Terms of Service

For the sale of the eWalker® - The pocketsize houseboat

The following conditions apply to the sale of inflatable houseboats and accessories. Delivered solely on the basis of the following terms of delivery and payment. The seller's business and purchasing conditions only oblige the seller if he agrees to these.

  1. All agreements must be in writing. Changes, additions and in particular assurances of characteristics are only binding with explicit written confirmation.
  2. Prices and payment
    • The price of the object of purchase is understood without any other deductions plus value added tax. Agreed ancillary services (eg shipping costs) will be charged additionally. The term of payment is 20 days net or 7 days with 2% discount. Private individuals pay in advance. Companies pay with the first order in advance.
    • Payment instructions, checks and bills of exchange are only accepted after special agreement and only on account of payment of all collection and discount charges.
    • If advance payments have been agreed in the contract that are not met by the buyer, the seller may withdraw from the contract and claim damages for non-performance.
    • The buyer can only set off against the claims of the seller if the counterclaim of the buyer is undisputed or judicially determined. He can only assert a right of retention insofar as it is based on claims arising from the purchase contract.
    • In case of late payment default interest in the amount actually incurred, but at least vis-à-vis. 5% above the base lending rate charged to end-users, 9% above the base lending rate to other buyers. The assertion of further interest loss remains reserved to the seller.
  3. Delivery
    • Delivery dates or delivery deadlines must be stated in writing. Delivery periods begin with the conclusion of the contract. If subsequent contract changes are agreed upon, the delivery periods shall be extended by the same period of time between the conclusion of the contract and the amendment of the contract, unless the parties agree otherwise.
    • The seller will only be in default with his delivery obligations if he has been warned by the buyer after expiry of the deadline with a further deadline with a threat of rejection. The grace period must be at least 2 weeks.
    • The seller will not be in default if the delay in delivery is due to circumstances for which he is not responsible. Events of force majeure or breakdowns occurring at the seller or its suppliers, e.g. Strike, lockout, etc., which temporarily prevent the seller without his own fault from delivering the object of purchase on the agreed date or within the agreed period, change the agreed deadlines and deadlines for the duration of the disruption caused by these circumstances
    • If a performance interruption leads to a delay of more than 4 months, the buyer can withdraw from the contract. The buyer may demand the compensation for damages caused by delay if the seller or a vicarious agent of the seller is guilty of intent or gross negligence. In the event of slight negligence, the buyer's claim is excluded.
    • Place of performance is the seller's domicile. If the object of purchase is to be shipped to a place other than the place of performance, the transport costs shall be borne by the buyer, as well as the costs of transport insurance, loading or transfer.
    • Design or shape changes, deviations in the color remain reserved during the delivery time, provided that the object of purchase is not significantly changed and is reasonable for the buyer.
  4. Acceptance
    • The buyer must check the object of purchase immediately upon receipt. If the object of purchase has defects, the buyer must immediately inform the seller in writing. If the buyer fails to do so, the goods are considered approved.
    • If the object of purchase is handed over at a place other than the seller's place of business, the buyer shall bear the risk of shipment from the time at which the object of purchase has been handed over to a haulier.
  5. Reservation of proprietary rights
    • The object of purchase remains the property of the seller until the claims due to the seller under the purchase contract have been settled. The retention of title also remains for all claims that the seller in connection with the object of purchase z. B. due to repairs or spare parts deliveries and other services acquired later.
    • During the period of retention of title, the buyer is entitled to own and use the object of purchase, as long as he fulfills his obligations under the retention of title in accordance with the following provisions of this section and is not in default of payment. If the buyer defaults on payment or does not comply with his obligations under the retention of title, the seller can demand the object of purchase from the buyer and, after threatening to do so within a reasonable period of time, make the best possible use of the object of purchase by setting it off by direct sale. If the seller demands surrender of the object of purchase, the buyer, with the exception of any rights of retention - unless they were based on the purchase contract - is obliged to surrender the object of purchase immediately to the seller. At the request of the purchaser, which can only be pronounced immediately after taking back the object of purchase, a publicly appointed and sworn expert will determine the estimated price at the purchaser's option. The seller is obliged to charge the purchased item at this estimated price. All costs of return and recovery of the object of purchase shall be borne by the buyer. The recovery costs amount to 10% of the proceeds of sale including VAT. They are higher or lower if the seller proves higher or the buyer proves lower costs. The proceeds will be credited to the buyer after deducting the costs and other claims of the seller related to the sales contract.
