General Terms and Conditions

§ 1 Scope

These General Terms and Conditions (hereinafter "GTC") apply to all contracts concluded between Walger Works GmbH (hereinafter "Walger Works") and the customer via the online shop at walgerworks.com.

Deviating, conflicting or supplementary general terms and conditions of the customer shall not become part of the contract unless their validity is expressly agreed to in writing.

§ 2 Contracting Party

Walger Works GmbH
An der Breite 18
88356 Ostrach
Germany

Managing Director: Robert Walsemann
Commercial register: Amtsgericht Ulm · HRB 750363
VAT ID: DE456907385
Email: info@walgerworks.com

§ 3 Conclusion of Contract

The presentation of products in the online shop does not constitute a legally binding offer, but an invitation to order (invitatio ad offerendum).

By submitting the order, the customer makes a binding offer to conclude a purchase contract. The contract is concluded when Walger Works accepts the order by sending an order confirmation by email or begins execution.

The text of the contract is stored by Walger Works after conclusion of the contract. The customer has access to the order data via the order confirmation.

§ 4 Prices and Payment Terms

All prices stated are final prices in euros (€) and include the statutory value added tax. Additional delivery and shipping costs are shown separately during the order process.

The following payment methods are available:

• Credit / debit card – payment via Stripe. The amount is due upon order confirmation.
• PayPal – payment via PayPal. The amount is due upon order confirmation.
• Advance payment (bank transfer) – payment before production begins. Bank details are provided with the order confirmation. Production begins once payment is received.

In the case of advance payment, Walger Works reserves the right to begin production only after full payment has been received.

§ 5 Delivery

Walger Works delivers exclusively to addresses within Germany and the European Union. The stated delivery times are estimates and begin after order confirmation and, in the case of advance payment, after full payment has been received.

Because the products are custom-made, the delivery time is usually 4–8 weeks. Different delivery times will be communicated during the order process or in the order confirmation.

The risk of accidental loss or deterioration of the purchased item passes to the customer upon handover. When Walger Works ships to a consumer, the risk only passes upon handover to the customer or to a person designated by the customer.

§ 6 Retention of Title

The delivered goods remain the property of Walger Works until the purchase price has been paid in full.

§ 7 Custom Manufacturing and Right of Withdrawal

The roof racks offered by Walger Works are manufactured exclusively as individual custom-made products according to the customer's specifications (selection of variant, colour, number of crossbars and accessories).

Pursuant to § 312g (2) no. 1 BGB, no right of withdrawal applies to contracts for the supply of goods that are not prefabricated and for whose production an individual selection or determination by the consumer is decisive.

The customer is expressly informed of the exclusion of the right of withdrawal during the order process and must consent to it before the order can be completed.

§ 8 Warranty and Liability for Defects

The statutory warranty rights apply. The limitation period for claims for defects in new goods is 2 years from delivery.

In the event of defects, the customer is initially entitled to subsequent performance (rectification or replacement delivery). If the subsequent performance fails or is refused by Walger Works, the customer may demand a reduction of the purchase price or rescind the contract.

The warranty does not apply in the case of improper installation, use of unsuitable material, or unauthorised modifications by the customer.

§ 9 Limitation of Liability

Walger Works is liable without limitation for damages resulting from injury to life, body or health, as well as for damages caused by intent or gross negligence.

For slightly negligent breaches of material contractual obligations (cardinal obligations), liability is limited to damage typical and foreseeable under the contract. Any further liability for slight negligence is excluded.

The above limitations of liability do not apply to claims under the Product Liability Act.

§ 10 Data Protection

Personal data processed in connection with the order is handled in accordance with the Walger Works privacy policy, available on the website at /en-gb/privacy.

§ 11 Final Provisions

The law of the Federal Republic of Germany applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, this choice of law applies only to the extent that the consumer is not deprived of the protection granted by mandatory provisions of the law of the country of habitual residence.

The place of jurisdiction for all disputes arising from contracts with merchants, legal entities under public law or special funds under public law is the registered office of Walger Works.

Should individual provisions of these GTC be invalid, the validity of the remaining provisions shall remain unaffected.

The European Commission provides a platform for online dispute resolution (ODR): https://ec.europa.eu/consumers/odr. Walger Works is not obliged and not willing to participate in a dispute resolution procedure before a consumer arbitration board.