Terms of service

Table of Contents

1. Scope of Application
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Terms of Payment
5. Delivery and Shipping Terms
6. Retention of Title
7. Liability for Defects (Warranty)
8. Liability
9. Redemption of Promotional Vouchers
10. Applicable Law
11. Jurisdiction
12. Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter "Terms and Conditions") of wb daily care GmbH (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller with regard to the goods presented by the Seller in its online shop. By this, the inclusion of the Customer's own terms and conditions is hereby rejected, unless something else has been agreed.

1.2 A consumer within the meaning of these Terms and Conditions is any natural person who concludes a legal transaction for purposes which cannot be attributed predominantly to either their commercial or self-employed professional activity.

1.3 An entrepreneur within the meaning of these Terms and Conditions is a natural or legal person or a legally capable partnership which acts in the exercise of its commercial or self-employed professional activity when concluding a legal transaction.

1.4 If the Customer has their delivery and billing address in Switzerland or Liechtenstein, the following terms and conditions shall apply with the proviso that, instead of the Seller, MeinEinkauf AG, Fürstenlandstrasse 35, 9000 St. Gallen, Switzerland (hereinafter "MeinEinkauf") becomes the contracting party of the Customer. In this case, the Seller merely acts as an intermediary between the Customer and MeinEinkauf and does not itself become a party to the purchase contract. The Customer is expressly informed of this in the Seller's online shop. MeinEinkauf is responsible for contract processing in this case. The Seller undertakes correspondence with the Customer on behalf of MeinEinkauf in this case. This also applies to correspondence in connection with any performance failures, in particular in respect of the assertion of defect claims by the Customer.

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers by the Seller, but rather serve for the Customer to make a binding offer.

2.2 The Customer may make the offer via the online order form integrated into the Seller's online shop. After placing the selected goods in the virtual shopping basket and completing the electronic ordering process, the Customer makes a legally binding contract offer in respect of the goods contained in the shopping basket by clicking the button that concludes the ordering process.

2.3 The Seller may accept the Customer's offer within five days,

• by sending the Customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the Customer is decisive, or
• by delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or
• by requesting payment from the Customer after the Customer has placed the order.

If more than one of the aforementioned alternatives applies, the contract is concluded at the time when one of the aforementioned alternatives first occurs. The period for accepting the offer commences on the day after the Customer sends the offer and ends at the expiration of the fifth day following the dispatch of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the consequence that the Customer is no longer bound by its declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal terms of use, which can be viewed at https://www.paypal.com/de/legalhub/paypal/useragreement-full or – if the Customer does not have a PayPal account – subject to the terms and conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the Customer pays using a payment method offered by PayPal and selectable in the online ordering process, the Seller hereby declares acceptance of the Customer's offer at the moment the Customer clicks the button which concludes the ordering process.

2.5 When ordering via the Seller's online order form, the contract text is saved by the Seller after contract conclusion and transmitted to the Customer in text form (e.g. e-mail, fax or letter) after dispatch of the order. No further provision of the contract text by the Seller takes place beyond this. If the Customer has created a user account in the Seller's online shop before sending the order, the order data will be archived on the Seller's website and can be retrieved free of charge by the Customer via the password-protected user account by providing the corresponding login details.

2.6 Before making a binding order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better identification of input errors can be the browser's zoom function, which enlarges the display on the screen. The Customer can correct entries within the electronic ordering process as long as needed using the usual keyboard and mouse functions, until the Customer clicks the button which concludes the ordering process.

2.7 German is available for contract conclusion.

2.8 Order processing and contact are generally conducted by e-mail and automated order processing. The Customer must ensure that the e-mail address provided for order processing is correct, so that e-mails sent by the Seller can be received at this address. In particular, the Customer must ensure, in the case of the use of spam filters, that all e-mails sent by the Seller or by third parties commissioned by the Seller for order processing can be delivered.

3) Right of Withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the Seller's withdrawal information.

3.3 The right of withdrawal does not apply to consumers who are not a member of a Member State of the European Union at the time of contract conclusion and whose sole place of residence and delivery address at the time of contract conclusion is outside the European Union.

