GENERAL TERMS AND CONDITIONS
December 09, 2020
Below are our GENERAL TERMS AND CONDITIONS for all orders with the Walberg Urban Electrics GmbH, Alter Wandrahm 6, 20457 Hamburg.
The GENERAL TERMS AND CONDITIONS B2C-ORDERS IN THE ONLINE SHOP (under A. below) apply only to orders from consumers in our online shop. For orders from entrepreneurs – via our online shop or otherwise – our GENERAL TERMS AND CONDITIONS B2B (ON- AND OFFLINE ORDERS) apply exclusively (!) (under B. below). A “consumer” within the meaning of these General Terms and Conditions of Business is any natural person who concludes a legal transaction for a purpose which cannot be attributed to either his or her commercial or his or her self-employed professional activity. An “entrepreneur” within the meaning of these General Terms and Conditions of Business is any natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of his or her independent professional or commercial activity. We only accept orders from consumers through our webshop (the-urban.com).
GENERAL TERMS AND CONDITIONS
B2C-ORDERS IN THE ONLINE SHOP
1. Contracting party
The seller and thus your contractual partner is Walberg Urban Electrics GmbH.
2. Conclusion of the contract
2.1 The presentation of products in the online shop does not represent a binding offer, but rather a non-binding online catalog. By clicking the Order button, you are submitting a binding order for the goods in your shopping cart. Confirmation of order receipt is sent by e-mail immediately after submitting the order and does not constitute acceptance of the contract with the exception that the order confirmation does indeed constitute acceptance of the contract if the buyer has to make an advance payment.
2.2 If the buyer does not have to make an advance payment we can accept the order by sending a statement of acceptance in a separate e-mail or by delivery of the goods, with receipt by the customer constituting the acceptance of contract.
2.3 The contract text is achieved by the seller and can be accessed in the buyer’s account. If the buyer does not create an account the contract text will not be available for the buyer upon concluding the order.
3. Cancellation policy
Consumers have the following right of cancellation:
Right of cancellation
You have the right to cancel this contract within fourteen days without giving any reason. The cancellation deadline is fourteen days from the day on which you or a third person you have designated, other than the carrier, took material possession of the goods.
To exercise your right of cancellation, you must inform us by way of a definitive statement (e. g. a letter sent by post, a fax or an e-mail) about your decision to cancel this contract:
Walberg Urban Electrics GmbH, Alter Wandrahm 6, 20457 Hamburg, Phone: +49 (0)40 – 320 27 08 – 0, email@example.com, www.the-urban.com
You may also complete and send the included cancellation form template, which is not required. To meet the deadline for cancellation, you only have to send notification that you wish to exercise your right to cancellation prior to expiry of the deadline.
Consequences of cancellation
If you cancel this contract, promptly and no later than fourteen days after the date on which communication of your cancellation of this contract was received by us, we must refund to you all payments we have received from you, including delivery costs (with the exception of additional costs ensuing from a different type of delivery you chose instead of the less expensive, standard delivery). For this refund, we will use the same payment method you used for the original transaction, unless something different was expressly agreed with you; in no case will charges be incurred to you as a result of this refund. We may withhold the refund until the goods have been returned to us or until you are able to provide evidence to us that you sent back the goods, depending on which is the earlier point in time. Promptly and in any case no later than fourteen days after the date on which you informed us of cancellation of this contract, you must send back or drop off the goods to us. The deadline is met if you send the goods prior to expiry of the fourteen-day deadline. You must 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 ascertain the nature and functioning of the goods.
Cancellation form template
(If you want to cancel the contract, then fill in this form and send it back to us:)
— Walberg Urban Electrics GmbH, Alter Wandrahm 6, D-20457 Hamburg, Germany, firstname.lastname@example.org
— I/we (*) hereby withdraw from the contract concluded by me/us (*) for purchase
of the following goods (*)/rendering the following services (*)
— Ordered on (*)/received on (*)
— Name of the consumer(s)
— Address of the consumer(s)
— Signature of the consumer(s) (only if on paper)
(*) Delete where appropriate.
