Terms of service
General Terms and Conditions (GTC)
Overview of Contents:
- Scope of Application
- Order Process and Conclusion of Contract
- Contract Text and Language
- Pricing and Shipping Costs
- Payment Methods and Conditions
- Retention of Title
- Delivery and Product Availability
- Sale of Vouchers
- Promotional Vouchers
- Cancellation Policy
- Warranty and Liability
- Dispute Resolution
1. Scope of Application
These General Terms and Conditions (GTC) apply to the business relationship between EnviWell (hereinafter referred to as the "Seller") and the purchaser (hereinafter referred to as the "Buyer") of the Seller's products and services (hereinafter referred to as "Products" or "Goods").
Any differing conditions provided by the customer will not be recognized, even if the Seller performs its services without reservation, unless the Seller explicitly agrees to their applicability.
"Consumer" as used in these GTC refers to any natural person entering into a legal transaction for purposes that are predominantly outside their trade, business, or professional activities.
"Entrepreneur" as used in these GTC refers to a natural or legal person or a legally responsible partnership acting in their trade, business, or professional capacity when entering into a legal transaction.
2. Order Process and Conclusion of Contract
The presentation of products on the website, digital brochures, or catalogs does not constitute a legally binding offer but is an invitation for the customer to submit an offer by placing an order.
The customer can select products from the Seller’s assortment and collect them in a virtual shopping cart, where selections can be adjusted before finalizing the order. By clicking the final order button, the customer submits a binding offer for the products in their cart.
The Seller may accept the customer’s offer within a five-day acceptance period, either explicitly (e.g., via email), by dispatching the ordered goods, or through a payment request directed to the customer. If the Seller does not accept the offer within this period, the offer lapses, and no contract is formed.
Contracts may also be concluded via email, telephone, fax, contact forms, or postal correspondence following similar procedures.
The customer is responsible for ensuring the accuracy of their submitted information, particularly email and delivery addresses.
3. Contract Text and Language
The Seller saves the contract text and makes it available to the customer in text form (e.g., via email or in the delivery). Customers may print the contract text before finalizing the order.
Contracts can be concluded in German.
4. Pricing and Shipping Costs
All prices include statutory VAT unless otherwise stated. Additional delivery and shipping charges are specified in the product descriptions and during the checkout process.
The risk of shipment loss or damage lies with the Seller if the customer is a consumer.
In the event of a withdrawal, the customer bears the direct return shipping costs.
5. Payment Methods and Conditions
Payments must be made without deductions unless otherwise agreed. The Seller offers several payment methods, including:
- Invoice payment (available from the third order onward).
- Credit card payments, processed immediately upon order placement.
- PayPal, subject to PayPal's terms and conditions.
The Seller reserves the right to charge late payment fees or interest if payment deadlines are missed.
6. Retention of Title
The Seller retains ownership of the delivered goods until payment is received in full.
For entrepreneurs, ownership is retained until all outstanding claims from the business relationship are settled.
7. Delivery and Product Availability
Products are delivered to the specified address unless otherwise agreed. The Seller is not responsible for failed deliveries due to incorrect information provided by the customer.
If a product is unavailable due to supplier issues, the Seller may cancel the contract and will promptly notify the customer, offering a comparable product if available.
8. Sale of Vouchers
The GTC also apply to voucher purchases. Vouchers are delivered electronically for download.
9. Promotional Vouchers
Promotional vouchers, issued free of charge as part of campaigns, are subject to specific conditions. They are not transferable or combinable with other vouchers unless explicitly stated.
10. Cancellation Policy
The details of the cancellation policy are outlined in the dedicated cancellation section.
11. Warranty and Liability
The warranty and liability of the Seller are governed by statutory provisions, subject to exclusions and limitations for minor negligence, except in cases of death, personal injury, or breach of essential obligations.
12. Dispute Resolution
The EU Commission provides an online dispute resolution platform available at https://ec.europa.eu/consumers/odr/.
The Seller is not obligated or willing to participate in consumer arbitration proceedings.
Jurisdiction and Applicable Law:
Legal disputes fall under the jurisdiction of the Local Court of Cloppenburg, Germany. German law applies.
For further details, including specific provisions for returns, seminars, webinars, and intellectual property, refer to the complete GTC.