1.1 These terms and conditions of Wellance Medical AG (hereinafter "Seller") apply to all contracts that a customer/consumer or entrepreneur (hereinafter "Customer") concludes with the seller (T&C issuer) with regard to of the goods and/or services presented by the seller in his online shop. The inclusion of the customer's own conditions is hereby contradicted, unless something else has been agreed. The relevant point in time for the applicability and validity of these GTC is the point in time at which the order is placed on the homepage under the version published on www.ellance.ch/en.
1.2 These terms and conditions apply accordingly to contracts for the delivery of vouchers, unless otherwise expressly regulated.
1.3 A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for a purpose that is neither commercial nor self-employed. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
1.4. These terms and conditions apply to entrepreneurs for every further future business relationship, without explicit reference to them having to be made. If the other contractual partner uses supplementary or conflicting general terms and conditions, their validity is hereby contradicted and only become part of the contract if Swiss Organic Partners AG has agreed.
1.5. We recommend placing orders within Europe for logistically problem-free business transactions via the EU online shop in EUR. Orders within Switzerland via the CH online shop in CHF. The customer is expressly informed of this differentiation during the ordering process.
2) Conclusion of contract
2.1 The product descriptions in the seller's online shop do not represent binding offers on the part of the seller, but serve to enable the customer to submit a binding offer. This applies with regard to the presentation of the products in the online shop and in digital printed brochures or catalogs or comparable product presentations.
2.2 The customer can submit the offer via the online order form integrated in the seller's online shop. After entering their personal data and the desired shipping options, the customer submits a legally binding offer in relation to the goods and/or services contained in the shopping cart by clicking on the button that concludes the ordering process. Before completing the ordering process, the customer can change and adjust the goods in the shopping cart at any time without obligation. After submitting a binding offer, the customer receives an order confirmation via e-mail from the seller, which is considered a non-binding acceptance of the offer by the customer.
2.3 The seller can bindingly accept the customer's offer within five days by sending the customer a binding written order confirmation or an order confirmation in text form (fax or e-mail), whereby access the customer's order confirmation is decisive, or he delivers the ordered goods to the customer, in which case the receipt of the goods by the customer is decisive, or by asking the customer to pay after placing his order. If there are several acceptance processes, the earliest point in time for the conclusion of the contract is decisive.If the seller does not accept the customer's offer within the aforementioned period, this is considered a rejection of the offer with the result that the parties are no longer bound by their declarations of intent
2.4 The period for accepting the offer begins on the day after the customer has sent the offer and ends at the end of the fifth day following the sending of the offer.
2.5 Before the binding submission of the order via the seller's online order form, the customer can continuously correct his entries using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window prior to the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.
2.6 The German language is available for the conclusion of the contract.
2.7 The order processing and contacting takes place via e-mail and automated order processing. The customer must ensure that the data provided by him for order processing, in particular the e-mail address, is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned to process the order can be delivered. The seller cannot be held responsible for a wrong delivery that is the responsibility of the customer.
3) Right of withdrawal
The information on the right of cancellation to which the customer is entitled can be found in the seller's separate cancellation policy.
4) Prices, terms of payment and ordering information
4.1 Unless otherwise stated, the seller's prices include statutory value-added tax/sales tax and other price components. Any additional delivery and shipping costs are specified separately in the respective product description and communicated to the customer before completing the respective order process.
4.2 The customer has various payment options available, which are specified in the seller's online shop. Details on the ordering conditions can be called up before completing the ordering process.
4.3 If advance payment has been agreed, payment is due immediately after conclusion of the contract.
4.4 If you select the delivery on account payment method, the purchase price is due after the goods have been delivered and invoiced.
If the delivery on account payment method is selected, the purchase price must be paid within 14 (fourteen) days of receipt of the invoice without deductions, unless otherwise agreed. The seller reserves the right to carry out a credit check when selecting the payment method delivery on account and to reject this payment method if the credit check is negative.
4.5 The credit card payment method requires a successful credit check by Klarna Bank AB. If the customer is allowed to pay by credit card after checking the creditworthiness, the payment is processed in cooperation with Wellance Medical AG, to which the provider assigns his payment claim. Klarna Bank AB will collect the invoice amount from the customer's specified credit card account. In the event of assignment, payment can only be made to Wellance Medical AG with debt-discharging effect. The credit card will be charged immediately after the customer's order has been sent in the online shop. Even if the credit card payment method is selected via Wellance Medical AG, the provider remains responsible for general customer inquiries, e.g. about the goods, delivery time, shipping, returns, complaints, declarations of cancellation and cancellations or credits.
5) Terms of delivery and shipping
51 The delivery of goods takes place regularly on the shipping route and to the delivery address specified by the customer. When processing the transaction, the delivery address specified in the seller's order processing is decisive. Deviating from this, when selecting the PayPal payment method, the delivery address stored by the customer at PayPal at the time of payment is decisive.
5.2 If the transport company sends the shipped goods back to the seller because delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment.
