General terms and conditions
Contents of the terms and conditions
§ 1 - General information and scope
§ 2 - Conclusion of the contract
§ 3 - Retention of title
§ 4 - Revocation instructions
§ 5 - Costs transfer clause
§ 6 - Compensation
§ 7 - Passage of risk
§ 8 - Shipping, delivery, order process
§ 9 - Warranty
§ 10 - Limitations of liability
§ 11 - Privacy
§ 12 - Final provisions
§ 13 - Corporate information
Section 1 - General information and scope
1) The terms and conditions are valid for all our offers, sales, deliveries and services as well as all present and future business relationships. Deviations from the terms and conditions will require our written confirmation to be effective. This also applies to a waiver of the written form.
2) Deviating, conflicting or supplementary general terms and conditions are not part of the contract even if acknowledged, unless we agree expressly in writing to their validity.
3) Consumers in terms of business are natural persons with whom we are entering business relationships, without requiring commercial or self-employed professional activity can be attributed to.
4) Business within the meaning of the terms and conditions are natural or legal persons or partnerships which whom we are in relationship, acting in the exercise of a commercial or independent professional activity.
5) Customer within the meaning of the terms and conditions are both consumers and entrepreneurs.
6) All prices include German VAT of 19%.
7) All transitions effected with the framework of the wellyou shop on www.wellyou-shop.de, are subject solely and exclusively to German law.
8) Electronic devices of all kinds, which were purchased in the wellyou shop at www.wellyou-shop.de, may not be put into household waste. These items must be disposed of via the local collection or return system of public authorities.
Section 2 - Conclusion of the contract
1) Our offers are subject to change. Alterations in the scope of reasonability.
2) With the order of the goods, the customer declared bindingly to acquire the ordered goods. The customer must be at least 16 years of age to be able to order the goods from us. In case of doubt, the customer has to prove his age.
3) We are entitled to accept the contract offer in the order receipt from us. The acceptance can be declared either in writing or by delivering the goods to the customer.
4) The consumer order the goods electronically, we will confirm the receipt of the order without delay. The confirmation is not a binding acceptance of the order. However, she can be associated with a declaration of acceptance.
5) The conclusion of the contact is subject to the correct and timely self-delivery by our suppliers. This only applies to the case where we are responsible for the non-delivery, in particular when a congruent covering transaction with our supplier. The customer is informed immediately about the unavailability of the service. The consideration will be refunded immediately.
6) If the consumer orders the goods electronically, our treaty text is stored and sent to the consumer upon request in addition to the present general terms and conditions via E-mail.
7) Even repeated goodwill services by us are not eligible for the future.
8) The conclusion of the contract take place only in German Language.
9) If you have completed the online ordering process, by entering the information required there and click on the button “Order” in the last step of ordering, you submit a binding contract.
§3 - Retention of title
1) In case of contract with consumers we reserve the ownership of the goods until full payment of the purchase price is received.
2) In the case of contracts with entrepreneurs we reserve the ownership of the goods until full payment of all claims arising from an ongoing business relationship.
3) The customer is obliged to gable the good with care.
4) The customer is obliged us access of third parties to the goods, as in the case of seizure, as well as any damage or destruction of the goods, wellyou must be notified immediately. A bill of exchange which has immediately to show us the customer goods, as well as the own relocation.
5) We are entitled, in breach of the customer, in particular with delay of payment or violation of a duty stated in paragraph 3 or 4 of the contract, To withdraw from said contract and to demand the goods to be returned.
6) The contractor shall be entitled to resell the goods in the ordinary course of business. He assigns already now all claims in the amount of the invoice us, which arise by the resale to a third party. We accept the transfer. After the assignment, the entrepreneur is authorized to collect the claim . We reserve the right to collect the claim itself, if the contractor does not comply with his payment obligations and into arrears.
7) The handling and processing of the goods by the company is always in the name and on behalf of us. Some processing with things not in our ownership, we shall acquire co-ownership in proportion to the value of our goods to the other processed items at the new thing. The same applies if our goods are mixed with others, which are not are our property.
§4 Revocation instruction
Right of withdrawal
You have the right to cancel this contract within 14 days without giving reason.
The revocation period is fourteen days from the date on which you or a third party nominated by you, which is not the carrier, have taken the goods in possession.