4. Prices and terms of payment
4.1 Prices and payment terms are stated in the product presentation in the shop.
4.2 For deliveries to countries outside the European Union, in individual cases additional costs which are not under our direct control must be borne by the customer. They include, for example, costs for the transfer of money via credit institutions (e.g. transfer fees, exchange rate charges) or import duties or taxes (e.g. customs duties). Further information is available at http://ec.europa.eu/taxation_customs/dds2/taric/taric_consultation.jsp?Lang=en
4.3 If advance payment has been agreed, payment shall be due immediately upon conclusion of the contract. In the case of payment by PayPal or credit card, the invoice amount shall be charged immediately after clicking the “Buy now” button at the end of the ordering process.
5. Delivery and shipping terms
5.1 The goods shall be normally delivered via the transport routes and to the delivery address specified by the customer at the time of the order. However, if payment by PayPal was selected, the delivery address specified by the customer at the time of payment is authoritative.
5.2 Should the goods fail to be delivered through the fault of the customer, despite three delivery attempts, we are entitled to cancel the contract. If necessary, any payments made will be promptly refunded to you.
5.3 If goods are delivered with obvious transport damage please immediately report such errors to the deliverer and get into contact with us as soon as possible at (email@example.com / +49 (0)40 – 320 27 08 – 0). Failure to lodge a complaint or to contact us has no consequences for statutory warranty rights. You will, however, be helping us to be able to assert our own claims against the carrier or the transport insurance company.
6. Liability for defects and warranty
The warranty is subject to the statutory provisions regarding the liability for defects.
7. Applicable law, Language of Contract, Reservation of Title
7.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the Parties, but only to the extent that this does not lead to a conflict with compulsory provisions of the law of the state in which the consumer has his or her habitual place of residence.
7.2 The contract language is Spanish (Shop Spain), French (Shop France), English (Shop United Kingdom/Shop International) and German (Shop Germany).
7.3 The goods shall remain our property until payment is made in full. Prior to the transfer of ownership, pledging, transfer by way of security, processing or transformation is not permitted without our consent.
8. Ratenkauf per easyCredit
8.1 In the case of the payment method Ratenkauf per easyCredit, we assign our payment claim to TeamBank AG Nuremberg, Beuthener Str. 25, 90471 Nuremberg, Germany, and the Supplementary General Terms and Conditions for Ratenkauf per easyCredit https://www.easycredit-ratenkauf.de/wp-content/uploads/2020/04/ratenkauf_haendler_AGB_2018.pdf, which can be accessed under the aforementioned link, shall apply in addition
8.2 In the case of Ratenkauf per easyCredit, you consent to the transfer of your personal data and that of the order to TeamBank AG within the scope of your order for the purpose of identity and credit checks as well as the processing of the contract. For further information, please refer to the TeamBank AG data protection notice, which can be accessed via the following link: https://www.easycredit-ratenkauf.de/datenschutz/
8.3 We can currently only offer the payment method Ratenkauf per easyCredit to customers residing in Germany.
9. Klarna invoice and Klarna instalment purchase
We assign our claims against you to KLARNA and payment is made directly to KLARNA. Payment is governed by Klarna's terms and conditions and Klarna’s data protection information which are available under www.klarna.com. If you use Klarna invoice you have a payment period of 14 days upon receipt of goods. If you use Klarna instalment purchase payment is made in variable monthly instalments of at least 1/24 of the total amount (but at least € 6.95).
Klarna invoice is currently available for costumers residing in: SE, NO, FI, DE, NL, AT, CH, US, UK, DK, AU.
Klarna instalment purchase is currently available for costumers residing in SE, NO, FI, DE, AT, US, UK, DK
10. Klarna Pay Sofort / Pay Now
We assign our claims against you to KLARNA and payment is made directly to KLARNA. Upon finalizing your order, you will be redirected to an external website and can choose from the options the payment service provider offers. The general terms and conditions of the external service provider for payment processing are displayed there. We can currently offer this payment method only to customers residing in Germany.
11. Alternative dispute resolution
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), which can be accessed at http://ec.europa.eu/consumers/odr. We do not take part in a dispute settlement procedure before the universal arbitration board.
GENERAL TERMS AND CONDITIONS B2B
(ON- AND OFFLINE ORDERS)
1.1 These Terms and Conditions shall apply to all business transactions, including future transactions. Conflicting terms and conditions are excluded.
