General Terms and Conditions - AGB
(Status: March 2019)
§1 Scope of application, customer information
The following General Terms and Conditions regulate the contractual relationship between WELLNESSfee GmbH and entrepreneurs who purchase goods through us. Entrepreneur is any natural or legal person or a partnership with legal capacity that acts in the exercise of its independent professional or commercial activity when concluding a legal transaction. We do not accept any terms and conditions that contradict or deviate from our terms and conditions. The contract language is German.
§2 Conclusion of contract
By placing the products in the portals ebay and Amazon we make a binding offer to conclude a contract for these articles. The contract is concluded by clicking on the order, purchase or bid button to accept the offer for the item. Directly after your order you will receive an order confirmation of the sales portal by e-mail. We save the contract text of your order. You can print this out before sending your order to us by clicking on "Print" in the last step of the order.
§3 Price, VAT and shipping costs
The prices stated in the respective offers as well as the shipping costs represent final prices and include VAT at the rate of 19%. You will, of course, receive an invoice with the tax shown.
§4 Shipping and payment
You have a wide range of payment options at your disposal.
The dispatch takes place exclusively by in-house delivery service.
§5 Retention of title
The object of purchase remains our property until full payment has been made.
Your entrepreneurial warranty claims due to defects in the purchased item shall become statute-barred one year after the transfer of risk. Excluded from this regulation are claims for damages, claims due to defects which we fraudulently concealed and claims arising from a guarantee which we have assumed for the quality of the item. The right of recourse according to § 478 BGB is also excluded. The statutory limitation periods shall apply to these excluded claims.
In case of any kind of problems, malfunctions, the customer is obliged to send the device/item to us in its original packaging. We assume no liability for damaged devices.
All accessories and wearing parts such as handpieces are excluded. It is expressly pointed out that we do not guarantee any effect promises on the treatment success. The transport costs for repair services shall be borne by the buyer under the warranty and, if applicable, in the event of a warranty claim. There is no entitlement to loan equipment or replacement equipment for the period of repair or compensation for the time of repair or spare parts procurement. This is only possible on an individual goodwill basis.
If the customer acts as a merchant within the meaning of § 1 HGB (German Commercial Code), he shall be subject to the commercial obligation to examine and give notice of defects pursuant to § 377 HGB (German Commercial Code). He must carefully examine the delivered items immediately after delivery to the buyer or to the third party designated by him and notify the seller of the material defects in writing without delay. If the customer fails to comply with the notification obligations regulated therein, the goods shall be deemed to have been approved.
In the case of entrepreneurs, an insignificant defect does not in principle justify any claims for defects, the seller has the choice of the type of subsequent performance, in the case of new goods the limitation period for defects is half a year from the transfer of risk, the limitation period does not begin again if a replacement delivery is made within the scope of liability for defects.
If, despite all the care taken, the delivered products show a defect which already existed at the time of transfer of risk, the Seller shall, subject to timely notification of the defect by the commercial customer, repair the products or deliver replacement products at his discretion. The seller has the right to choose. The Seller shall always be given the opportunity to remedy the defect within a reasonable period of time.
If the supplementary performance is to take place by way of a replacement delivery, the customer is obliged to return the goods delivered first to us before delivery of the new device. The defective goods must be returned in accordance with the statutory provisions.
The devices may only be opened or repaired by us in order to avoid danger, unless this has been agreed and/or agreed with us. We also accept no liability for any type of improper treatment/operation. The customer is obliged to always adhere to the operating instructions. Also to the indicated treatment times. We do not assume any damages or liability for injuries to the customer. They work and treat at their own risk and responsibility.
We make no warranty (express, implied, statutory or otherwise) as to the quality, performance, accuracy, reliability, fitness for a particular purpose or other characteristics of the product. We commit ourselves by the guarantee only to the repair or to the exchange of products, which are subject to the guarantee conditions. We shall not be liable for any loss or damage of a tangible or intangible nature, such as purchase price, loss of profits, loss of revenue, loss of data, loss of enjoyment of life or unavailability of the product or related components, which may arise directly, indirectly or as a result of products or services covered by this warranty or otherwise.