A. General Terms and Conditions



1 Applicability
2 Conclusion of the contract
3 Cancellation policy & Right of withdrawal
4 Prices and terms of payment
5 Delivery and shipping conditions
6 Liability for defects
7 Applicable law
8 Reservation of title
9 Warranty
10 Final provisions

 

B. Customer Information

1 Seller identity information
2 Essential characteristics of goods or services
3 Conclusion of the contract
4 Payment and delivery
5 Technical steps leading to the conclusion of a contract
6 Saving the contract text
7 Technical means for recognizing and correcting input errors
8 The languages available for conclusion of the contract

--------------------------------------

 

A. General Terms and Conditions

1. Applicability

1.1 

The following terms and conditions of Walberg Urban Electrics GmbH (hereafter referred to as “seller”) apply for all contracts that a consumer or corporate customer (hereafter referred to as “customer”) concludes with the seller regarding the merchandise and/or services presented by the seller in its online shop. The inclusion of the customer’s own conditions is hereby excluded, unless other terms have been agreed.

1.2

For the purposes of these General Terms and Conditions, a consumer is defined as any individual who concludes a legal transaction with a purpose that can be ascribed to neither his/her commercial nor to his/her freelance activity. A corporate customer, within the scope of these General Terms and Conditions, is defined as any natural or legal entity or a business partnership with legal status, which acts in fulfilment of his/her/its commercial or freelance activities when concluding a legal transaction.

 

2. Conclusion of the contract


2.1

The presentation of products in the seller’s online shop does not represent a binding offer, but rather a non-binding online catalogue. By clicking the Order button, you are submitting a binding order for the goods in your shopping cart. Confirmation of the order is made by e-mail immediately after the order is sent and does not yet constitute acceptance of the order.

2.2

We can accept your order by sending a statement of acceptance in a separate e-mail or by delivery of the goods within two working days, with receipt by the customer being authoritative. When delivery terms are indicated as working days, they are understood as weekdays with the exception of Saturdays, Sundays and public holidays at our location in Hamburg, Germany.

2.3

As already stated previously, a binding contract can also be entered into as follows:


If you have chosen the advanced payment option, the contract is entered into upon the immediate sending of the confirmation by e-mail or by the request for payment in the online shop.


If you have chosen the PayPal payment option, the contract is entered into at the time of your confirmation of the payment order to PayPal.
 If you have chosen the DIRECTebanking (Sofortüberweisung) payment option, the contract is entered into at the time of your confirmation of the payment order to SOFORT AG.

If you have chosen the PayLater payment option, a binding contract is entered after Billpay has checked your credit status and has accepted you as a customer for their service.

 

3. Cancellation policy

Consumers have the following right of withdrawal. 

Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period will expire after 14 days from the day (1) on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.

To exercise the right of withdrawal, you must inform us:

Walberg Urban Electrics GmbH
Alter Wandrahm 6
20457 Hamburg
Germany

Tel.: +49 180 580 380 180 
(14 ct/minute incl. VAT from fixed lines (in Germany), maximum 42 ct/minute from German mobile networks incl. VAT)

Fax: +49 40 300 87 119
info@urban-electrics.com

of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, promptly and no later than fourteen days after the date on which communication of your withdrawal from this contract was received by us, we must reimburse 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 reimbursement, 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 reimbursement. We may withhold reimbursement 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 withdrawal from this contract, you must send back or drop off the goods to us, Walberg Urban Electrics GmbH. 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 di-minished value of the goods resulting from the handling other than what is
necessary to establish the nature, char-acteristics and functioning of the goods.

 

4. Prices and terms of payment

4.1

The prices quoted by the seller are final and include the statutory German VAT.

Additional delivery and shipping costs that may apply will be stated separately in the offer for each product presentation.

4.2

In the case of deliveries within Germany, the seller offers the following payment options insofar as nothing to the contrary is stated in the offer for each product presentation:

Bank transfer
PayPal
DIRECTebanking (via Sofort AG)

PayLater (via Billpay)

 If the bank transfer payment method has been selected, we will state our bank details in the order confirmation.

 PayLater

In addition to the Terms and Conditions listed in this section, the Special Terms and Conditions for payment transactions by Billpay will apply, when using Pay Later.
If the Special Terms should be contrary to the general terms and conditions, the Special Terms of Billpay shall prevail.
You may find a complete listing of all Special Terms here for Germany and here for Austria.