To exercise your right of cancellation, you must notify us (wellyou GmbH, Co.KG; Bornstr.12;20146 Hamburg, Germany. Tel +49 (0) 40 842 000 51; Fax +49 (0) 40 307 304 02; Email: firstname.lastname@example.org) by means of a unique statement (such as a letter sent by mail, fax or E-mail) of your decision to revoke this agreement. You can use the attached model withdrawal form, however this is not required. You can electronically fill out the cancellation form or another clear explanation on our web page http://www.wellyou-shop.de/content/de/Kontakt.html and submit. Make use of this possibility, so we will send you a conformation of the receipt of such revocation immediately (such as by E-mail).
The revocation period it is sufficient that you submit the notice of the right of withdrawal before the withdrawal deadline.
Consequence of revocation
If you cancel this contract, we will reimburse all payments that we have received from you including the delivery charges (except for the additional costs arising from this that you have chosen a different type of delivery as offered by us, best standard delivery), without delay and at latest fourteen days from the day of which communication is received about your revocation of this agreement with us. We use the same means of payment you have used in the original transaction for this repayment, unless something else has been expressly agreed with you; in no case fees be charged because of this repayment. We may refuse refund until we have received back the goods again or until you have demonstrated that you have returned the goods, depending on which is the earlier date.
You have the goods promptly and in any case no later than fourteen days from the date on which you notify us about the revocation of this agreement, wellyou GmbH, Co.KG; Bornstr 12; 20146 Hamburg. Address for return or to pass. The deadline is respected, if you send the goods before the expiration of the period of fourteen days.
You bear the direct cost of returning the goods.
You must on come for a possible loss in value of the goods if this loss in value on one to test the texture, due to unnecessary handling of the properties and functioning of the goods.
Withdrawal form online and withdrawal form as PDF.
End of cancellation policy.
§5 Costs transfer agreement
You exercise your right of withdrawal you have to bear the costs of returning the goods.
§6 - Compensation
1) - The shipping costs (freight and packing) for deliveries within Germany is currently EUR 4.95
- The shipping costs for deliveries to EU member countries currently amounts to EUR 12.90
- The shipping cost for deliveries in Switzerland is currently EUR 14.90 without Swiss VAT (8%). Any applicable tariffs (about 8%) must compensate for the postman or the customs office.
- For deliveries in non-EU member States within Europe (excluding Switzerland) is currently EUR 19.90 per shipment.
- For all other countries, the shipping fee is currently EUR 24.90 per shipment.
Applies only to Germany: From an order value of EUR 40.00 eliminates the shipping costs. If to pay cash on delivery an additional postal fee amounting to 2.00 euros, will be charged directly by the postal services, incur additional charges at height of 3.60 euros, in the delivery of the order. In terms of costs, deliveries abroad require a separate agreement, the separate agreement represents a suspensive condition for the conclusion of the contract in these cases. We reserve the right to mistake.
2) The customer can pay by payment in advance, by PayPal, by bank transfer, by credit card, cash on delivery, invoice or pay cash. We reserve the right to exclude single payment to the customer. This is particular applies to first time orders, contract with contractors or customers, their credit rating is not guaranteed. In the case of payment by cash on delivery, additional charges apply, which are to be covered by the customer. The purchase price is due to be paid by the customer at time of purchase on the account or on the date of receipt of the delivery. There is 14 days to complete the payment after the due date otherwise the customer falls into arrears.
3) The consumer has to pay interest on a debt amounting to 5 percentage points above the base interest rate during the delay.
4) The operator has to pay interest on a debt in the amount of 8 percentage points above the base interest rate during the delay. Compared to an entrepreneur we reserve the right to prove higher default damages and to assert.
5) The customer only has a right to set-off if his counterclaims have been counterclaim or recognised by us. The customer may only exercise a right of retention if his counter-claim is based on the same contractual relationship.
6) For foreign customers (particularly applied to Switzerland) may incur additional customs costs.
More details on the terms of payment can be found under “Information about payment methods”
§7 Passage of risk
1) The buyer is a entrepreneurs, the risk of accidental loss and accidental deterioration of the goods with the handover, when purchasing a shipment with delivery to the forwarding agent, the carrier or the otherwise to execute the dispatch to the certain person or institution.
2) The buyer is a consumer, the risk of accidental loss and accidental deterioration of the sold item also when sending purchase only with the delivery of the item to the purchaser passes.
