Allgemeine Geschäftsbedingungen der walther design GmbH & Co. KG

1. Scope 

The following General Terms and Conditions apply to all orders, including those placed through our online shop www.waltherdesign.de by companies. 

The following apply to companies: If the company uses contrary or supplementary General Terms and Conditions, then we hereby object to their applicability; they will only be considered a part of the contract if we have expressly agreed to this. 

2. Contractual partner, conclusion of the contract 

The purchasing agreement shall be concluded with walther design GmbH & Co. KG (hereinafter referred to as “walther design”). 

By placing the products in the online shop or our sales documents, we provide a binding offer to conclude a contract regarding these products. If you place our products in your shopping basket, this is non-binding; you can correct your entries at any time before submitting your binding order using the corrective tools provided for this purpose and explained during the ordering process. The contract will come into being when you click the order button to accept the offer for the goods contained in the shopping basket. Directly after you send the order, you will receive a confirmation via e-mail. 

Orders by a company can also be placed in writing or by telephone. 

walther design accepts the contractual offer of the customer by sending the ordered goods to the customer. The contract between walther design and the customer only comes into force upon shipment of the goods. If individual products in the order are not shipped by walther design, then no purchasing agreement shall come into force between the parties regarding these products. 

walther design will send a written invoice and order confirmation to the customer along with the goods, which will list the amount to be paid by the customer, any VAT, and all other necessary information. 

The customer cannot derive any claims from the fact that walther design may not have certain products in stock at a specific time, and is therefore not able to ship them. 

 3. Contractual language, saving the contract text 

Contracts are concluded in German. 

We save the contract text and send you the order data and our General Terms and Conditions in text form. You can review the contract text in our customer login on our website. 

 
4. Delivery conditions 

Shipping costs may be charged in addition to the indicated product prices. Further provisions on any shipping costs charged will be provided with the offers. 

walther design is entitled to divide orders into partial deliveries. 

If it is not possible to complete delivery to the customer for reasons for which the customer is responsible (not received at the delivery address provided, despite prior notification of delivery), then the customer shall bear the costs of the failed delivery attempt. 

If not otherwise expressly agreed between the parties, goods shall be delivered ex works by walther design to the address provided by the customer. walther design will pay the costs for packaging and shipping the goods above an order value of € 250.00 for customers in Germany. walther design will choose the shipping method and freight carrier, if applicable. 

If not otherwise expressly agreed between the parties, above an order value of € 2,500.00, walther designs will complete deliveries to international customers in return for advance payment, ex works to the address provided by the customer. 

The minimum order value is € 175.00 net. If walther design voluntarily accepts an order with a volume below the minimum order value or below the respective indicated minimum order quantity, then the customer shall pay for packaging and shipping costs as well as processing costs, unless otherwise agreed. An expense charge of € 9.50 per order will be collected for this purpose. 

 
5. Payment 

In general, the following payment method is available to companies in our B2B shop or for telephone or written orders: 

Invoice 
Amounts invoiced by walther design must be paid by the customer within a 30-day payment term. 

walther design shall grant a 2% discount if the invoiced amount is paid by the customer in cash within the first 14 days after the invoice date. walther design shall grant a 3 % discount if the invoiced amount is paid via bank debit within the first 10 days after the invoice date. 

walther design will only accept bills of exchange by special agreement. The customer shall have no entitlement to use this payment method. 

If the invoiced amount is not paid before the payment deadline, then the customer will fall into default. In this case, receivables of walther design shall be charged interest in accordance with the law. 

Please only make transfers to the account indicated, and enter the correct memo to ensure that the payments are assigned properly. 

If you choose to make a purchase on account, your data (in particular your name and contact information) may be sent to Creditreform Boniversum GmbH, Hellersbergstrasse 11, 41460 Neuss for the purpose of a credit check. If this check does not return the desired results, for instance because the data cannot be clearly allocated, we will automatically offer you other available payment methods. Information in accordance with Art. 14 of the EU General Data Protection Regulation on data processing carried out by Creditreform Boniversum GmbH is available here: www.boniversum.de/EU-DSGVO 

In case of a return, the applicable amount will be credited to the bank account from which you completed the transfer. 

 
6. Right of revocation 

Companies are not granted any voluntary right of revocation. 

7. Retention of ownership 

Goods shall remain our property until full payment is received.  
 
