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Conditions of Use
1. General, clientele
((1) All offers, purchase contracts, deliveries and services based on orders placed by our customers through our www.wellmaxx.com Online Shop (hereinafter referred to as ‘Webshop’) shall be subject to these General Terms & Conditions.
(2) The offerings of products in our Webshop are designed for consumers and business operators alike, but only for end customers. For purposes of these General Terms & Conditions, (i) a consumer is every natural person concluding the contract for a purpose not attributable to either its commercial nor its freelance professional activity (§ 13 of the German Civil Code [BGB]) and (ii) a ‘business operator’ is a natural or legal person or a partnership with legal capacity that concludes a contract in exercise of its commercial or independent professional activity (§ 14 para. 1 BGB).
(3) The customer’s conditions of business shall not apply, even in the absence of an express rejection by us of the application thereof in the individual case.
2. Conclusion of contract
(1) Our offerings in the Webshop shall be non-binding.
(2) By placing an order in the Webshop (which is in turn subject to the prior registration and acceptance of these General Terms & Conditions), the customer makes a binding offer for the purchase of the product in question. The customer shall be bound by the terms of the offer until the end of the third working day following the date on which offer was placed.
(3) Upon receipt of the offer, we shall promptly issue a confirmation of receipt of the offer; this confirmation shall not, however, constitute an acceptance of the offer. The offer shall only be considered as accepted by us once we declare acceptance of the offer (via e-mail) or ship the merchandise. The purchase contract shall take effect only upon our acceptance.
(4) Each customer who is also a consumer shall be entitled to cancel the order subject to the provisions of the cancellation policy (§ 11 of these General Terms & Conditions) and to return the merchandise.
(5) Die Vertragssprache ist Deutsch.
3. Pricing and payment
(1) Our prices include VAT as provided for by law, but they do not include shipping costs. Customs duties and similar tributes shall be borne by the customer.
(2) Absent express agreements to the contrary, we shall deliver only in exchange for payment in advance (in the manner specified on the order form), for payment via PayPal or for payment via credit card (in each case per invoice). In the case of a chargeback for which the customer is responsible, the Webshop shall be entitled to impose the charges in which this results upon the customer.
If the customer should fall into arrears of payment, the Webshop shall be entitled to asses interest on arrears in the amount of 5 % (consumers) or 8 % (business operators) in excess of the annual base interest rate charged by the European Central Bank. If higher damages due to arrears are demonstrably incurred by the Webshop, the Webshop shall be entitled to reimbursement of these damage amounts.
(3) The customer shall have no right of offset or of retention unless the counterclaim is uncontested or has been declared as a matter of enforceable law.
4. Shipment of the merchandise
(1) Unless otherwise agreed, delivery shall be made as quickly as possible following receipt of payment, or from receipt of credit card data, from the warehouse of the Webshop to the delivery address provided by the customer. We hereby point out that all of the information relative to the delivery of a product constitutes probable information only and approximate reference figures. They do not represent a binding or guaranteed shipping or delivery date.
(2) If the Webshop should discover in the course of its processing of an order that the products ordered are not available, the customer will be informed of this fact separately. If the Webshop, through no fault of its own, should find itself unable to deliver the merchandise that has been ordered because the Webshop’s supplier is not in fulfilment of its contractual obligations, the Webshop shall be entitled to cancel the order with the customer. In the event, the customer will be informed without delay that the product ordered is not available. This shall be of no consequence for the customer’s claims under law; the customer shall be entitled to file for damages only under the specific terms of Section 8 of these General Terms & Conditions.
(3) We shall be entitled to make partial deliveries of separately usable products within a single order; in the event, we shall bear the additional costs incurred as a result of multiple shipments.
5. Shipping, insurance and transfer of risk
(1) Unless otherwise expressly agreed, we shall determine the appropriate mode of dispatch and the transport firm, subject to our reasonable judgement.
(2) We shall be responsible only for the timely, proper delivery of the merchandise to the transport firm and shall not accept responsibility for delays caused by the transport firm. For this reason, the duration of shipment shown in the Webshop is non-binding.
(3) If the customer is a consumer, the risk of accidental destruction, accidental damage or accidental loss of the delivered merchandise shall transfer over to the customer at that point in time at which the merchandise is in default of acceptance. In all other cases, the risk shall transfer to the customer upon delivery of the merchandise to the transport company.
(4) We shall insure the merchandise against the usual risks of transport at our own expense.
(5) In the event of an exercise of your right of cancellation (Section 11 of these General Terms & Conditions) we offer you the option to return the goods as follows: We do our best to ensure that you are satisfied with the WELLMAXX products delivered to you. If you should decide to return your products, however, please request the free Pick-Up and Returns Slip. Available by calling +49 (0)2234 98422 966, or via e-mail to email@example.com.
Please note that the return of the merchandise must be communicated to us within 14 days of receipt thereof. In addition, the goods must be unused and intact upon receipt by us, where possible still in their original packaging and accompanied by a Returns Slip.
We shall make every effort to process your return as quickly as possible. In periods of high demand please, however, we ask you to allow up to 10 working days for the processing of your return shipment. We ordinarily reimburse the amounts due to you by means of return remittance.
Please contact our Customer Service Team with any questions you may have about returns processing.
6. Retention of title
(1) We shall retain right of title to the merchandise delivered by us pending payment in full of the purchase price (including VAT and shipping costs) for the merchandise in question.
