(GERMAN: ALLGEMEINE GESCHÄFTSBEDINGNUNGEN)
For all purchase agreements made on this page, the following terms and conditions apply:
Your contractor and supplier “TAKEaWALK.in” is a service of:
eQuisto Customized Commerce GmbH
Offices: Metzer Str. 15, 10405 Berlin, Germany
Legally registered and headquartered at: Gehrtsstr. 14, 40235 Düsseldorf, Germany
Managing Director: Thomas Janson
Commercial Register: Düsseldorf HRB 40954
VAT ID: DE217116068
1 SCOPE AND PARTIES
(1) These General Terms and Conditions, in the version applicable at the time an order is placed, govern the relationship between eQuisto Customized Commerce GmbH, Gehrtsstr. 14, 40235 Düsseldorf (the “Seller”) and the customer (the “Customer”), and apply to transactions at the Online Store
http://takeawalk.in (the “Online Store”). When placing an order the Customer can access the General Terms and Conditions via the links in the Online Store or save them on his computer and/or print them out. The General Terms and Conditions that apply to the Customer’s order will, however, be sent to him separately, together with the acknowledgment and receipt or contract confirmation, as well as when the goods are delivered, on a durable storage media (e.g. as an e-mail, pdf attachment or printout on paper).
(2) The following company provides customer service for the Online Store on the Seller’s behalf. The Customer may contact it with questions, requests or complaints: eQuisto Customized Commerce GmbH, Metzer Str. 15, 10405 Berlin, Germany, Phone: +493012053530, E-mail:
contact@TAKeaWALK.in
(3) The range of goods in the Online Store is aimed only at consumers of legal age.
2 THE ORDER PROCESS
(1) The Online Store merely constitutes an invitation to the Customer to make an offer to enter into a purchase contract for the goods presented in the Online Store.
(2) The Customer may select items from the Seller’s range of goods and collect these in a “Shopping Bag” by clicking on the “Add to Shopping Bag” button. By clicking on the button “Place order and pay”, the Customer makes an offer to purchase the goods that are in his Shopping Bag (the “Order”).
(3) Goods will only be delivered in the quantities usual for private households.
(4) Before placing an Order, the Customer can view and amend the details of his Order at any time by clicking on the “Shopping Bag & Checkout” button.
(5) After submitting his Order, the Customer will automatically be sent an acknowledgment of receipt by e-mail with a summary of the details of his Order. This automatic acknowledgment of receipt does not constitute acceptance of the Customer’s offer by the Seller; it merely documents the fact that the Seller has received the Customer’s Order.
(6) A binding contract of sale is first concluded when the Seller accepts the Customer’s Order. The Seller is entitled but not obliged to accept the Customer’s offer within 7 days from its receipt. The Seller declares its acceptance by sending the Customer a dispatch confirmation by e-mail (also referred to as the “Contract Confirmation”).
(7) If several items are included in an Order, a contract is only concluded in respect of the items expressly mentioned in the Contract Confirmation.
(8) The aforegoing also applies where, due to his selected method of payment, the Customer has already paid the purchase price or given payment instructions before the conclusion of the contract. If for any reason no contract is concluded, the Seller will notify the Customer of this by e-mail (in the case of contractual acceptance in respect of part of the Order, it will do this together with Contract Confirmation in respect of available items), and refund the Customer the pre-payment without delay.
(9) The Customer’s statutory right of withdrawal (see § 7) remains unaffected by the preceding provision.
(10) The contract is concluded in English. The Seller will save a copy of the contract wording (consisting of the Order, the General Terms and Conditions and the Contract Confirmation), and forward it to the Customer.
3 DELIVERY, DELIVERY TIMES, AVAILABILITY OF GOODS
(1) Unless agreed otherwise, the goods will be delivered to the Customer at the delivery address provided. Delivery is only available within the above-mentioned countries. The Seller will notify the Customer of the delivery time, where appropriate, during the order process, and in the dispatch confirmation. Unless otherwise stated, delivery time for standard deliveries will be approximately 2 to 5 business days from the contract confirmation within the European Union and 5 to 10 business days outside of the European Union (subject to availability). Further information about dispatch options, the carriers used and the delivery process may be viewed on the Online Store’s information pages.
