General Terms and Conditions GENERAL TERMS AND CONDITIONS FOR ONLINE TRADING
1. SCOPE Unless expressly otherwise agreed upon, these General Terms and Conditions for Online Trading (hereinafter referred to as “General Terms and Conditions”) published on our website (www.wellnesstower.com), as amended, shall apply to any and all legal transactions between Wellness Schlafen Gesundheit GmbH (hereinafter referred to as “WSG”) and the purchasers of WSG’s products in the version valid at the time the contract is concluded.
We do not accept any terms and conditions contrary to or deviating from our General Terms and Conditions unless expressly agreed upon in writing. Oral agreements and information as well as any oral changes or amendments of these General Terms and Conditions shall not be valid unless confirmed by us in writing.
In this context, any activities on our part in connection with the fulfilment of contract shall not be deemed to be our implied consent to any contractual conditions deviating from our General Terms and Conditions. These present General Terms and Conditions shall be deemed to be a framework agreement applicable to any and all other legal transactions. Any business transactions with consumers for the purposes of the Consumer Protection Acts valid in the respective country shall be subject to the provisions contained in the Consumer Protection Act valid in the respective country.
Should individual provisions of these General Terms and Conditions be ineffective, this shall not affect the effectiveness of the remaining provisions and of the contracts concluded on the basis of these General Terms and Conditions. Such ineffective provision shall be deemed to be replaced by a legally admissible provision which comes as close as possible to the economic intent of such ineffective provision.
These present General Terms and Conditions shall apply to the placement of orders via our website. Orders placed via our independent agents shall be subject to our General Terms and Conditions for Direct Distribution. By placing your order you agree to the applicability of these General Terms and Conditions for Online Trading.
2. CHANGES OF THESE GENERAL TERMS AND CONDITIONS We reserve the right to change these General Terms and Conditions at any time. You will be informed of any changes via a link on our website. Please read these General Terms and Conditions regularly in order to become aware of any changes thereof. You shall be entitled to object to such changes of our General Terms and Conditions within four weeks upon publication on the website, otherwise these changed General Terms and Conditions shall be deemed accepted.
3. CONCLUSION OF CONTRACT Any information as to products and prices contained on our website www.wellnesstower.com shall be without engagement unless expressly marked as binding.
We shall deliver as long as our stocks last. We shall not guarantee observance of certain delivery periods. Business transactions with consumers shall be subject to the applicable statutory provisions. You may place an order via www.wellnesstower.com for the goods listed. Before you send the order, you will be able to inspect and change your data at any time. Via the button “Send order”, you will make a binding offer for the purchase of the number of products you chose. We shall immediately confirm receipt of your order. However, our confirmation of receipt of your order shall not be deemed to be an acceptance of your contractual offer. Within a period of 14 days upon receipt of your order, we shall be entitled to either accept such order or to reject it by sending a corresponding message to you, either with or without stating any reasons therefor, in particular in case of any price increases occurred in the meantime or in case of any errors contained on the website, in price lists or other documents. We shall not accept any liability for any such price increases.
The binding purchase contract for the ordered goods shall not become effective unless accepted by us expressly or implicitly.
4. RESERVATION OF PERFORMANCE IN CASE THE GOODS ARE NOT DELIVERABLE If the ordered goods are not deliverable within 30 days after the day following the date of your order, we shall be entitled to rescind the contract, even if we previously confirmed the conclusion of contract. In case of any such rescission of contract, we shall immediately inform you of such unavailability of the goods and immediately return any consideration you made.
5. PRICES Our prices shall be valid until the date stipulated in the relevant price list and are inclusive of VAT.
6. TERMS OF PAYMENT You shall receive the invoice together with the confirmation of order. The invoice is to be paid by payment in advance to
Account holder: WSG Bank: Volksbank Vöcklamarkt Account number: 31205160005 Routing number: 44300 or via Paypal.
The goods shall be shipped as soon as the money is credited to WSG’s account.
7. Delivery and retention of title We shall deliver our goods to all countries. In general, the term of delivery is 2 - 4 working days within the EU, the term of delivery for non-EU member states shall be stated upon request. The ordered goods shall be delivered by means of a transport company or via a postal service, such as DHL.