(2) Absent our prior, written consent, the customer shall not be authorised to resell the merchandise delivered by us and subject to retention of title. In the event of such a resale, the customer now cedes to us its claims arising out of the resale, up to the amount of the purchase price to be paid to us, along with a surcharge in the amount of 20%. We hereby authorise the customer to collect the claims thus ceded in the ordinary course of business; we reserve the right to rescind this authorisation, however, in the event that the customer falls into payment arrears.
(1) If the merchandise delivered is subject to material defects, the customer shall be authorised to demand that we rectify the defect or deliver merchandise free of defects; if the customer is a business operator, we shall have the discretion of choice between elimination of defects and delivery of merchandise free of defects. The exercise of this discretion must take the form of announcement in text form (including via fax or e-mail) to the customer within three working days following notification of the defect(s). We shall be entitled to reject the subsequent fulfilment selected by the buyer if this is possible only at unreasonable cost.
(2) FIf subsequent fulfilment as provided for under Section 7 (1) should come to nothing or constitute an unreasonable imposition upon the customer, or if we should refuse subsequent fulfilment, the customer shall be entitled, always under the application of relevant law, to withdraw from the purchase contract, to reduce the purchase price, or to demand damages or reimbursement for its fruitless efforts. Claims by the customer for damages shall also be governed by the provisions of Section 8 of these General Terms & Conditions.
(3) The warranty period shall be two years from delivery if the customer is a consumer, and otherwise twelve months from delivery.
(4) The following shall apply in the case of business operators alone: The customer shall carefully examine the merchandise immediately once it has been sent. The delivered merchandise shall be considered as accepted by the customer if notice of defect is not received by us (i) in the case of obvious defects, within five working days of delivery, and otherwise (ii) within five working days following discovery of the defect.
(1) In the event of delivery delays our liability for negligence (excepting gross negligence) shall be limited to an amount equal to 5% of the respective purchase price (including VAT).
(2) Regardless of the legal basis involved, we shall not accept liability for damage not typically expected in the type of the order in question or as a result of normal use of the merchandise involved. The above limitations on liability shall not apply in the event of non-accidental conduct or gross negligence.
(3) The restrictions of this § 8 shall not apply to our liability for warranted characteristics within the language of § 444 BGB, for injury to life, body or health, or under the Product Liability Act.
(4) Where the liability of the Webshop has been precluded or limited, this preclusion or limitation shall also extend to the personal liability of its employees, representatives and agents.
9. Applicable law and legal venue
(1) Subject to the mandatory provisions of international private law, the purchase agreement between the customer and us shall be subject to the laws of the Federal Republic of Germany, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
(2) If the customer is a merchant within the language of § 1 para. 1 of the German Commercial Code (HGB), a legal person under public law or a special fund governed by public law, any disputes arising hereunder or in connection with the contractual relationship involved shall be resolved exclusively by a competent Cologne, Germany, court of law. In all other cases, the customer or we shall be entitled to file charges before every court of law with jurisdiction in the matter on the basis of the provisions of law.
10. Arbitration board
The European commission provides a board for online dispute resolutions (ODR regulation (Regulation [EU] Nr. 524/2013)) You find the board under http://ec.europa.eu/consumers/odr/ You reach us under the e-mail address firstname.lastname@example.org
11. Cancellation policy
Right of cancellation
You may cancel your contract within two weeks without giving reasons in text form (e. g. letter, fax, e-mail) or – if you have taken possession of the object of the contract prior to expiry of the limit – by returning the object.
The fixed period shall commence following receipt of this policy in text form, but not prior to receipt of the merchandise by the recipient (in the event of recurrent delivery of merchandise of the same kind not prior to receipt of the first partial delivery) nor prior to fulfilment of our responsibility to inform in accordance with the provisions of law. Timely despatch of the revocation or the goods shall be deemed sufficient for compliance with the term of cancellation.
The cancellation via return of the merchandise is to be directed via e-mail or post to:
WM BEAUTYSYSTEMS AG & Co.KG
50259 Pulheim-Brauweiler, Germany
Consequences of cancellation:
In the event of an effective cancellation, the performance that has been received by both parties to the transaction shall be refunded. If you cannot return all or a portion of the service received, or only in a deteriorated state, you may be liable for compensation of the value thereof. In the case of supply of goods, this shall not apply if the deterioration of the goods is exclusively the result of their inspection – as would be the case upon inspection within shop premises, for instance. For the remainder you may avoid this compensation obligation for deterioration arising through proper use of the goods (i.e. use only for that purpose for which the product in question is intended and designed) by not making use of the item in the capacity of an owner, and by refraining from any conduct that encroaches upon the value of the goods in question.
Items that can be returned as parcels must be returned at our risk. You shall be responsible for the expenses of return if the merchandise delivered to you corresponds to the merchandise ordered and if the price of the item to be returned does not exceed an amount of € 40. Otherwise, the return shall be free of charge to you. Items that cannot be returned as parcels will be collected at your premises. Obligations for refund of payments made must be met within 30 days. For you, this period begins upon despatch of your statement of cancellation or of the goods, and for us upon receipt thereof.
End of the cancellation policy
Preclusion of cancellation
The right of cancellation shall not obtain in the case of distance selling contracts
- for the delivery of merchandise produced to customer specifications or clearly tailored to personal needs or which, in light of their condition, are not suited to returns, can spoil quickly or which have exceeded the expiration date,
- for the delivery of audio or video recordings or of software insofar as the data media have been unsealed by the consumer or
- for the delivery of newspapers, magazines and illustrated periodicals