(2) After the goods have been handed over to the carrier, the Customer will receive an e-mail with a confirmation of dispatch from the Seller. The delivery is made through DHL.
(3) If the Seller is unable for reasons beyond his control to meet a binding delivery deadline (unavailability of goods, for example, due to failure of the Seller’s own supplier to deliver or force majeure), it will inform the Customer without delay and, where applicable, specify a new estimated date of delivery. If the new delivery time is unacceptable to the Customer or the goods are also not available within the new delivery time or not available at all, either party will be entitled to rescind the contract in respect of the goods concerned; in this case the Seller will give the Customer a refund for any payment already made. Any statutory rights of the parties will remain unaffected.
4 PRICES AND DELIVERY CHARGES
(1) All of the prices listed on the Seller’s website include the currently applicable statutory value-added tax.
(2) The Seller will notify the Customer, where applicable, of the delivery charges as well as of any additional charges, e.g. for gift wrapping, on the order form immediately before the Order is placed. The Customer will bear the notified delivery charges and any additional charges.
5 PAYMENT
(1) The Seller only accepts the methods of payment shown during the order process.
(2) To protect itself against the risk of default in payment by the Customer, the Seller reserves the right to exclude certain methods of payment in an individual case.
(3) For orders we offer the payment methods credit card, PayPal, and – if feasible – bank transfer. We reserve the right to exclude certain payment for certain clients.
(4) If you are paying by credit card, the value of the order will be debited from the account upon order completion.
(5) If you are paying via bank transfer you only need the account number, bank code, PIN and TAN. The purchase amount is immediately transferred to the merchant´s account. If you select the payment method, a pre-filled form is automatically opening. This already includes our bank details. Moreover, the transfer amount and intended use are already displayed in the form.
6 GIFT CARDS
TAKEaWALK.in Printed and Virtual Gift Cards are sold subject to the following terms and conditions:
(1) Gift Cards are valid for 12 months from date of purchase.
(2) Gift Cards can be redeemed against all products on takeawalk.in.
(3) Gift Cards may not be returned or redeemed for cash.
(4) If your order total is less than the value of the Gift Card, the remaining balance will stay credited and will be redeemed against subsequent orders. In this case please contact our support via
contact@TAKeaWALK.in
(5) If your order exceeds the value of the Gift Card the exceeding amount must be paid additionally.
(6) If you return products you have purchased using a Gift Card, the remaining balance will stay credited and will be redeemed against subsequent orders.
(7) Gift Cards will be send to the buyer once the full order has been processed and payment has been taken.
(8) TAKEaWALK.in is not responsible if a Gift Card is lost, stolen, destroyed or used without permission.
(9) TAKEaWALK.in reserves the right to cancel a Gift Card if we deem such action necessary.
(10) Sales tax and shipping is applicable on any products purchased with a TAKEaWALK.in Gift Card.
7 Retention of Title
The goods remain the property of the Seller until the Customer has paid the purchase price in full.
