Terms and Conditions

These General Terms and Conditions apply exclusively to all contractual relationships between Skywalk GmbH & Co. KG (“Skywalk”) and its customers. They apply irrespective of whether the customer is:

• a consumer (B2C), or
• a merchant / entrepreneur (B2B).

Conflicting or deviating terms of the customer shall not become part of the contract, even if Skywalk does not explicitly object to them.

The version valid at the time of the order shall apply.

The purchase contract is concluded with:

Skywalk GmbH & Co. KG
Windeckstr. 4
83250 Marquartstein
Germany

Commercial Register: Local Court Traunstein, HRA 7710
VAT ID: DE 813305030

Personally liable partner: Skywalk Verwaltungs-GmbH
Managing Directors: Arne Wehrlin, Erik Birndt

Business hours:
Mon–Thu: 9:00–17:00
Fri: 8:30–13:30

Phone: +49 (0)8641 / 69480
Email: info@skywalk.org

1. Contracts may be concluded in German or English.
2. Product presentations in the online shop or catalog do not constitute legally binding offers.
3. By placing an order, the customer submits a binding offer.
4. The contract is formed only upon:
5. separate order confirmation, or
6. dispatch of the goods.
7. If ordered goods are unavailable, Skywalk reserves the right not to accept the order. Payments received will be refunded immediately.
8. Skywalk reserves the right not to accept an order if there are reasonable concerns regarding the customer’s ability to handle the products safely.

Consumers have a statutory right of withdrawal of fourteen (14) days. The withdrawal period begins upon receipt of the goods. To exercise the right, the consumer must send a clear declaration to:

Skywalk GmbH & Co. KG
Windeckstr. 4
83250 Marquartstein
Germany
Email: retoure@skywalk.org

Consequences of Withdrawal

• Refunds will be made within 14 days of receipt of the withdrawal notice.
• The consumer bears the direct cost of returning the goods.
• Refunds may be withheld until goods are received or proof of return is provided.

The right of withdrawal does not apply to:

• Custom-made or personalized goods
• Sealed goods not suitable for return once opened
• Goods inseparably combined after delivery

Prices are gross prices including VAT, unless otherwise stated. Shipping costs are shown separately during checkout. The prices valid at the time of ordering apply.

For Consumers (B2C)
Risk transfers upon handover to the consumer.

For Entrepreneurs (B2B)
Risk transfers upon handover to the transport company.

Unless otherwise agreed, delivery is made from our warehouse to the address provided by the customer.

Estimated delivery times:

• Germany: approx. 3–5 business days
• EU: approx. 10–14 business days

Customers outside the EU bear customs clearance costs.
Partial deliveries are permitted if reasonable.

Payment may be made via available methods shown during checkout. Payment is due immediately. Offsetting or retention is only permitted if counterclaims are undisputed or legally established.

Goods remain the property of Skywalk until full payment is received. Customers must treat goods with care during this period.

In commercial transactions:

• The customer may resell goods in the ordinary course of business.
• Claims from resale are assigned to Skywalk in advance.
• Skywalk may revoke collection authorization in case of default.
• Processing or transformation is carried out on behalf of Skywalk as manufacturer.

1. Skywalk warrants that goods are free from defects at the time of delivery in accordance with §434 BGB.
2. Entrepreneurs must inspect goods immediately and notify defects in writing within two weeks (§377 HGB).
3. Warranty period:
4. Consumers: 2 years
5. Entrepreneurs: 1 year
6. Used goods (consumers): 1 year
7. Used goods (entrepreneurs): no warranty
8. Manufacturer warranties apply in addition.
9. In case of defects:
10. Consumers may choose repair or replacement.
11. Entrepreneurs: choice of remedy lies with Skywalk.
12. If subsequent performance fails, customer may reduce price or rescind the contract (except insignificant defects).

By purchasing and using FLARE products, the customer acknowledges the inherent risks of air sports.

To the extent legally permissible:

1. Claims related to use of FLARE products are waived.
2. The customer agrees to indemnify Skywalk against third-party claims arising from product use.
3. Liability for damage to life, body or health resulting from intent or negligence remains unaffected.
4. The German Product Liability Act remains unaffected.
5. These provisions apply equally to heirs and legal representatives.

All photographs, films and texts remain the property of Skywalk. Use without explicit consent is prohibited.

German law applies, excluding private international law and the CISG. For EU consumers, mandatory consumer protection laws of their country remain unaffected.

For merchants, legal entities under public law or special funds under public law:

Jurisdiction is Traunstein, Germany.

Details regarding data processing are available in the Privacy Policy.

The European Commission provides an ODR platform:
https://ec.europa.eu/consumers/odr/

Skywalk is neither obliged nor willing to participate in dispute resolution before a consumer arbitration board.