General Terms

General Standard Terms and Conditions of Skywalk GmbH & Co. KG

Status: 02/2021

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 formed with:
Skywalk GmbH & Co. KG
Windeckstr. 4
83250 Marquartstein
Germany
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 Arne Wehrlin and Erik Birndt.
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 8641 69480 or by e-mail at shop@flysurfer.com

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 provisions.
(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 goods.
In order to exercise your right of cancellation, you must notify us

Skywalk GmbH & Co. KG
Windeckstr. 4
83250 Marquartstein, Germany
Phone number: +49 8641 69480
E-Mail: support@flysurfer.com

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 is earlier.
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 their qualities.

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.

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 customers shall bear the costs of customs clearance for consignments outside the EU.
(5) We shall be authorized to make partial deliveries provided you can reasonably be expected to accept them.

7. Payment

(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 reminder).
(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 relationship.

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 elapsed.
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 by Skywalk.

9. Warranty

(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.
(3) For 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.

10. Liability

(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.

11. Copyrights

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 of jurisdiction

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 filed.

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 privacy statement.

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.