3) It is equal the transfer, if the customer is in delay of acceptance
§8 - Shipping, delivery order process
1) The delivery takes 1-2 days after receipt of payment within Germany. When deviation occurs we will inform you directly. More details about the delivery and shipping conditions see “Shipping, delivery order process”
(2.1) Put Selected items in the shopping cart
(2.2) Press Shopping cart button
(2.3) Check the shopping cart and click on the ‘Checkout’ button
(2.4) Registration and creation of an account, including entering the email that we can inform you about your right of withdrawal.
(2.5) Confirmation of delivery address and select shipping type.
(2.6) Select payment type and agree to terms.
(2.7) On the check page to verify the accuracy of your information and if necessary each click on ‘Edit’ for changes.
(2.8) Click on the “Order” button at the end. The information about the time of the conclusion of the contract, see the corresponding section in the general terms and conditions.
§9 - Warranty
1) The buyer is a entrepreneur, we guarantee for defects of the goods initially at our discretion by repair or replacement.
2) The buyer is a consumer, so he has the choice whether the remedy should be by repair or replacement. We are however entitled to refuse the chosen option, if it is possible only with unreasonable costs and the other type of fulfilment without substantial disadvantages for the consumer.
3) The subsequent performance fails, the customer can demand reduction of remuneration (reduction) or cancellation of the contract (withdrawal) after his election. When a minor lack of conformity, especially when only minor defects, the customer however is no right of withdrawal.
4) Entrepreneurs must indicate to us in writing, obvious defects, within a period of 14 days from receipt of the goods; otherwise the assertion of warranty claims is excluded. To meet the deadline, timely dispatch is enough. The burden of proof for all claim requirements, in particular for the defect itself, the time of detection of the defect and the timeliness of the complaint meets the entrepreneurs.
5) Should delivered articles have obvious material, manufacturing defects or transport damage, please immediately report to us or the carrier who delivers the articles. An obligation of the customer does not exist and is not a prerequisite for the right to assert your claim. However we can assert otherwise no claims against the carrier. Compliance with the above provisions does not affect your statutory rights if you ordered for probate purposes as a consumer.
6) The customer due to a legal or material defect chooses to withdraw from the contract, after failed subsequent performance no claim for damages because of the lack is beside him.
7) The customer chooses compensation after failed subsequent performance, the good will remain at the customers if this is reasonable. The compensation is limited to the difference between the purchase price and the value of the defective goods. This does not apply if we have maliciously caused the infringement.
§10 - Limitations of liability
1) In the case of slightly negligent breaches of duty, our liability is limited to the contract-typical, foreseeable according to the type of goods, direct average damage. This also applies to slightly negligent breaches of duty, our legal representatives or vicarious agents.
2) Towards entrepreneurs we are not liable for negligent violation of inessential contractual duties.
3) The foregoing limitations of liability are not the claims of the customer from product liability. Next apply the limitation of liability, we are not attributable for body and health damage or loss of life.
4) Claims for damage of the customer due to a defect shall expire one year after delivery of goods. This does not apply if gross negligence or intent as well as in the case of us attributable body and health damage or loss of life.
§11 - Privacy
We are entitled to store and process, data obtained about the customer within the meaning of the data protection act in relation to the business relationship or in connection with this.
Learn more about data protection
§12 - Final provisions
1) It is the right of the Federal Republic of Germany under exclusion of the UN Sales Convention.
2) The customer is a merchant, legal person of under public law or special public funds, is the exclusive place of jurisdiction for all disputes arising from this contract is our business headquarters. The same applies if the customer has no general place of jurisdiction in Germany or residence or habitual residence at the time of the action is not known.
3) Should individual points of the Treaty with the customer including these terms and conditions be wholly or partly invalid so the validity of the remaining points is not affected. The wholly or partly ineffective shall be replaced by provision, which economic success as closely to the inoperative one. The same applied in the case of a contractual gap.
§13 - Corporate information
Registers company address
wellyou GmbH; Co:KG
Tel +49 (0) 40 842 000 51
Fax +49 (0) 40 307 304 02
Hotline: +49 (0) 40 842 000 51
Availability: Mon-Fri: 09.15 - 15.30
Fax: +49 (0) 40 307 304 02
Email: support@ wellyou-shop.de
Sales tax identification number: DE 205999154
§14 - Validity:
All Terms are vaild in the german Version !! The english Translation is just an Information