§ 1 Preface, Area of Application

The General Terms and Conditions regulate the contractual relationship between the MELONET Christmann, Daniel and Schermer, Thomas GbR, Eifelstraße 10-12, 53119 Bonn and the individuals and entities, who/which use the Internet offer of the MELONET Christmann, Daniel and Schermer, Thomas GbR (in the following called the buyer). The GTC pertain to the use of the website walkonthewildside.eu as well as to all subdomains which belong to this domain.

§ 2 Contract Conclusion

(1) The offers from MELONET Christmann, Daniel and Schermer, Thomas GbR on the Internet represent a non-binding invitation to the buyer to order merchandise at walkonthewildside.eu.

(2) By ordering the desired object of purchase on the Internet, the buyer submits a binding offer for the conclusion of a sales contract.

(3) MELONET Christmann, Daniel and Schermer, Thomas GbR has the right to accept this offer within 1 day by sending an order confirmation. The order confirmation is transmitted via email. After a fruitless expiration of the deadline indicated in subsection 1??, the offer is regarded as rejected.

§ 3 Right of Cancellation

You can withdraw from your contractual declaration within one month without stating reasons in writing (e.g. letter, fax, email) or by returning the merchandise. The deadline begins on the day the merchandise is received or if it is a case of repeated delivery, on the day the addressee receives the first partial delivery, at the earliest however with the receipt of this policy. Punctual dispatch of the cancellation or the merchandise suffices to ensure the deadline. The cancellation is to be sent to:

§ 4 Cancellation Consequences

In the event of an effective cancellation the mutually rendered services are to be released and if applicable, profits which were made released (e.g. interest). Should you not be able to release the rendered service either completely or partially or only in a declined condition, you will have to render value replacement in this respect if applicable. This does not apply in the case of surrendered merchandise if the decline of the merchandise can be solely attributed to its examination - as it would have been possible in a store. Furthermore you can avoid the obligation of value replacement by not using the merchandise as an owner would and by refraining from anything which affects its value. Package transportable merchandise is to be returned. You are to bear the costs for the return shipment if the delivered merchandise corresponds to the merchandise ordered and if the price of the merchandise being returned does not exceed the amount of 40 Euros or in the case of a higher price of the merchandise, you have not yet rendered the return service or a contractually stipulated partial payment at the time of cancellation. Otherwise the return shipment is free of charge. Merchandise not suitable for parcel shipment will be picked up at your location. You must fulfil obligations for the reimbursement of payments within 30 days after sending your cancellation notice.

End of the cancellation policy

§ 5 Payment, Payment Dates, Default of Payment

(1) Payment of the merchandise is effected by prepayment and C.O.D. and by credit card and bank collection. Payment via C.O.D. is only possible for shipments within Germany. We reserve the right to accept or exclude certain payment methods in individual cases.

(2) In the case of payment by prepayment, the customer is obligated to pay the purchase price immediately after contract conclusion. In the case of payment by C.O.D., the customer is obligated to pay the purchase price upon delivery of the merchandise. As far as invoice payment was stipulated, the customer is obligated to pay the invoice within 14 days after receipt of the merchandise. In the case of bank collection, direct debiting will take place within one week after contract conclusion and in the case of payment by credit card, direct debiting will be take place after shipment of the merchandise.

(3) Should the customer be in default of payment, he/she is, in the meantime, responsible for every negligence. Because of the payment, he/she is also liable for fortuity unless the damage would also have occurred in the case of punctual payment.

(4) Interest is to be paid on the purchase price during the default. The interest rate on arrears for the year amounts to five percentage points above the base interest rate.

(5) The assertion of further damage claims is not excluded.

§ 6 Delivery

(1) Delivery is effected by sending the object of purchase to the address indicated by the buyer. As far as delivery versus prepayment is stipulated, the time for delivery generally amounts to 3-4 weekdays after receipt of the purchase price. Otherwise the time for delivery generally amounts to 3-4 weekdays after mailing of the order confirmation. This information is non-binding unless otherwise stipulated.

(2) Delivery is effected versus the indicated packaging and shipping costs. Unless otherwise indicated, the price for packaging and shipment for foreign shipments is separately charged according to weight. Should the customer request a special type of shipment for which higher costs accrue, then he/she must also bear these additional costs.