4) Prices and Terms of Payment

4.1 Unless the Seller's product description provides otherwise, the stated prices are total prices which include the statutory sales tax. Any delivery and shipping costs that may additionally arise are separately stated in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases, which the Seller is not responsible for and which must be borne by the Customer. These include, for example, costs for money transfers by credit institutions (e.g. transfer fees, exchange rate fees) or import-related levies or taxes (e.g. customs duties). Such costs can also be incurred in relation to money transfers even if delivery is not to a country outside the European Union, but the Customer makes payment from a country outside the European Union.

4.3 The payment method(s) is/are communicated to the Customer in the Seller's online shop.

4.4 If a payment method offered via the "PayPal" payment service is selected, payment processing is carried out via PayPal, whereby PayPal may also make use of the services of third party payment service providers. To the extent that the Seller also offers payment methods via PayPal in which the Seller provides advance performance to the Customer (e.g. purchase on account or instalment payment), the Seller assigns its payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the Customer. Before accepting the Seller's assignment declaration, PayPal or the payment service provider commissioned by PayPal carries out a creditworthiness check using the transmitted customer data. The Seller reserves the right to refuse the selected payment method to the Customer in the case of a negative examination result. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, the Customer can only make payment to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, the Seller remains responsible even in the event of assignment of the claim for general customer enquiries, e.g. regarding goods, delivery time, dispatch, returns, complaints, withdrawal declarations and submissions or credits.

4.5 If a payment method offered via the "Shopify Payments" payment service is selected, payment processing is carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments are communicated to the Customer in the Seller's online shop. To process payments, Stripe may make use of further payment services, for which special payment terms may apply, to which the Customer may be separately informed. Further information on "Shopify Payments" is available on the Internet at https://www.shopify.com/legal/terms-payments-de.

5) Delivery and Shipping Terms

5.1 If the Seller offers shipment of the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address specified by the Customer, unless something else has been agreed. In the execution of the transaction, the delivery address specified in the Seller's order processing is decisive. By way of exception, if the PayPal payment method is selected, the delivery address stored with PayPal by the Customer at the time of payment is decisive.

5.2 If delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply to the costs of sending, if the Customer effectively exercises the right of withdrawal. For return shipping costs, the regulation made in the Seller's withdrawal information shall apply when the Customer effectively exercises the right of withdrawal.

5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has delivered the goods to the freight forwarder, freight carrier or other person or organisation intended to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods shall generally pass to the Customer only upon handover of the goods to the Customer or an authorised recipient. By way of exception, the risk of accidental loss and accidental deterioration of the sold goods also passes to the Customer as soon as the Seller has delivered the goods to the freight forwarder, freight carrier or other person or organisation intended to carry out the shipment, even in the case of consumers, if the Customer has commissioned the freight forwarder, freight carrier or other person or organisation intended to carry out the shipment to do so and the Seller has not previously named this person or organisation to the Customer.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This applies only in the event that the non-delivery is not the responsibility of the Seller and the Seller has concluded a concrete cover transaction with the supplier with due diligence. The Seller will make all reasonable efforts to obtain the goods. In the event of unavailability or only partial availability of the goods, the Customer will be informed without delay and the consideration will be refunded without delay.

5.5 Collection in person is not possible for logistical reasons.

6) Retention of Title

If the Seller provides advance performance, the Seller retains ownership of the delivered goods until full payment of the purchase price owed.

7) Liability for Defects (Warranty)

Insofar as the following provisions do not provide otherwise, the provisions of statutory liability for defects apply. By way of exception, the following applies to contracts for the delivery of goods:

7.1 If the Customer acts as an entrepreneur,

• the Seller shall have the choice of the type of supplementary performance;
• for new goods, the limitation period for defect claims is one year from delivery of the goods;
• for used goods, defect claims are excluded;
• the limitation period does not commence anew if replacement delivery is made as part of liability for defects.

