GENERAL TERMS AND CONDITIONS
1.1. These terms and conditions of WHEADON – WOHLFÜHLEN IST HAUTSACHE (hereinafter the “seller”) apply to all contracts that a consumer or entrepreneur (hereinafter the “customer”) concludes with the seller regarding the goods and/or services presented by the seller in their online shop. The inclusion of the customer’s own conditions is hereby negated, unless otherwise agreed.
1.2. A customer within the scope of these General Terms and Conditions is any person who concludes a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity. An entrepreneur in the scope of these General Terms and Conditions is any person or partnership who, when concluding a legal transaction, is exercising their independent professional or commercial activity.
- Conclusion of the Contract
2.1. The product presentations in the seller’s online shop do not represent binding offers on the part of the seller but serve for the submission of a binding offer by the customer.
2.2. The customer can submit the offer in writing, by fax, by e-mail or via the online order form integrated in the seller’s online shop. When placing an order using the online order form, after entering his personal data and clicking the “Buy Now” button in the final step of the ordering process, the customer submits a legally binding contract offer for the goods in the shopping cart.
2.3. The seller can accept the customer’s offer by means of a written (letter) or electronically transmitted (fax or email) order confirmation, or by delivering the goods within 2 days. The seller is entitled to refuse to accept the order.
2.4. Order confirmation usually takes place via email and automated order processing. The customer must ensure that their e-mail address provided is correct, so that the e-mails sent by the seller can be received at this address. When using SPAM filters, the customer must ensure that all mail sent by the seller or third parties commissioned by the seller to process the order can be delivered.
- Return Costs
When the customer exercises their Right of Withdrawal, they are responsible for the return costs if the price of the item to be returned does not exceed 20 Euros or if the cost of the exceeds 20 Euros but the customer has not made consideration or a partial payment by the time of their cancellation. Under no circumstances will the customer bear the costs of the return if the wrong goods are delivered. In all other cases, the seller bears the costs of the return.
- Prices and Terms of Payment
4.1. The prices quoted by the seller are final and include the statutory German Sales Tax. Any additional delivery and shipping costs incurred will be specified separately in the respective product offer.
4.2. For deliveries within Germany, the seller offers the following payment options, unless otherwise specified in the respective product offer:
- Prepayment by bank transfer
4.3. If prepayment is selected, payment is due immediately after the conclusion of the contract.
- Terms of Delivery and Dispatch
5.1. The delivery of goods takes place regularly on the dispatch route and to the delivery address specified by the customer. The delivery address specified in the seller’s ordering form is decisive when processing the transaction. However, when PayPal is selected as the payment method, the delivery address stored by the customer at PayPal at the time of payment is decisive.
5.2. If the transport company sends the goods back to the seller because delivery to the customer was not possible, the customer bears the cost of the unsuccessful shipment. This does not apply if the customer exercises his right of withdrawal through refused acceptance or if he was temporarily prevented from accepting the shipment, unless the seller notified the customer of the shipment with reasonable advance notice.
- Liability for Defects
The statutory liability for defects applies.
- Applicable Law
7.1. The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding laws on the international purchase of movable goods. For customers, these laws only apply as far as the protection granted by mandatory provisions of the law of the state in which the customer resides.
7.2. If the customer acts as a merchant, legal entity under public law or special fund under public law, the sole place of jurisdiction for all disputes arising from this contract is the seller’s place of business. The same applies if the customer does not have a general place of jurisdiction in Germany or the EU, or if their place of residence or habitual residence is not known at the time the action is brought forth. The authority to appeal to the court at another legal place of jurisdiction remains unaffected.
7.3. The contract language is German.
- Information on the Identity of the Seller
WHEADON – WOHLFÜHLEN IST HAUTSACHE
10119 Berlin Germany
VAT Identification Number: DE 278451050
Tel: +49 (0) 176 3614 4509
- Information on the Nature of the Goods or Services
The characteristics of the goods or services result from the respective product description made by the seller.
- Information on the Formation of the Contract
The conclusion of the contract takes place in accordance with Section 2 of the General Terms and Conditions of the seller (see above).
- Payment and Delivery Information
Payment is made according to Section 4, and delivery according to Section 5, of the General Terms and Conditions of the seller (see above).
- Information about the Technical Steps that Lead to the Conclusion of the Contract
The contract is concluded with the acceptance of an offer.
5.1. If the customer uses the seller’s online order form for his order, the offer is submitted as follows:
5.1.1. On the seller’s product range page, the customer clicks on the “View Cart” button. A new page will then open showing the contents of the shopping cart.
5.1.2. Next, the customer clicks on the “Proceed to Checkout” button, either directly or after adding more goods to the shopping cart. If the customer was not yet registered and logged in, a new page will open as an intermediate step. The customer may register or log-in.
The customer may open an account, register as a guest, or log in if they are already registered as a customer. If the customer is already registered, they enter their email and password and then click on the “Login” button. If the customer is not yet registered, they click on the “Next” button. The customer then clicks on the “Checkout” button.
5.1.3. A new page opens. Next, the customer can click to select the desired shipping method.
5.1.4. Next, the customer clicks on the “Next” button. A new page opens, and the customer can then click to select the desired payment method.
5.1.5. Next, the customer clicks on the “Next” button. A new page then opens which summarizes the order details.
5.1.6. Finally, the customer clicks on “Buy Now”.
5.2. Acceptance of the contract by the seller takes place in accordance with Section 2.3 of their General Terms and Conditions (see above).
- Information on Saving the Content of the Contract
The contract text is saved by the seller and sent to the customer in written form (e.g., e-mail, fax or letter), along with the current Terms and Conditions and customer information, once the order is submitted. In addition, the text of the contract is archived on the seller’s website. It can be referenced by the customer free of charge via his password-protected customer account by entering the corresponding login data, provided that the customer has created a customer account in the seller’s online shop before submitting his order.
- Information about the Technical Means to Recognize and Correct Input Errors
Before submitting a binding order, the customer can continuously correct their entries using standard keyboard and mouse functions. In addition, all entries are displayed in a confirmation window before the binding submission of the order, where they can also be corrected using standard keyboard and mouse functions.
- Information about the Decisive Language for Concluding the Contract
Only the German language is available for concluding the contract.