General Terms & Conditions of the
von Wellean EigenArt e.K. Online Shop

 

§ 1. General
§ 2. Customers Obligations
§ 3. Conclusion of Contract
§ 4. Prices and Payment
§ 5. Delivery Times
§ 6. Postage and Packing Costs
§ 7. Ownership
§ 8. Warranty
§ 9. Liability
§ 10. Data Protection
§ 11. Copyright
§ 12. Hyperlinks
§ 13. Jurisdiction
§ 14. Validity of Terms and Conditions



§ 1. General

a) All services provided by the von Wellean EigenArt e.K. online shop will be provided based on the following terms and conditions. Any exceptions to these terms will only be valid when agreed by von Wellean EigenArt e.K. beforehand and in writing with the customer.

b) We will only supply goods to registered businesses, we accept as proof of business ownership a current business trading license.

 

§ 2. Customers Obligations

a) Customers must provide truthful and accurate registration information when creating an account with the von Wellean EigenArt e.K. online shop. Important changes to customer registration information such as name, address, e-mail address, business status etc. must be communicated to us as soon as possible. If false information is provided to us we are entitled to cancel any outstanding orders and disable the customer's account.

b) The customer must ensure that the email address provided is valid and reachable. Should the delivery of emails be affected by forwarding to other email addresses, email account closure or congestion the terms detailed in paragraph 1 will apply.

c) After placing an order customers will immediately receive an email confirming the order. Customers should inform us immediately if they do not receive an order confirmation email.

d) A password created by the customer at registration is required to access the von Wellean EigenArt e.K. online shop. The customer agrees to treat this password as confidential and not share it with any third party. We accept no responsibility for misuse of the login account password caused by the customer.

 

§ 3. Conclusion of Contract

Contracts with von Wellean EigenArt e.K. are only valid for customers over 18 years of age at the time of the transaction and have the legal capacity to enter into these Terms and Conditions.

a) Offers made in our online Internet shop are a non-binding invitation for customers to order goods.

b) Upon completion of an order the customer enters into a binding agreement to purchase the goods ordered.

c) von Wellean EigenArt e.K. is entitled to accept this offer within 2 calendar days by sending an order confirmation.

§ 4. Prices and Payment

a) All prices are nett prices without VAT (Tax). VAT will be charged at 19% and listed separately on the invoice except where the customer has registered a valid European Tax Identification Number. The VAT status and charges for your order will be shown during the checkout process.

b) The minimum order value per order is € 50.00 nett. Should this minimum order value not be met we reserve the right to charge an additional minimum order value surcharge of € 5.00.

c) Prices listed do not include costs for shipping and handling. Shipping and Handling charges will be listed separately at completion of the order.

d) As our online shop and internet sites are constantly being updated any information concerning price and condition of goods made at an earlier point in time will not be valid.

e) The price stated on the customer order is binding and is the final invoice price.

f) We accept the following payment methods. Postage and Packing costs quoted are for within Germany only. We are happy to accept orders outside of Germany, delivery costs will be shown as you complete the checkout process.

Cash on Delivery (Within Germany only)

Postage and packing (within Germany) €7,99 per parcel including €2.00 DHL surcharge.

Online Bank Transfer with sofortüberweisung.de

sofortbanking is the direct payment method of Payment Network AG. sofortbanking allows you to directly and automatically make a credit transfer during your online purchase with your online banking information. Your payment is instantly confirmed and allows us to ship your order straight away. Postage and Packing 5,- € per parcel.

direct debit / bank collection.
(available from your 2nd order)

Postage and Packing (within Germany) € 5.00 per parcel. Please provide us with a debit authorisation using the form below.

Direct Debit authorisation form as PDF

Direct Debit authorisation form as Word Document

Should the direct debit facility be cancelled at least the next three orders will be billed using cash on delivery.

 

 
Additional Options

Your payment will be instantly confirmed and allows us to ship your order straight away. Postage and Packing (within Germany) € 5.00 per parcel.

Delivery outside of Germany


We can deliver worldwide. Delivery costs will be shown as you complete checkout process and you can find more information below.

 

g) All customer payments must be completed within 7 days of ordering.

h) If payment is not made within the allotted time we reserve the right to charge additional reminder and processing fees to the customer's account or to cancel the order completely.

i) Should the customer fail to pay, von Wellean EigenArt e.K. will be entitled to charge interest on the outstanding amount. Our right to make any further claims for compensation will remain unaffected.

§ 5. Delivery Times

a) All items will be dispatched immediately from stock as long as stock is available.

b) We can deliver worldwide. The delivery time for shipments within Germany is usually 2 to 5 working days. Stated delivery times shall be non-binding, unless a fixed deadline designated as such is expressly agreed in writing.

c) We shall not be liable and no claims for damages against us can be made should delivery be impossible, or for delays in delivery due to force majeure or other events that were unforeseeable at the time the order was placed e.g. operational disturbances, strikes, riots and government action.

d) Delivery times for shipments outside of Germany can only be advised by contacting von Wellean EigenArt e.K. to obtain an online shipment tracking code for your order.

