We herewith oppose to all regulations deviating from these conditions, especially business conditions of the customer.
2. Offers and conclusion of a business deal
2.1 All offers are not binding and without obligation.
2.2 Additional agreements are only valid if they have been confirmed in writing.
2.3 MONOWALKER DESIGN reserves the right to change prices, to make technical changes, changes of design, errors, misprints and prior sale.
2.4 Dates of delivery given by MONOWALKER DESIGN are not binding.
2.5. Regardless of the product presentation on the website www.monowalker.com the given contract of purchase always refers to the object actually ordered by the customer.
Prices are given in Euro including value added tax without cash discount or other price reductions. ( Prices are shown with german purchase tax only for members of the European Union with EU IP-address !) Prices effective at the moment of ordering shall be valid. For deliveries in EU countries the value added tax rates of the Federal Republic of Germany are applicable. For not EU countries the sum will be reduced by this amount. ( Prices are shown without german purchase tax only for members outside the European Union with EX - EU IP-address != USA, Switzerland, Australia and so on) The national turnover tax on imports and customs duties are to be paid by the customer.
4. Payment conditions
4.1 The purchase price including all costs is due with invoicing.
4.2 Payments are to be paid net without cash discount or any other deductions unless other terms of payment have been explicitly agreed upon in writing.
4.3 In case of the customers default of payment MONOWALKER DESIGN is entitled to claim default interest according to lawful standards or to withdraw immediately from the contract. The possibility to raise further claims for damages remains unaffected thereby.
4.4 Deliveries in Germany and Switzerland are carried out exclusively against cash in advance or cash on delivery. Deliveries to other countries are carried out only against cash in advance.
4.5 The customer can only set off against the claims of MONOWALKER DESIGN if the customer’s counterclaim is undisputed or if there is a non-appealable enforceable judgment.
5. Retention of ownership
Every delivery is carried out with reservation of title; only after full payment the customer is considered owner of the purchased item. Up to this moment the customer may not pawn the delivered object, transfer ownership as a security or encumber the item otherwise.
6. Intellectual property
MONOWALKER DESIGN retains all rights for every design, text, graphic on the website www.monowalker.com as well as in every other publication. Copying or any other reproduction of the entire website or parts of this website is only allowed in order to pass an order to MONOWALKER DESIGN. The name MONOWALKER, all of the page headers, navigation bars, diagrams and button symbols are intellectual property of MONOWALKER DESIGN. All other brand marks, product names or company names and logos are solely and independently owned by the respective party. MONOWALKER DESIGN reserves ownership and copy rights to illustrations, drawings, calculations and any other documents. The customer needs to have the explicit written agreement of MONOWALKER DESIGN before making them available to third parties. Images, texts and videos for free use are provided in the press archives of the website www.monowalker.com.
7. Transportation and risk
7.1 In addition to the commodity value the customer has to pay the transportation costs given in the completion of order.
7.2 If necessary and due to the peculiarity of the order MONOWALKER DESIGN reserves the right to charge higher transportation costs in consultation with the customer.
7.3 The commodity shall be dispatched exclusively at customer’s risk.
The order of the customer is binding; it will be accepted only by confirmation by MONOWALKER DESIGN by email, fax or letter, by sending of the invoice or by shipment of the commodity to the customer.
9. Right of withdrawal
Revocation notice for consumers:
1. Right of withdrawal:
You may revoke your contract declaration in writing (e.g. letter, fax, email) within 14 days without giving reasons or – if the item was conveyed before the deadline – by returning the goods. The period begins upon receipt of this notification in written form, but not before the receipt of the good by the customer. In order to ensure the revocation period it is sufficient to send the revocation or return the item in time. The revocation has to be sent to:
Herrn Kai Malte Fuchs-Landsberger
D-79199 K irchzarten
2. Consequences of revocation:
In case of an effective revocation both parties have to return the received benefits and – where applicable – to surrender earned profits (e.g. interests). If you cannot return the received benefits completely or partly or just in a deteriorated condition you have to pay compensation for the value (when applicable). For the release of goods this is not applicable if the deterioration of the item is solely put down to the inspection as it would have been possible for you in a store. By the way, you may avoid the obligation for value replacement, if you do not take possession of the item as if you were the owner and if you refrain from doing anything which might have an effect on the value of the item. Items which can be shipped as a parcel have to be shipped at the risk of MONOWALKER DESIGN. You have to pay the costs for the return if the delivered item corresponds to the ordered item and if the price of the delivered item is not higher than 40 Euro or if you have not reciprocated or paid a contractual agreed partial payment in case of a higher price of the item at the time of the revocation. Otherwise, the return is free of charge for you. Obligations to reimburse payments have to be fulfilled within 30 days. Die deadline starts for you with the sending of your revocation declaration or the return of the item and for us with receipt of these.
