Terms of service

Table of Contents

1. Scope of application
2. Conclusion of contract
3. Right of withdrawal
4. Prices and payment terms
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. Place of jurisdiction
12. Alternative dispute resolution

1) Scope of application

1.1 These General Terms and Conditions (hereinafter “GTC”) of wb daily care GmbH (hereinafter “Seller”) shall apply to all contracts for the supply of goods which a consumer or entrepreneur (hereinafter “Customer”) concludes with the Seller in respect of the goods presented by the Seller in its online shop. The inclusion of the Customer’s own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes which predominantly can be attributed neither to their commercial nor to their self-employed professional activity.

1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity which, when entering into a legal transaction, acts in the exercise of its commercial or self-employed professional activity.

1.4 If the Customer is domiciled in Switzerland or Liechtenstein and uses as invoice and delivery address one which has been provided by MeinEinkauf AG, Fürstenlandstrasse 35, 9000 St. Gallen, Switzerland (hereinafter "MeinEinkauf"), the following terms and conditions shall apply with the proviso that "MeinEinkauf" shall become the Customer’s contractual partner instead of the Seller. In this case the Seller shall merely act as an intermediary between the Customer and MeinEinkauf and shall not itself become a party to the contract of sale. The Customer shall be expressly informed of this in the Seller’s online shop. In this case, MeinEinkauf shall be responsible for the performance of the contract. In this case the Seller shall handle the correspondence with the Customer on behalf of MeinEinkauf. This shall also apply to correspondence in connection with any disruptions of performance, in particular where the Customer asserts rights in respect of defects.

2) Conclusion of contract

2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers on the part of the Seller, but serve for the submission of a binding offer by the Customer.

2.2 The Customer may submit the offer via the online order form integrated into the Seller’s online shop. In doing so, after placing the selected goods in the virtual shopping basket and completing the electronic ordering process, the Customer submits a legally binding contractual offer in respect of the goods contained in the shopping basket by clicking the button which 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 email), in which case the receipt of the order confirmation by the Customer shall be decisive, or
• by delivering the ordered goods to the Customer, in which case the receipt of the goods by the Customer shall be decisive, or
• by requesting payment from the Customer after the Customer has placed their order.

If several of the aforementioned alternatives apply, the contract shall be concluded at the point in time at which one of the aforementioned alternatives first occurs. The period for acceptance of the offer shall begin on the day after the Customer sends the offer and shall end upon expiry of the fifth day following the sending 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 shall no longer be bound by their declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment shall be processed 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, available 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, available at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the Customer pays by means of 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 point in time at which the Customer clicks the button which concludes the ordering process.

2.5 In the case of an order placed via the Seller’s online order form, the text of the contract shall be stored by the Seller after conclusion of the contract and sent to the Customer in text form (e.g. email, fax or letter) after the Customer has sent their order. The Seller shall not make the text of the contract accessible beyond this. If the Customer has set up a user account in the Seller’s online shop before sending their order, the order data will be archived on the Seller’s website and can be accessed by the Customer free of charge via their password-protected user account by entering the corresponding login data.

2.6 Before bindingly submitting the 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 may be the magnification function of the browser, with the help of which the display on the screen is enlarged. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button which concludes the ordering process.

2.7 Different languages are available for the conclusion of the contract. The specific language selection is displayed in the online shop.

2.8 Order processing generally takes place automatically by email. The Customer must ensure that the email address they provide for order processing is correct, so that emails sent by the Seller can be received at this address.

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 instructions.

3.3 The right of withdrawal shall not apply to consumers who, at the time of conclusion of the contract, are not nationals of any Member State of the European Union and whose sole place of residence and delivery address are located outside the European Union at the time of conclusion of the contract.

4) Prices and payment terms

4.1 Unless otherwise stated in the Seller’s product description, the prices quoted are total prices which include statutory value added tax. Any additional delivery and shipping costs which may arise shall be stated separately in the respective product description.

4.2 In the case of deliveries to countries outside the European Union, further costs may arise in individual cases for which the Seller is not responsible and which are to be borne by the Customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also arise in relation to the transfer of money if the delivery is not made to a country outside the European Union but the Customer makes the payment from a country outside the European Union.

4.3 The payment option(s) shall be communicated to the Customer in the Seller’s online shop.

4.4 If payment in advance by bank transfer has been agreed, payment shall be due immediately after conclusion of the contract, unless the parties have agreed a later due date.

4.5 If a payment method offered via the payment service “PayPal” is selected, payment shall be processed via PayPal, whereby PayPal may also make use of the services of third-party payment service providers for this purpose. If the Seller also offers via PayPal payment methods under which it renders advance performance to the Customer (e.g. purchase on account or payment by instalments), it shall assign its payment claim in this respect to PayPal or to the payment service provider commissioned by PayPal and specifically named to the Customer. Before accepting the Seller’s declaration of assignment, PayPal or the payment service provider commissioned by PayPal shall carry out a credit check using the transmitted customer data. The Seller reserves the right to refuse the selected payment method to the Customer in the event of a negative check result. If the selected payment method is permitted, the Customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, the Customer can only make payment with debt-discharging effect to PayPal or to the payment service provider commissioned by PayPal. However, even in the event of an assignment of the claim, the Seller shall remain responsible for general customer enquiries, e.g. regarding the goods, delivery time, dispatch, returns, complaints, declarations of withdrawal and returns, or credit notes.