7.2 The aforementioned liability limitations and period shortenings do not apply

• to claims for damages and reimbursement of expenses by the Customer,
• in the event that the Seller fraudulently concealed the defect,
• for goods which have been used in accordance with their customary use for a structure and have caused defectiveness thereof,
• for any obligation of the Seller to provide updates for digital products, in contracts for the delivery of goods with digital elements.

7.3 Furthermore, for entrepreneurs, the statutory limitation periods for any statutory right of recourse remain unaffected.

7.4 If the Customer acts as a merchant within the meaning of § 1 HGB, the Customer is subject to the commercial examination and notice duties in accordance with § 377 HGB. If the Customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.

7.5 If the Customer acts as a consumer, the Customer is requested to lodge a complaint with the delivery person regarding delivered goods with obvious transport damage and to inform the Seller thereof. If the Customer fails to do so, this shall have no effect whatsoever on the Customer's statutory or contractual defect claims.

8) Liability

The Seller shall be liable to the Customer for all contractual, quasi-contractual and statutory, including tortious claims for damages and reimbursement of expenses as follows:

8.1 The Seller shall be liable without limitation on any legal ground

• for intent or gross negligence,
• for intentional or negligent breach of life, body or health,
• on the basis of a warranty guarantee, insofar as nothing to the contrary is otherwise regulated,
• on the basis of mandatory liability such as under the Product Liability Act.

8.2 If the Seller negligently breaches an essential contractual obligation, liability is limited to the typical foreseeable damage arising from the contract, insofar as the Seller is not liable without limitation in accordance with the preceding paragraph. Essential contractual obligations are obligations which the contract imposes on the Seller according to its contents to achieve the purpose of the contract, the performance of which is necessary for proper execution of the contract at all and on the observance of which the Customer may regularly rely.

8.3 In all other respects, the Seller's liability is excluded.

8.4 The above liability provisions also apply with regard to the Seller's liability for its performance agents and statutory representatives.

9) Redemption of Promotional Vouchers

9.1 Vouchers which are issued by the Seller free of charge as part of promotional campaigns with a specific period of validity and which cannot be purchased by the Customer (hereinafter "promotional vouchers") can only be redeemed in the Seller's online shop and only within the specified time period.

9.2 Promotional vouchers can only be redeemed by consumers.

9.3 Individual products may be excluded from the voucher campaign if a corresponding restriction is evident from the content of the promotional voucher.

9.4 Promotional vouchers can only be redeemed before completion of the order process. Subsequent settlement is not possible.

9.5 Only one promotional voucher can be redeemed per order.

9.6 If the promotional voucher refers to a specific amount and not to a percentage discount, the value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.

9.7 If the value of the promotional voucher is insufficient to cover the order, one of the other payment methods offered by the seller may be selected to settle the difference.

9.8 The credit of a promotional voucher will neither be paid out in cash nor earn interest.

9.9 The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher pursuant to his statutory right of withdrawal.

9.10 The promotional voucher is transferable. The seller may perform with a discharging effect to the respective holder who redeems the promotional voucher in the seller's online shop. This does not apply if the seller has knowledge or gross negligence of the lack of entitlement, lack of legal capacity or lack of authority to represent on the part of the respective holder.

10) Applicable Law

10.1 All legal relationships between the parties shall be governed by the law of the Federal Republic of Germany, excluding the laws on the international sale of movable goods. For consumers, this choice of law applies only insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.

10.2 Furthermore, this choice of law does not apply with regard to the statutory right of withdrawal for consumers who are not members of a Member State of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address at the time of conclusion of the contract are outside the European Union.

11) Jurisdiction

If the customer acts as a merchant, legal entity under public law or public law special asset with registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the seller's place of business. If the customer has his registered office outside the territory of the Federal Republic of Germany, the seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the professional or commercial activity of the customer. In the foregoing cases, however, the seller is in any case entitled to bring proceedings before the court at the customer's registered office.

12) Alternative Dispute Resolution

The seller is not obliged to participate in dispute resolution proceedings before a consumer arbitration body, but is willing to do so.