§ 6. Postage and Packing Costs

a) Shipping is at the expense and risk of the buyer. Acceptance of the delivery from the courier will indicate that the package was delivered defect free.

b) For deliveries within Germany we will charge €5.00 per parcel for customers using the Paypal, Payment Network AG, Direct Debit and bank transfer payment methods. For customers paying by cash on delivery the charge will be €7.99 per parcel.

c) We are happy to deliver worldwide. Estimated delivery costs to Austria, Belgium, France, Switzerland, Luxembourg and Holland per DHL Europaket are €13.50 per parcel. All other european countries estimated delivery costs start at €18.50 per parcel with DHL World Paket.

Delivery costs will be qouted on your order. Please contact us to confirm exact delivery costs and costs for deliveries to other countries outside of Europe.

d) Quantities and weights determined by von Wellean EigenArt e.K. shall be used to determine delivery costs.

§ 7. Ownership

All goods ordered remain the property of von Wellean EigenArt e.K. until full payment is received. (Retainment of Ownership according to § § 158, 449 BGB). Prior to the transfer of ownership, pledging, transfer by way of security, processing or conversion is not permitted without the express consent of von Wellean EigenArt e.K.

§ 8. Warranty

a) Claims against von Wellean EigenArt e.K. due to faulty or defect goods shall be governed by statutory provisions.

b) The customer will inspect the goods upon receipt for any damage. Damages and defects should be reported to von Wellean EigenArt e.K. within 8 days of receipt of delivery. Goods not reported damaged or defective by the customer within this period shall be deemed to have been received and approved.

c) Damage to the goods caused by the customer due to improper handling or handling contrary to the terms of the contract shall not be regarded as defects.

d) Properly ordered and delivered goods cannot be returned. Exchanges or returns made on a goodwill basis will be subject to a processing fee of 10% of the product value. Anz credit will be made via a credit note creditable against a valid order. No cash refunds are possible.

e) Returns (in particular returns with unpaid postage) without prior consent will not be accepted.

f) For hygienic reasons goods cannot be returned if they have been opened or the hygiene seal is broken.

§ 9. Liability

a) Our product information and recommendations for product use are non-binding. The customer is responsible for the proper use of our products.

b) All information provided is correct to the best of our knowledge.

c) von Wellean EigenArt e.K.is liable for wilful or gross negligence in accordance with legal regulations. The liability for warranties is regardless of negligence or fault. von Wellean EigenArt e.K. is liable for slight negligence exclusively according to the provisions of the Product Liability Act, arising from danger to life, bodily harm, danger to health or the breach of basic contractual obligations. The claim for damages for slightly negligible breaches of contractual obligations is, however, limited to contractual, foreseeable damages in so far as it is not liable for damage to life, the body or health. von Wellean EigenArt e.K. is liable to the same extent for the fault of vicarious agents and representatives.

d) The provision of the previous paragraph covers damages in addition to the service, damages instead of the service and claims for damages due to wasted expenditures no matter what legal ground, including the liability due to defect, distortion or impracticability.

§ 10. Data Protection

Information provided by the customer will only be used by von Wellean EigenArt e.K. to process customer orders. All customer data will be kept strictly confidential. Customer data will only be passed to third parties, e.g. shipping services if this is necessary to process the customers order. Order information is encrypted and transferred securely, however we do not accept any liability for data security during the Internet transfer (e.g. due to technical failures on the part of the provider) or for possible criminal intervention by a third party to data on our website. Customer login information sent to the customer on request will be treated by the customer as strictly confidential. We hold no responsibility for the use and application of this data.

§ 11. Copyright

All photos, logos, text, reports, scripts and programming routines on this website, which are the products of our own development or which are created by us, may not be copied or otherwise used without our permission. All rights are reserved.

§ 12. Hyperlinks

The District Court of Hamburg decided on 12 May 1998 Decision No. 312 0 85/98 "Liability for Hyperlinks" that by publishing hyperlinks in pages, the operator may be responsible and held liable for the contents of the linked pages. This can be excluded according to the district court only when the operator expressly disclaims responsibility for this content. For this reason we expressly disclaim responsibility for the content of any external pages linked to on our website. This disclaimer shall hold true for all hyperlinks included in all pages of our online shop.

§ 13. Jurisdiction

a) Court of jurisdiction is 65582 Diez, Germany.

b) In all disputes that may arise from this legal relationship, German law applies. The application of the UN Sales Law (CISG) and the International Private Law is excluded.

§ 14. Validity of Terms and Conditions

The General Terms & Conditions of Business of the von Wellean EigenArt e.K. Online Shop are accepted with each order. Should a clause of these General Terms & Conditions of Business be made null and void for any reason, the validity of the remaining clauses remains unaffected.

 

§ 15. 65582 Diez, 01.01.2016.