§ 7 Retention of Title

Until complete payment the MELONET Christmann, Daniel and Schermer, Thomas GbR maintains ownership of the object of purchase. Pledging, assignment as security, processing or transformation is not permissible before transfer of ownership without the explicit consent of the MELONET Christmann, Daniel and Schermer, Thomas GbR.

§ 8 Prices

(1) The respective price indicated for the object of purchase is a final price including possibly accruing value-added tax and additional price components. The price does not include costs for delivery and shipping.

(2) With the updating of the Internet site walkonthewildside.eu, all previous prices and other information regarding the object of purchase become invalid.

(3) Relevant for invoice issuing is the price at the time the buyer submits the offer.

§ 9 Withdrawal

(1) MELONET Christmann, Daniel and Schermer, Thomas GbR is entitled to withdraw from the contract, also with regard to a still outstanding partial delivery or service, if incorrect information was given regarding the credit-worthiness of the buyer or objective reasons have arisen regarding the buyer's insolvency, for example filing for an insolvency proceeding against the customer's assets or the rejection of such a proceeding due to lack of cost-covering funds. Before withdrawal the customer is given the opportunity to make an advance payment or provide a suitable security.

(2) Irrespective of possible damage claims, already rendered partial services are, as per agreement, to be accounted and paid for in the case of a partial withdrawal.

§ 10 Guarantee

(1) MELONET Christmann, Daniel and Schermer, Thomas GbR guarantees that the object of purchase is free of defects upon delivery. Should a material defect appear within six months after delivery of the object of purchase, then it is assumed that the object of purchase was already defective upon delivery unless this assumption is inconsistent with the type of object of purchase or defect. Should the material defect not appear until after six months have elapsed, the buyer must verify that the material defect already existed upon delivery of the object of purchase.

(2) Should the object of purchase be defective upon delivery, the buyer has the right to demand either the elimination of the defect or the delivery of an object of purchase which is free of defects as a supplementary performance, according to his/her choice. MELONET Christmann, Daniel and Schermer, Thomas GbR reserves the right to reject the buyer's chosen type of supplementary performance if it is impossible or only possible with excessive costs. In this case the buyer's entitlement is limited to the other type of supplementary performance; the right to also reject this under the conditions of subsection 1 remains unaffected.

(3) Should MELONET Christmann, Daniel and Schermer, Thomas GbR deliver an object of purchase which is free of defects for the purpose of supplementary performance, MELONET Christmann, Daniel and Schermer, Thomas GbR can request the buyer to return the defective object of purchase.

(4) The buyer's claims resulting from defects are subject to a limitation period of two years.

(5) Damages which are caused by actions of the buyer during installation, connection, operation or storage which are inappropriate or contrary to contract do not justify any claims against MELONET Christmann, Daniel and Schermer, Thomas GbR. The inappropriateness and infringement of contract is in particular defined according to the information of the manufacturer of the delivered merchandise.

§ 11 Limitation of Liability

(1) The MELONET Christmann, Daniel and Schermer, Thomas GbR is only liable for damages other than those caused by injury to life, body and health, as far as these damages are based on intentional or gross negligent actions or a culpable breach of a significant contractual obligation by the MELONET Christmann, Daniel and Schermer, Thomas GbR or its vicarious agents. Any further liability for damages is excluded. Claims resulting from a guarantee granted by the MELONET Christmann, Daniel and Schermer, Thomas GbR for the characteristics of the object of purpose and the Product Liability Act remain unaffected hereof.

(2) According to the current state of technology it cannot be guaranteed, that data communication via the Internet is error-free and/or available at all times. Therefore we do not assume liability for the availability of our Internet shop at all times.

§ 12 Data Protection

All individual-related data required for the execution of the order is stored in a machine readable form and treated confidentially. The data required for the processing of an order, such as name and address, is transmitted to the company assigned with the delivery of the object of purchase in line with the execution of the delivery.

§ 13 Jurisdiction

All disputes resulting from this legal relationship are subject to the laws of the Federal Republic of Germany. The validity of the CISG is excluded. Should the buyer not have a general jurisdiction in Germany, the court at the business location of the MELONET Christmann, Daniel and Schermer, Thomas GbR is responsible, provided that an exclusive jurisdiction is not justified for the dispute.

§ 14 Severability Clause

Should a provision of these GTC be invalid or be or become unexecutable, the remaining provisions of these GTC remain unaffected thereof.