End of the revocation notice
The right of revocation is not applicable for goods that were produced to meet the specifications of the customer (special design).
10. Notification of defects – warranty - liability
10.1 Unless otherwise agreed the legal warranty period of 24 months from the date of delivery on is granted for non-obvious defects. Written notice of obvious defects must be given within 2 weeks after reception of the item, otherwise warranty claims for obvious defects cannot be asserted. A claim for loss on a patent damage to the goods ordered will only be settled with written confirmation from the particular carrier. Notifications of defects by merchants are subject to the legal requirements of the German Commercial Code.
10.2 The customer is obliged to agree to an examination of the defective item by MONOWALKER DESIGN. After reception of a defective item and after determination of a fair and reasonable extension of the original term he is entitled to a reparation or replacement of the defect item (subsequent fulfillment). Only in case of failure of repair or first replacement the customer may assert his right of withdrawal of the contract or of reduction in purchase price (diminution). However, in case of subsequent fulfillment the customer is obliged to hand out the defect item and to come up with compensation for the amenity and advantage for using it.
10.3 The warranty obligation will not apply for damages due to fair wear and tear or improper handling. In case of returned items that are rightfully claimed to be defective MONOWALKER DESIGN covers costs and risk. The same shall apply to reshipment of the purchased item.
10.4 Liability for defects is also inapplicable if the purchased item has been improperly installed or maintained, repaired or changed by the customer or a third party or if it has been subjected to conditions or mechanical loads, that do not correspond to the technical properties of the purchased item unless the customer proves these circumstances not to be causative for the defects.
10.5. The liability of defects is also inapplicable if the original technical condition of the item is changed beyond the generally possible reconstruction of if components are taken off or changed without prior written agreement by MONOWALKER DESIGN.
10.6 If several components are delivered at the same time each delivery item is considered to be independent. Therefore, possible liability claims are restricted to the defect item.
10.7 MONOWALKER DESIGN is only liable for damages due to culpable violation of major contractual obligations. Further liability results only from the Product Liability act or from intent or gross negligence of us or our vicarious agents.
10.8 Descriptions or representations of the item as well as its technical properties do not represent a warranty of characteristics. A warranty of characteristics of the item in a legal sense is only given if information is explicitly confirmed by MONOWALKER DESIGN in writing.
11. Limitation of liability
11.1 The liability of MONOWALKER DESIGN is based exclusively on the agreements of the paragraphs above. This is not valid in case of gross negligence or criminal intent.
11.2 The limitation of liability applies to contractual and non-contractual claims.
12. Data protection
12.1 Regarding the personal information of the customer MONOWALKER DESIGN complies with all regulations of the Data Protection Act and is entitled to process and store all data referring to the business relation with the client in accordance with the regulations of this law. MONOWALKER DESIGN is according to law in force also entitled to seek information about credit worthiness with trading and credit information agencies.
12.2 Upon written demand MONOWALKER DESIGN will inform the entitled party about the stored data.
12.3 Each access to our homepage and retrieval of a file deposited on the homepage are logged. The storage serves internal system-related and statistical purposes and comprises name of the file accessed, date and time of the visit, volume of data transferred, whether it was a successful access, name of visitor’s web browser and domain. In addition to that IP-addresses of visitors’ computers are stored. Any other personal information is only stored if you have voluntarily provided it for example as part of an inquiry or registration.
12.4 Personal data given to MONOWALKER DESIGN are only used to answer inquiries of customers, to process agreements with the customer and for technical administration. Personal data is only given to third parties when it is necessary for the purpose of contract processing or invoicing or if the customer has given his consent in advance. The customer is at any time entitled to withdraw in writing his consent given to MONOWALKER DESIGN, the revocation being effective in the future. Stored personal data is deleted when the customer withdraws his consent of storage, when the information is no longer needed to fulfill the initial purpose of the storage or when the storage is inadmissible because of other legal reasons.
12.5 MONOWALKER DESIGN endeavors to store personal data of the customers with all technical and organizational means in such a way that it is not accessible to third parties. However, when communicating by e-mail we cannot guarantee complete protection of your data. As a consequence we suggest sending confidential information by regular mail.
13. Severability clause
Should one or several parts of the terms and conditions of MONOWALKER DESIGN be or become null and void, invalid or contestable entirely or partly the validity of the remaining regulations shall remain unaffected. In that case the remaining regulations are to be interpreted, shaped or completed that the contractual purpose of the invalid parts is achieved to the greatest extent possible in a legally permissible way.
14. Applicable law and legal venue
The national laws of the Federal Republic of Germany are applicable for the present terms and conditions and contracts concluded with MONOWALKER DESIGN according to these terms. The exclusive jurisdiction and legal venue for all legal disputes shall be Freiburg im Breisgau.