4.6 If a payment method offered via the payment service "Shopify Payments" is selected, payment shall be processed by Shopify International Limited, Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland (“Shopify”). The individual payment methods offered via Shopify Payments shall be communicated to the Customer in the Seller’s online shop. To process payments, Shopify may make use of further payment services for which special payment terms may apply, of which the Customer may be informed separately. 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 dispatch of the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address specified by the Customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the Seller’s order processing shall be decisive. Notwithstanding this, if the payment method PayPal is selected, the delivery address stored by the Customer with PayPal at the time of payment shall be 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 shall not apply with regard to the costs of dispatch if the Customer effectively exercises their right of withdrawal. With regard to the costs of return, in the event of effective exercise of the right of withdrawal by the Customer, the provision made in this respect in the Seller’s withdrawal instructions shall apply.

5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the Customer as soon as the Seller has delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the dispatch. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall in principle only pass upon handover of the goods to the Customer or to a person authorised to receive them. Notwithstanding this, the risk of accidental loss and accidental deterioration of the goods sold shall also pass to the Customer in the case of consumers as soon as the Seller has delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the dispatch, if the Customer has commissioned the forwarding agent, the carrier or the person or institution otherwise designated to carry out the dispatch to perform the dispatch and the Seller has not previously named this person or institution to the Customer.

5.4 If the Customer acts as a consumer domiciled in Germany or as an entrepreneur, the Seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery to itself. However, this shall only apply in the event that the non-delivery is not the responsibility of the Seller and the Seller has, with due care, concluded a specific hedging transaction with the supplier. The Seller shall undertake all reasonable efforts to procure the goods. In the event of the unavailability or only partial availability of the goods, the Customer shall be informed without undue delay and the consideration shall be refunded without undue delay.

5.5 Collection in person is not possible for logistical reasons.

6) Retention of title

If the Seller renders advance performance, it retains title to the delivered goods until the purchase price owed has been paid in full.

7) Liability for defects (warranty)

Unless otherwise provided in the following provisions, the statutory provisions on liability for defects shall apply. Notwithstanding this, the following shall apply to contracts for the supply of goods:

7.1 If the Customer acts as an entrepreneur,

• the Seller shall have the choice as to the type of subsequent performance;
• in the case of new goods, the limitation period for rights in respect of defects shall be one year from delivery of the goods;
• in the case of used goods, rights in respect of defects shall be excluded;
• the limitation period shall not start anew if a replacement delivery is made within the scope of liability for defects.

7.2 The limitations of liability and shortening of periods set out above shall not apply

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

7.3 In addition, for entrepreneurs it shall apply that the statutory limitation periods for any statutory right of recourse that may exist remain unaffected.

7.4 If the Customer acts as a merchant within the meaning of § 1 HGB, they shall be subject to the commercial duty to inspect and give notice of defects pursuant to § 377 HGB. If the Customer fails to comply with the notification obligations set out therein, the goods shall be deemed approved.

7.5 If the Customer acts as a consumer, they are requested to complain to the deliverer about 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 their statutory or contractual claims in respect of defects.

8) Liability

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

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

• in the event of intent or gross negligence,
• in the event of intentional or negligent injury to life, body or health,
• on the basis of a guarantee promise, unless otherwise provided in this respect,
• on the basis of mandatory liability, such as under the Product Liability Act.

8.2 If the Customer acts as a consumer domiciled in Germany or as an entrepreneur, the following limitations of liability shall apply:

If the Seller negligently breaches a material contractual obligation, its liability shall be limited to the damage foreseeable and typical for the type of contract, unless it is liable without limitation pursuant to the preceding clause. Material contractual obligations are obligations which the contract imposes on the Seller according to its content in order to achieve the purpose of the contract, the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which the Customer may regularly rely. In all other respects, liability of the Seller is excluded, unless it is liable without limitation pursuant to the preceding clause.

8.3 The above liability provisions shall also apply with regard to the Seller’s liability for its vicarious agents and legal representatives.

9) Redemption of promotional vouchers

9.1 Vouchers which are issued free of charge by the Seller within the scope 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 stated period.

9.2 Promotional vouchers can only be redeemed by consumers.

9.3 Individual products may be excluded from the voucher campaign, provided that a corresponding restriction results from the content of the promotional voucher.

9.4 Promotional vouchers can only be redeemed before the ordering process is completed. Subsequent offsetting is not possible.

9.5 Only one promotional voucher can be redeemed per order.

9.6 If the promotional voucher relates to a specific value and not to a percentage price reduction, the value of the goods must at least correspond 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 shall neither be paid out in cash nor bear interest.

9.9 The promotional voucher shall not be refunded if the Customer returns the goods paid for in whole or in part with the promotional voucher within the scope of their statutory right of withdrawal.

9.10 The promotional voucher is transferable. The Seller may render performance with discharging effect to the respective holder who redeems the promotional voucher in the Seller’s online shop. This shall not apply if the Seller has knowledge, or is unaware due to gross negligence, of the lack of entitlement, the legal incapacity or the lack of authority of representation of the respective holder.

10) Applicable law

10.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, to the exclusion of the laws on the international sale of movable goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not thereby withdrawn.

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

11) Place of jurisdiction

If the Customer acts as a merchant, a legal entity under public law or a special fund under public law with its 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 its 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 Customer’s professional or commercial activity. However, in the aforementioned cases the Seller shall in any event be 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 a dispute resolution procedure before a consumer arbitration board, but is willing to do so.