5.3 In principle, the risk of accidental loss and accidental deterioration of the goods sold passes when the goods are handed over for dispatch or when they are handed over to the transport person commissioned.
5.4 For logistical reasons, pickup is not possible.
6) Liability for defects and transport damage
6.1 Subject to the following regulation, the statutory liability for defects applies. The seller bears no liability or guarantee for the connection or software/hardware problems in the sphere of the customer, which lead to the disruption of the execution or justification of the contract. With regard to additional, special guarantees for individual products, there is separate information for the individual products, which takes precedence over these regulations, unless otherwise agreed between the parties.
6.2. Goods that are delivered to the customer with obvious transport damage should be reported to the seller as immediately and as quickly as possible. Failure to lodge a complaint does not lead to a reduction in the customer's warranty rights, but does help the seller to enforce its own claims for recourse against the supplier.
7) Redeeming promotional vouchers
7.1 Vouchers that are issued free of charge by the seller as part of promotions with a specific period of validity and that cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the seller's online shop and can only be redeemed within the specified period.
7.2 Promotional vouchers can only be redeemed by consumers.
7.3 Individual products may be excluded from the voucher campaign if a corresponding restriction results from the content of the campaign voucher.
7.4 Promotional vouchers can only be redeemed before completing the ordering process. Subsequent settlement is not possible.
7.5 Only one promotional voucher can be redeemed per order.
7.6 The value of the goods must be at least the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.
7.7 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.
7.8 The balance of a promotional voucher is neither paid out in cash nor does it earn interest.
7.9 The campaign voucher will not be refunded if the customer returns the goods paid for in whole or in part with the campaign voucher within the scope of his contractual right of withdrawal, if such a right has been agreed.
7.10 The promotional voucher is transferrable. The seller can pay with discharging effect to the respective owner who redeems the promotional voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, the legal incapacity or the lack of the right to represent the respective owner.
8) Redeeming Gift Certificates
81 Vouchers that can be purchased via the seller's online shop (hereinafter "gift vouchers") can only be redeemed in the seller's online shop, unless otherwise stated in the voucher .
8.2 Gift vouchers and remaining gift voucher balances can be redeemed up to the end of the third year after the year of voucher purchase. Remaining credit will be credited to the customer by the expiry date.
8.3 Gift vouchers can only be redeemed before completing the ordering process. Subsequent settlement is not possible.
8.4 Only one gift card can be redeemed per order.
8.5 Gift vouchers can only be used to purchase goods and cannot be used to purchase additional gift vouchers.
8.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be used to settle the difference.
8.7 The balance of a gift card will not be paid out in cash or interest.
8.8 The gift voucher is transferrable. The seller can pay with discharging effect to the respective owner who redeems the gift voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, the legal incapacity or the lack of authorization to represent the respective owner.
9) Retention of title
9.1 If the seller pays in advance, the shipped products remain the property of the seller until the purchase price has been paid in full.
9.2 For entrepreneurs, the seller also retains ownership of the goods until all claims from the current business relationship have been paid in full. In the case of resale in the normal course of business of the purchaser, the buyer assigns the claim to the seller until the purchase price has been paid in full, provided that the seller expressly agrees to this in the individual case. The seller accepts this assignment and is entitled to collect claims if the buyer does not meet his payment obligations.
10) Applicable law, place of jurisdiction
10.1 If the customer acts as a consumer, Swiss law shall apply to all legal relationships between the parties, excluding the UN Convention on the International Sale of Goods and the exclusive place of jurisdiction for all disputes arising from this contract is the place of residence of the Customers.
10.2 If the customer acts as an entrepreneur, merchant within the meaning of the HGB or as a legal entity under public law, the exclusive place of jurisdiction for all disputes arising from this contract is always the seller's place of residence or business.
10.3 German law applies to all goods that are ordered by the customer via the Europa shop (see Section 1.5 of the General Terms and Conditions), excluding the UN Sales Convention. The German place of jurisdiction, which is at the consumer's place of residence in Germany, also applies accordingly if the consumer has a German place of residence.
10.4 Swiss law applies to all goods that the customer orders via the Swiss online shop (see Section 1.5 of the General Terms and Conditions), excluding the UN Sales Convention. The Swiss place of jurisdiction, which is at the consumer's place of residence in Switzerland, also applies accordingly if the consumer has a Swiss place of residence.
11) Dispute Resolution
The European Commission provides a platform for online dispute resolution, which can be accessed at http://ec.europa.eu/consumers/odr/.Consumers can make use of the opportunity to use this platform to settle their disputes. The seller is not obliged to participate in a dispute settlement procedure before a consumer arbitration board.
Responsible is the federal universal arbitration board at the Center for Arbitration e.V., Strassburger Straße 8, 77694 Kehl am Rhein, accessible at: https://www.universalschlichtungsstelle.de
12) Data protection and data processing
With regard to the regulations on data protection and data processing, reference is made to Wellance Medical AG's separate data protection form, which can be accessed at https://www.ellance.ch/en/pages/datenschutzhinweise.
13) Contact and service details
Customer service can be reached under the following details: firstname.lastname@example.org