The following also applies to companies: We reserve ownership of the goods until all claims resulting from an ongoing business relationship are satisfied. You may sell the reserved goods in the course of normal business operations; all receivables resulting from this sale shall be assigned to us - regardless of whether the reserved goods are combined or mixed with any new products - in advance in the invoiced amount, and we hereby accept this assignment. You remain entitled to collect the claims from your customers; however, we may also collect claims ourselves if you do not fulfil your payment obligations. 

 
8. Damage in transit 

The following applies to companies: The risk of accidental destruction and deterioration shall be transferred to you once we have delivered goods to the shipping company, the freight forwarder, or the other person or entity which will handle the shipment. 

The examination and complaint obligations regulated in Sec. 377 HGB (German Commercial Code) apply between merchants. If you do not submit the notification regulated there, then the goods will be considered accepted, unless the defect could not be discovered during the examination. This shall not apply if we have intentionally concealed a defect. 

 
9. Defects, warranties and guarantees   

Statutory defect liability applies. 

Our information regarding the object of the delivery or service (such as weights, dimensions, consumption values, load-bearing capacities, tolerances, and technical data) as well as our illustrations of the same (such as drawings and images) are only approximate, unless usability for the contractually intended purpose requires that they be exact. These should not be considered guaranteed characteristics, but rather descriptions or designations of the delivery or service. Deviations customary in the course of business, or deviations due to legal regulations or that represent technical improvements, as well as replacing components with equivalent parts, are permitted if they do not negatively impact usability for the contractually intended purpose. 

Companies must notify the company within 2 (two) weeks from receipt of the goods of any obvious defects, either in written form or text form; otherwise, no warranty claims may be asserted. Sending the defect notification promptly will fulfil this deadline. In the case of companies, we will fulfil the warranty for the defective goods initially by completing a repair or replacement delivery, at our discretion. 

If delivered items have obvious material or manufacturing defects, including any damage in transit, we request that you submit complaints regarding such faults to us immediately, or to the employee of the shipping provider which delivers the goods. However, if you fail to submit this complaint, this will have no consequences for your legal claims. At your discretion, the statutory claims for supplementary fulfilment, for correction of the defect / new delivery or – if the statutory requirements apply – further claims to reduction or rescission as well as to claims for damages apply to all defects in purchased goods which become apparent during the statutory warranty period, including reimbursement of damages in place of fulfilment and reimbursement of your wasted expenditures. 

10. Product safety 

Our products comply with the applicable provisions of the new German Product Safety Act (valid from 13 December 2024) and the EU directives on product safety. We ensure that our products are placed on the market safely. 

We refer to the Product Safety Regulation (GPSR) (Article 3 No. 2): ‘safe product’ means any product which, under normal or reasonably foreseeable conditions of use, including the actual duration of use, presents no risk or only a low level of risk compatible with its use, deemed acceptable and consistent with a high level of protection for the health and safety of consumers. 

Our products are clearly labelled in accordance with the new product safety legislation to ensure full traceability. If you have any questions about specific products or manufacturers, you can contact our customer service team at any time. 

For questions about product safety or to report problems with our products, please contact our customer service office on 

Tel: 02157-81860 

Mon.-Thurs. from 8:00 - 17:00 

(Fri. from 8:00 - 16:00) 

11. Liability 

We will always be liable without restriction for claims resulting from damages caused by us, our statutory representatives, or our agents 
• in case of injuries to life, body, or health 
• for intentional or grossly negligent breaches of duty 
• for warranty promises, if agreed, or 
• if the scope of the Product Liability Act applies. 
In case of violations of significant contractual obligations that must be fulfilled to make it possible to properly carry out the contract, and which the contractual partner should regularly expect to be fulfilled (cardinal obligations) due to slight negligence on our part, the part of our statutory representatives, or our agents, liability shall be limited to the damages foreseeable at the time the contract was concluded and that should typically be expected.  
Any other claims for damages shall be excluded. 

12. Dispute resolution 

The European Commission provides a platform for online dispute resolution, which is available here. We are prepared to take part in extra-judicial dispute resolution proceedings before a consumer arbitration board. The General Consumer Arbitration Board of the Zentrums für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de is the responsible body.  

13. Final provisions 

The law of the Federal Republic of Germany shall apply to contracts between walther design and the customer, excluding laws governing the international sale of movable goods. 

If you are a merchant under the Commercial Code, a legal entity under public law, or a public law special fund, then the exclusive place of jurisdiction for all disputes arising from the contractual relationships between our company and yourself shall be our headquarters. 

Version: January 2025 (Version 4.0)