1.2 If we carry out orders without having reached an agreement which terms and conditions of business shall apply, the terms and conditions of business of both Parties shall apply to the extent that they are not contradictory.
1.3 If we concluded a written framework agreement regarding the delivery of products with the buyer (e. g. a distributor agreement) these Terms and Conditions shall only apply if and as far as the written framework agreement does not contain a provision that is more specific or in conflict with these Terms and Conditions.
1.4 In case of a conflict between the different language versions of these Terms and Conditions the German version is authoritative.
2. Conclusion of the contract
An order only becomes binding if (1) we send an offer to the buyer by email or fax or in writing (2) the buyer accepts the offer and (3) we confirm acceptance of the order either by sending a confirmation by email or fax or in writing or by shipping the goods or sending the respective invoice. The order acceptance by us becomes effective even if it is not received by the buyer.
3.1 If no specific delivery period has been agreed, it shall begin 5 working days after conclusion of the contract. If advance payment has been agreed, the delivery period shall begin 5 working days after we have received the money.
3.2 Our duty to deliver shall in any case be subject to correct and timely delivery of our suppliers to us.
3.3 The seller reserves the right to make changes to the design or form, deviations in shade of color as well as changes to the scope of delivery, provided the changes are reasonable from the buyer’s perspective.
3.4 The seller is entitled to make partial deliveries.
4.1 Our prices are generally understood to be exclusive of value added tax, untaxed in export.
4.2 Unless otherwise agreed, our deliveries are Ex Works (EXW). Costs and risk of transport as well as packaging costs shall be borne by the buyer.
If the purchased item is not accepted after a reasonable grace period, we are entitled to cancel the contract and claim damages in accordance with Section 326 BGB (German Civil Code). The damages to which we are entitled shall amount to at least 20 % of the purchase price. The buyer has the right to demonstrate that the damage was lower.
6. Payment and payment method
6.1 Unless individually otherwise agreed, the parties agree on advance payment. The seller is, further, entitled to refuse payment terms which were individually agreed on by using reasonably exercised discretion if relevant circumstances for the payment terms change or become obvious to the seller (e. g. if the general credit status of the buyer changes or if seller learns of payment defaults of buyer).
6.2 The buyer may only offset or assert a right of retention regarding such claims of buyer that are undisputed, legally established or acknowledged by us.
6.3 Should the buyer fail to make payments in accordance with the contract, we shall be entitled to interest on the due date or default interest at a rate of 8 % p.a. above the base rate in accordance with Section 1 of the German Discount Transition Act. The right to assert any further damages that may have occurred remains reserved. The buyer is entitled to demonstrate that we have not incurred any damage or a lower damage as a result of default.
6.4 If the buyer is in default of payment, all outstanding claims, including those not yet due or deferred, shall become due for payment immediately. We shall not be obliged to make any further performance before payment has been made in full.
7. Warranty for defects and general liability
7.1 The following limitations shall apply to any legal warranty for defects:
7.1.1 Warranty rights of the buyer presuppose that the buyer has properly fulfilled his or her obligations to inspect and lodge a complaint. Section 377 HBG (German Commercial Code) / Art. 39 CISG shall remain unaffected.
7.1.2 Warranty claims shall become time-barred 12 months after delivery of the goods supplied by us to our buyer. Our consent must be obtained before any return of the goods.
7.1.3 Should the delivered goods have a defect that was already present at the time of the transfer of risk, we shall, subject to timely notification of defects, either repair the goods or deliver replacement goods at our discretion. We must always be given the opportunity for curing the defects within a reasonable period (“cure”).
7.1.4 Should cure fail, the buyer may – without prejudice to any claims for damages – withdraw from the contract or demand a reduction in payment.
7.1.5 Claims for defects shall not exist in the event of only insignificant deviation from the agreed quality, only insignificant impairment of usability, natural wear and tear or other cases of wear and tear as well as damage arising after the transfer of risk as a result of incorrect or negligent handling, excessive strain, unsuitable operating materials or due to special external influences which are not foreseen under the contract. If improper repair work or modifications are carried out by the buyer or third parties, no claims for defects shall exist for these and the resulting consequences.