4.3

If shipping abroad is additionally offered for the respective item, the customer will have the following payment options for deliveries abroad insofar as nothing to the contrary is stated in the offer for each product presentation:

Bank transfer
PayPal
DIRECTebanking (via Sofort AG)

For deliveries to countries outside the European Union, in individual cases additional costs for which the seller is not responsible may apply and must be borne by the customer. These include, for example, costs for money transfer by credit institutes (e.g. bank transfer fees, foreign exchange fees) or import duties or levies (e.g. customs duties).
Further information is available at:


http://ec.europa.eu/taxation_customs/dds2/taric/taric_consultation.jsp?Lang=en

4.4

If advance payment has been agreed, payment shall fall due immediately upon conclusion of the contract. In the case of payment by PayPal (by credit card, too) and DIRECTebanking, the invoice amount shall be charged immediately after clicking the “Buy now“ button at the end of the ordering process. If PayLater payment option has been chosen, the first monthly payment is due 30 days after the appointment; All other monthly payments are due on the corresponding day of the following month and debited from your account. Therefore your IBAN is needed.

 

5. Delivery and shipping conditions

5.1

The goods shall be normally delivered via the transport routes and to the delivery address specified by the customer. For processing the transaction, the seller's delivery address stated in the order processing is deemed authoritative. Deviating from this, if payment by PayPal was selected, the delivery address the customer specified at the time of payment is authoritative.

Note: If you have selected the payment option Paylater by Billpay delivery can only occur for Germany and Austria. We are not allowed to deliver our goods in other countries than Germany or Austria, if payment option Paylater has been chosen.

5.2

If not otherwise indicated on the product page, all products are immediately available from stock.

5.3

In the following countries, delivery shall take place via the UPS delivery service.

Austria, Österreich

Croatia, Kroatien

Czechia, Tschechien

Denmark, Dänemark

Estonia, Estland

Finland, Finnland

France, Frankreich

Germany, Deutschland

Great Britain incl. Scotland & Wales, Großbritannien

Greece, Griechenland

Hungary, Ungarn

Ireland, Irland

Italy, Italien

Latvia, Lettland

Lithuania, Litauen

Monaco

Netherlands, Niederlande

Poland, Polen

Portugal, Portugal

Slovenia, Slowenien

Spain, Spanien

Sweden, Schweden

 

5.4

The seller offers the following delivery methods: Standard delivery (UPS). Other delivery methods only by individual request. Other delivery methods entail additional charges that shall be borne by the customer.

5.5

We apply the following shipping costs for delivery:

ZONE/Land 0 - 5
KG
5,1 - 21,1 KG 21,2 - 26,1 KG 26,2 - 42,1 KG 42,2 - 47,1 KG 47,2 - 63,1 KG 63,2 - 68,1 KG
1            
Deutschland Germany 8 10 18 20 28 30 38
Dänemark Denmark 15 17,5 32,5 35 50 52,5 67,5
Luxemburg Luxembourg 15 17,5 32,5 35 50 52,5 67,5
Niederlande Netherlands 15 17,5 32,5 35 50 52,5 67,5
Tschechien Czechia 15 17,5 32,5 35 50 52,5 67,5
2              
Österreich Austria 17,5 20 37,5 40 57,5 60 77,5
Frankreich (Festland) France (Mainland) 17,5 20 37,5 40 57,5 60 77,5
Großbritannien Great Britain incl. Scotland & Wales 17,5 20 37,5 40 57,5 60 77,5
Italien Italy ZIP code 10000 - 50999 17,5 20 37,5 40 57,5 60 77,5
Monaco 17,5 20 37,5 40 57,5 60 77,5
Finnland Finland 17,5 20 37,5 40 57,5 60 77,5
Schweden Sweden 17,5 20 37,5 40 57,5 60 77,5
3              
Griechenland (Festland) Greece (Mainland) 23 25 48 50 73 75 98
Irland Ireland 23 25 48 50 73 75 98
Italien Italy ZIP code 51000 - … 23 25 48 50 73 75 98
Portugal (Festland) Portugal (Mainland) 23 25 48 50 73 75 98
Spanien (Festland) Spain (Mainland) 23 25 48 50 73 75 98
4              
Kroatien (nur Zagreb) Croatia (only Zagreb) 30 35 65 70 100 105 135
Polen Poland 30 35 65 70 100 105 135
Slowenien Slovenia 30 35 65 70 100 105 135
Slowakei Slovakia 30 35 65 70 100 105 135
5              
Ungarn Hungary 35 39 74 78 113 117 152
Estland Estonia 35 39 74 78 113 117 152
Lettland Latvia 35 39 74 78 113 117 152
Litauen Lithuania 35 39 74 78 113 117 152
6              
Griechenland (Inseln) Greece (Islands) 50 55 105 110 160 165 215
Spanien (Balearen) Spain (Balearic Islands) 50 55 105 110 160 165 215
Frankreich (Korsika) France (Corsica) 50 55 105 110 160 165 215
Kroatien Croatia 55 60 115 120 175 180 235
Spanien (Kanaren, Melilla) Spain (Canary Islands, Melilla) 350 650 1000 1300 1650 1950 2300

5.6

Unless otherwise specified in the offer, delivery time is 3-5 days within Germany. In countries of the EU delivery time is 5-7 days. In countries outside the EU, delivery shall take place within 7-10 days. Note: If you have selected the payment option Paylater delivery time can be up to 2 days longer.