    • As long as the retention of title exists, the sale, pledging, transfer by way of security, leasing or other assignment of the object of purchase which interferes with the seller's security and its alteration is only permitted with the prior consent of the seller. If the buyer is referred to in the purchase contract as a commercial landlord, he does not require the usual rental agreement.
    • In the event of access by third parties, in particular in the case of seizure of the object of purchase or exercise of the entrepreneur's lien of a workshop, the buyer must immediately inform the seller in writing and inform the third party without delay of the retention of title by the seller. The buyer bears all costs that have to be expended for the removal of the access and for a recuperation of the purchased object, as far as they can not be confiscated by third parties.
    • The buyer has the obligation to keep the object of purchase in orderly condition during the period of retention of title.
  6. Guaranty
    • The seller warrants a faultlessness that corresponds to the respective state of the type of the object of purchase. Warranty claims must be asserted against the seller. The warranty period for used contractual items is one year and begins with the delivery of the contractual item. For private persons the legal guarantee of 24 months applies, for companies of 12 months.
    • The claim of the buyer for subsequent performance is primarily aimed at the elimination of the defect. The buyer should only be able to demand delivery of a defect-free item if complete removal of the defect is not possible.
    • Subsequent improvements must be made immediately according to the technical requirements by replacement or repair of defective parts without calculation of the necessary labor, material and freight costs. The parts installed during the repair are warranted by the purchase contract until expiry of the warranty period of the object of purchase.
    • If the error can not be eliminated or the buyer further attempts to repair are unreasonable and a replacement is not possible, the buyer may demand instead of the rectification of change (cancellation of the contract) or reduction (reduction of the remuneration).
    • The warranty work will be performed at the seller's place of business. The buyer bears the additional costs that result from warranties being provided elsewhere.
  7. Liability
    • The seller is liable without prejudice to the provision no. 6 of this contract and the following limitations of liability without limitation for damage to life, limb and health, which is based on a grossly negligent or intentional breach of duty by him, his legal representatives or his vicarious agents, as well as for damages that are covered by the liability under the Product Liability Act, as well as for damages that are based on intentional or grossly negligent breaches of duty as well as malice of the seller, his legal representatives or his vicarious agents. Insofar as the seller has given a quality and / or durability guarantee with regard to the object of purchase or parts thereof, he is also liable within the scope of this guarantee. However, the seller is only liable for damages that are based on the defect of the guaranteed quality or durability, but do not occur directly on the object of purchase, if the risk of such damage is clearly covered by the quality and durability guarantee.
    • The seller is also liable for damages caused by simple negligence, insofar as this negligence relates to the breach of such contractual obligations, the observance of which is of particular importance for the achievement of the purpose of the contract (cardinal obligations). The seller is only liable if, as far as the damage is typically associated with the contract and foreseeable. For simple negligent breaches of non-essential secondary obligations, the seller is otherwise not liable. The limitations of liability contained in sentences 1 to 3 shall also apply insofar as the liability for the legal representatives, executive employees and other vicarious agents of the seller is affected.
    • Further liability is excluded regardless of the legal nature of the asserted claim. Insofar as the liability of the seller is excluded or limited, this also applies to the personal liability of his employees, employees, employees, representatives and vicarious agents.
  8. Final conditions
    • Place of performance for the delivery of the object of purchase and for all other mutual claims is the seat of the seller.
    • Only German law applies to this purchase contract.
    • The possible ineffectiveness of individual provisions of these terms and conditions shall not affect the validity of the remaining provisions.