The goods shall remain our property until full payment of the purchase price.
All prices stated on our website www.wellnesstower shall be inclusive of the applicable statutory VAT. For any delivery within the EU, we shall not charge any packaging or shipment costs; information on such costs for non-EU member states upon request.
8. Right of rescission You may withdraw from the contract in writing (e.g. letter, e-mail) within two weeks upon receipt of the goods without stating any reasons or - in case you receive the item in question before the expiry of the time limit - by returning such goods. The time period shall commence upon receipt of this information in writing, however, not before receipt of the goods by the recipient. Such rescission / return of goods is to be addressed as follows:
Postal address: Wellness Schlafen Gesundheit Haid 32 A-4870 Vöcklamarkt
In case your rescind the contract, the purchase price shall be reimbursed in whole or in part concurrently against the return of the goods you received. You shall bear any costs for such return. When returned, the goods should be unused and in a condition in which they can be sold as new and in their original packaging.
For any goods impaired by signs of usage or the packaging of which is damaged, we shall be entitled to demand a reasonable compensation for such decrease in value. The same shall apply if goods are returned with parts or accessories missing.
9. WARRANTY Business transactions with consumers shall be subject to the applicable statutory provisions. However, we shall be entitled at all times to discharge ourselves from the obligation to grant a reasonable reduction of the purchase price by correcting any defect; in all other cases, the following regulations shall apply:
Except for cases in which the purchaser has a statutory right of cancellation, we reserve the right to settle any warranty claims by improvement, exchange or a reduction in price, in our discretion. For any defect at the time of delivery, the customer shall bear the burden of proof. The warranty period shall be 2 years as of delivery of the goods.
10. LIABILITY Our liability shall be limited to any damage caused by wilful intent or gross negligence. The above limitation of liability shall apply to any claims for damages, irrespective of the legal reason they are based on, including but not limited to tort. However, it shall not apply to any liability in accordance with the Product Liability Acts effective in the respective country based on warranted characteristics, for any damage to items accepted for processing or for personal injury. The period of limitation for claims of damages shall be 3 years as of the time the risk is transferred.
11. PRODUCT LIABILITY Any recourse claims for the purposes of the Product Liability Acts effective in the respective country asserted against us by the customer or any third party based on any product liability, shall be excluded unless the customer or such third party is able to prove that such defect was caused within our sphere of responsibility or that such defect was at least caused by our gross negligence.
12. ASSIGNMENT PROHIBITION You shall not be entitled to assign your rights from this contract to any third party unless we gave our express consent.
13. DATA PROTECTION You agree that we will electronically store and process any personal data contained in the purchase contract to the extent necessary for the fulfilment of such contract.
Any data processing activities, in particular the collection, storage and transmission of your personal data shall be subject to statutory data protection provisions in accordance with the data protection laws effective in the relevant country. We shall store your personal data required for the execution of your order and transmit such data to the extent necessary to our service providers (such as carriers). You shall be obliged to inform us of any changes of your private or business address if the contract has not been completely fulfilled at the time such change occurs. If you fail to inform us as described above, any notifications made to you shall be deemed received if they were sent to your last known address.
For orders effected online via our website www.wellnesstower.com, we shall not store the wording of the contract and thus such wording cannot be retrieved after conclusion of the order process. However, you shall be able to print the order information immediately after you sent it.
14. COPYRIGHT Any samples, catalogues, brochures, pictures and the like shall remain our intellectual property at all times. No right of utilization of the work or exploitation rights shall be transferred to you.
Any and all image copyrights, copyrights and other industrial property rights to the contents of our website www.wellnesstower.com shall remain with Gesundheit Schlafen Wellness GmbH and its partners. Any use shall be prohibited unless we gave our prior express consent.
15. JURISDICTION Any business transactions with consumers shall be subject to the statutory provisions contained in the Consumer Protection Acts effective in the relevant country. In all other cases, the following regulations shall apply:
The exclusive place of jurisdiction for any disputes arising out of or in connection with any contracts concluded between us and our customers shall be the court competent as regards the subject matter at the seat of Wellness Schlafen Gesundheit GmbH.