8 RIGHT OF WITHDRAWAL
(1) Consumers as defined in § 13 German Civil Code have a legal right of withdrawal in the case of goods bought at a distance. In accordance with the legal provisions, we would like to inform you about this right as follows:
INSTRUCTIONS ON WITHDRAWAL
RIGHT OF WITHDRAWAL
You have the right to withdraw from this contract within fourteen days without giving any reason. The time limit begins after receipt of this instruction in text form, however not before receipt of the goods by the recipient (in case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also not before the fulfilment of our obligations under Article 246 §2 in connection with §1 paragraph 1 and 2 draft law and our obligations according to §312e Section 1 Clause 1 German Civil Code in conjunction with Article 246 §3 German Civil Code. To exercise your right of withdrawal, you must inform us (see below for contact details) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the attached model withdrawal form, but it is not obligatory. You can also download a withdrawal form on our website electronically. You can also exercise your right of withdrawal by returning the relevant item to us within the time limit for withdrawal; no separate declaration is then necessary. To exercise your right of withdrawal within the withdrawal period, it is sufficient for you to send a notice concerning your exercise of the right of withdrawal before that period has expired. Contact details for the exercise of the right of withdrawal: To exercise your right of withdrawal by letter, please write to:
eQuisto Customized Commerce GmbH, Metzer Str. 15, 10405 Berlin, Germany
To exercise your right of withdrawal by e-mail, please e-mail us at
contact@TAKeaWALK.in
To exercise your right of withdrawal by telephone, please phone: +493012053530
To exercise your right of withdrawal by returning the goods, please send them to: eQuisto Customized Commerce GmbH, Metzer Str. 15, 10405 Berlin, Germany
EFFECTS OF WITHDRAWAL
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the economical standard delivery offered by us), without undue delay and in any event not later than 14 days from the earlier of the day on which we receive the returned goods from you or evidence that you have sent them back. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless we have expressly agreed otherwise with you; in any event, we will not impose any fee for such reimbursement. We may withhold reimbursement until we have received the returned goods or until you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods or hand them over to us without delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us (see above). The deadline is met if you send back the goods before the period of fourteen days has expired. We will bear the cost of returning the goods for you if you use the pre-printed returns label which was included in the delivery. Otherwise you will bear the direct cost of returning the goods. You are only liable for any diminished value of the goods if the goods were handled in a manner other than that necessary to establish the nature, characteristics and functioning of the goods.
EXCLUSION OF THE RIGHT OF WITHDRAWAL
No right of withdrawal exists inter alia in the case of contracts for the supply of – non-prefabricated goods made on the basis of an individual choice of or decision by the consumer or which are clearly personalised, – the supply of sealed goods which were unsealed after delivery and are thus not suitable for return due to health protection or hygiene reasons.
9 WARRANTIES
The Customer has certain rights under the law. These include:
(i) that any products supplied by the Seller will be of satisfactory quality, fit for their intended purpose, and will conform to any description given on the Online Store and
(ii) certain remedies if a product is defective.
Nothing in these General Terms and Conditions is intended to affect these rights. The Seller will only be liable for loss or damage in accordance with the provisions of § 9.
10 LIABILITY
(1) The Seller does not exclude liability for fraud or for death or personal injury caused by its negligence or that of its employees or agents.
(2) The Seller is not responsible for losses and damage that the Customer might suffer which are: – not caused by the Seller’s breach of these General Terms and Conditions; – a side effect of the main loss or damage and which are not reasonably foreseeable by you and us when the Customer begins to use the Website; a result of the Seller’s failure to provide the Website (or any part of it) or withdrawal of products from the Website or a result of our refusal to accept an order for any reason; – caused by a distributed denial-of-service attack, virus or other technologically harmful material that may affect your computer equipment, programs, data or other material due to the Customer’s use of the Website (including your downloading any content from the Website or any website linked to it); – failure by the Seller to meet any of its obligations where it is prevented from doing so by events beyond its control (including, but not limited to, fire, flood, storm, riot, civil disturbance, war, nuclear accident, terrorist activity and acts of God).
(3) The Seller’s total liability to the Customer for any loss or damage arising in connection to this Agreement will be limited to 150% of the value of products purchased by the Customer.
(4) The aforementioned limitations on liability are also valid for the legal representative and agents of the Seller.
(5) The aforementioned limitations on liability do not apply where the Seller has fraudulently concealed a defect or has guaranteed that the goods are of a certain nature.
11 CHOICE OF LAW AND JURISDICTION
(1) Contracts between the Seller and the Customer as well as these General Terms and Conditions are governed by the laws of Germany. Berlin is the exclusive place of jurisdiction for all disputes arising indirectly resulting disputes.
(2) The contractual language is English
(3) These terms and Conditions as well as the further relationship between TAKEaWALK.in and the customer are subject to German law. The CISG does not apply.
12 DISCOUNT CODES
(1) Multiple discount codes cannot be combined for a purchase.
(2) Discount codes cannot be used for products which are already on sale.
Effective Date: May 26, 2017
Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:
The European Commission provides a platform for online dispute resolution (OS), which is accessible at http://ec.europa.eu/consumers/odr/. We are neither obliged nor willing to participate in dispute settlement proceedings before a consumer arbitration board.