5.7

Should not all ordered products be in stock, we are entitled to make partial deliveries at our expense, insofar as this is reasonable for you.

5.8

If the delivery of the goods fails three times, we are entitled to withdraw from the contract. If necessary, any payments made will be promptly reimbursed to you.

5.9

If goods are delivered with obvious transport damages please immediately complain about such mistakes to the deliverer and get into contact with us as soon as possible at info@egret.de / Tel.: +49 180 580 380 180  
(14 ct/minute incl. VAT from fixed lines (in Germany), maximum 42 ct/minute from German mobile networks incl. VAT)

5.10

Failure to file a complaint or get into contact with us has no consequences for your legal warranty rights. However, you will be helping us to be able to assert our own claims against the carrier or the transport insurer.

6. Liability for defects

The statutory liability for defects shall apply.

7. Applicable law

7.1

The laws of the Federal Republic of Germany apply for all legal relationships of the parties, excluding the laws governing the international sale of commodities. For consumers, this choice of law only applies to the extent that the granted protection is not withdrawn by mandatory legal provisions of the law of the country or state in which the consumer normally resides.

7.2

If the customer is a merchant, public entity or a special fund under public law, the sole place of jurisdiction for all disputes resulting from this contract is the seller's business location. The same applies if the customer has no general jurisdiction in Germany or the EU, or residence, or if the usual place of residence is unknown at the time of commencement of an action. The authority to also invoke the court of another legal jurisdiction remains unaffected by this.

7.3

The contract language is German.

8. Reservation of title

The goods shall remain our property until payment is made in full. Before transfer of ownership, the customer is not entitled to pledge, assign as security. process or remodel merchandise without our consent.

9. Warranty

The warranty is subject to the statutory provisions.

10. Final provisions

If any provision of these Terms and Conditions is or becomes invalid, the remainder of the contract shall remain valid. In place of the invalid provision, the relevant statutory provisions shall apply.

 

B. Customer information

1. Seller identity information

Walberg Urban Electrics GmbH
Alter Wandrahm 6
20459 Hamburg
Germany
info@urban-electrics.com
Tel.: +49 180 580 380 180  
(14 ct/minute incl. VAT from fixed lines (in Germany), maximum 42 ct/minute from German mobile networks incl. VAT)

Managing Director: Florian Walberg
Hamburg District Court: HRB 51557

VAT ID in accordance with Section 27 of the German Value Added Tax Act: DE 154 162 969

2. Essential characteristics of goods or services

The essential characteristics of the goods or services result from the respective product description posted in the online shop.

3. Conclusion of the contract

The contract is entered into in accordance with Section 2 of the seller’s General Terms and Conditions (see above).

4. Payment and delivery

Payment takes place in accordance with Section 4, and delivery in accordance with Section 5 of the seller’s General Terms and Conditions (see above).

5. Technical steps leading to the conclusion of a contract

The conclusion of a contract takes place by way of offer and acceptance.

5.1

If the customer is using the seller’s online order form to place an order, his offer is submitted as follows:

On the seller’s product page, the customer first clicks on the “Add to cart” button. A small window then opens at the top right of the screen showing the content of the cart.

Next, the customer either clicks on “Cart” to open up a new page or directly on the “Checkout” button to start the ordering process.

The ordering process is divided into the following steps:

Summary
This provides a summary of all of the items in the cart (with an option for changing the quantity). Clicking the “Proceed to checkout” button takes the customer to the next page.

Login
The customer either creates a new account or, if previously registered, enters his e-mail address and password.

Address -> Entry of billing and delivery address
The customer enters his delivery and billing address and also has the option of entering a different delivery address.
After completing the form, the customer then clicks the “Next >>” button.

Shipping -> Overview of shipping costs
The customer sees an overview of shipping costs and clicks the “Proceed to checkout” button.

Payment -> Selection of payment option.
A new page opens, giving the customer an overview of the available payment options.

Below the payment options there is an summary of the order he is placing and he must then agree to the Terms and Conditions and his right of withdrawal. The customer submits his order by clicking the “Confirm with obligation to pay” button.

5.2

Acceptance takes place in accordance with Section 2.3 of the seller’s General Terms and Conditions (see above).

6. Saving the contract text

After he submits his order, the contract text is saved by the seller and sent to the customer along with these T&C and customer information in text form (e.g. letter, e-mail). After submitting his order, the customer can access the contract text on the seller’s website.

7. Technical means for recognizing and correcting input errors

Prior to submitting his order, the customer can continuously correct what he has entered via normal keyboard and mouse features. In addition, all information entered prior to the binding submission of the order is displayed once more in a confirmation window, which can also be corrected by way of normal keyboard and mouse features.

8. The languages available for conclusion of the contract

Only the German and English language is available for concluding the contract.