7.1.6 Claims of the buyer regarding the expenses required for the purpose of cure, in particular transport, travel, labor and material costs, shall be excluded if the expenses increase because the goods delivered by us have subsequently been taken to a place other than the buyer's branch office, unless the transfer corresponds to the intended use of the goods under the contract. If goods are returned for the purpose of cure the costs transport from buyer to seller and from seller to buyer shall be borne by the buyer; this shall also apply in the event of multiple returns.
7.1.7 Section 7.1.6. shall apply accordingly to right of recourse against the supplier (if and as far right of recourse exists).
7.1.8 Regarding orders that are not governed by the CISG any non-waivable rights of the buyer as per sections 478, 479 of the German Civil Code (“Recourse of the entrepreneur”) shall remain unaffected by this section 7. 1
7.2 Regarding general liability – outside of the scope of the warranty for defects as per 7.1 – we shall only be liable as follows:
7.2.1 In the case of slight negligence, we shall only be liable in the event of a breach of material contractual obligations (cardinal duties), such as those (i) which the contract intends to impose on us in terms of its content and purpose or (ii) whose fulfillment is essential for the proper execution of the contract and on whose observance the buyer usually relies and may rely. The liability for slight negligence and the infringement of cardinal duties is, further, limited to the typical damage foreseeable at the time of conclusion of the contract.
7.2.2 The personal liability of our legal representatives, any persons who we use to perform our obligations and our employees for damage caused by them through slight negligence is also limited to the extent described in the previous section.
7.2.3 Liability in (i) the event of fraudulent concealment of a defect, (ii) from the assumption of a guarantee or (iii) a procurement risk and under the (iv) German Product Liability Act shall remain unaffected. Limitations of liability as per section 7. 1. And. 7. 2 shall not apply in the event of injury to life, body or health.
7.3 Any claim for damages of the buyer requires a culpability of the seller. This applies with respect to the warranty for defects as well as with respect to the general liability of the seller. We are especially not liable for force majeure.
7.4 Buyer purchases the goods for resale for private use by final customers as buyers. Walberg Urban Electrics GmbH shall not assume any warranty and/or liability for any commercial use (sharing, rental, etc.).
7.5 Any warranty claims may only be asserted via the portal under https://the-urban.com/int/Service/ stating the information requested there.
8. Reservation of title
8.1 We reserve title to all delivered goods until receipt of all payments arising from the business relationship. If the buyer breaches contract, in particular in the event of default in payment, we shall be entitled to remove and to commercialize the delivered goods. The buyer hereby grants us a corresponding right of removal. Removal does not constitute cancelation of the contract. In case of removal, the buyer must pay compensation for any loss of value of the purchased item, in particular due to the passage of time. The parties agree that the loss of value is deemed to be 10 % of the purchase price per month.
8.2 The buyer is entitled to dispose of the item delivered by us in the normal course of business. By ordering from us the buyer assigns to us the present or future claims against his or her customers obtained through the sale of the ordered items to secure all our claims from our business relationship with the buyer. We hereby accept the assignment. We are entitled to disclose the assignment at any time. Furthermore, we are entitled to demand information from the buyer as to whom the goods have been resold.
8.3 The buyer undertakes to insure the delivered goods against all usual risks. By ordering from us the buyer assigns assign the present or future claims that the buyer may have under such an insurance policy against the insurance company to us. We hereby accept the assignment.
8.4 If and as far as the value of the securities granted to us exceeds our total claim arising from the business relationship by more than 20 %, we are obliged to release or reassign them at the request of the buyer.
9. Exclusion of further assurances
9.1 The products shall be used in accordance with product specifications and the relevant legal requirements, which the buyer is responsible for checking. The products are especially designed for use by individual end customers and not for use as rental or sharing scooters. The seller does not assume any warranty in this respect and excludes any warranty towards the buyer in this respect.
9.2 In the event of a breach of 9.1 – also by way of direct or indirect resale for such purposes – the buyer shall indemnify the seller against any third party claims deriving from such a breach.
10. Place of performance and applicable law
10.1 The place of performance is Hamburg. Hamburg shall also be the place of jurisdiction for contracts with registered traders and legal entities under public law.
10.2 German law shall apply to sales to Germany. For deliveries to customers with a seat of business outside of Germany (export) the uniform UN Convention on Contracts for the International Sale of Goods shall apply. In particular, Sections 478 et seq. of the German Civil Code (“Recourse of the entrepreneur”) do not apply to exports.