General Terms and Conditions for End Customers
Status: 01.06.2024
Please note that for reasons of easier readability, we have refrained from differentiating between genders. In the spirit of equal treatment, the relevant terms apply to all genders. We also refrain from using formal forms of address in the text to improve the flow of reading.
(1) The business relationship between THE WEEZEL SALES, Owner: Fabian Koßmehl, Amthausstraße 1, DE-HE, 35428 Langgöns (hereinafter referred to as "Seller") and the customer (hereinafter referred to as "Customer" or "Buyer") are exclusively subject to the following General Terms and Conditions in the version valid at the time of the order.
(2) You can contact our customer service for questions, complaints and objections on weekdays from 10:00 a.m. to 6:00 p.m. by email at [email protected] or by phone at +49 6403 696 87 90. You can also write us a message in the online chat. Please also note our Privacy policy.
(3) The offer is aimed exclusively at consumers. Consumers are persons within the meaning of Section 13 of the German Civil Code (BGB), i.e. natural persons who conclude the respective legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity. All products are only sold in household quantities. This restriction applies both to the number of products ordered as part of an order and to the total number of products ordered when placing multiple orders for the same product. If you are not purchasing as a private individual, please note the General delivery conditions for business customers.
(4) Deviating conditions of the purchasing person will not be recognized unless the seller expressly agrees to their validity.
(5) By placing an order, the buyer accepts the following General Terms and Conditions of the Seller.
(1) The presentation of the products in the online shop does not constitute a legally binding offer, but an invitation to place an order. Descriptions of services in catalogues and on the seller's websites do not have the character of a representation or guarantee.
(2) All offers are valid "while stocks last" unless otherwise stated for the products. Otherwise, errors remain reserved.
(3) Under no circumstances does the seller guarantee the buyer a healing effect. This applies even if the external appearance or packaging suggests this.
(1) The buyer can select products from the seller's range without obligation and collect them in a so-called shopping cart using the "Add to cart", "Add to backpack" or "Start subscription" buttons. The product selection can be changed within the shopping cart, e.g. deleted. The buyer can then proceed to complete the order process within the shopping cart using the "Continue to checkout" button.
(2) By clicking on the button “order with payment” or “subscribe now with payment & permanent”, the person making the purchase submits a binding request to purchase the goods in the shopping cart. Before submitting the order, the person making the purchase can change and view the data at any time and use the browser function “back” to return to the shopping cart or cancel the order process altogether. Optional information is marked with a note “(Optional)”.
(3) The seller will then send the buyer an automatic confirmation of receipt by email, in which the buyer's order is listed again and which the buyer can print out using the "Print" function (order confirmation). In some cases, the seller will also send the buyer a short message ("SMS") to the telephone number provided. The automatic confirmation of receipt merely documents that the buyer's order has been received by the seller and does not constitute acceptance of the application. The purchase contract is only concluded when the seller has sent the ordered product to the buyer within 7 days, handed it over or confirmed the shipment to the buyer within 3 days with a second email, express order confirmation or sending of the invoice. Acceptance can also be confirmed by a payment request from the seller to the buyer and at the latest by completing the payment process. In the case of multiple acceptance processes, the earliest acceptance time is decisive. If the seller does not accept the buyer's offer within the acceptance period, no contract is concluded and the buyer is no longer bound by his or her offer.
(4) If the seller allows payment in advance, the contract is concluded when the bank details and payment request are provided. If payment is not received by the seller within 10 calendar days of the order confirmation being sent, even after a further request, despite being due, the seller will withdraw from the contract, with the result that the order is no longer valid and the seller is not obliged to deliver. The order is then completed for the buyer and the seller without any further consequences. The item is therefore reserved for a maximum of 10 calendar days when paying in advance.
(5) In the case of customers who are businesses, the aforementioned period for dispatch, delivery or order confirmation shall be seven days instead of three.
(1) All prices stated on the Seller’s website include German VAT.
(2) In addition to the prices indicated, the seller charges shipping costs for delivery. The shipping costs are indicated to the buyer on a separate information page and clearly communicated during the ordering process.
(3) Within Deutschland, shipping costs are waived for orders over 35 euros. For shipments to Belgium, Luxembourg, the Netherlands, Poland and Austria, shipping costs are waived for orders over 100 euros. For shipments to Switzerland and Liechtenstein, shipping costs are waived for orders over 150 euros.
(1) If advance payment has been agreed, delivery will take place after receipt of the full invoice amount
(2) If the delivery of the goods fails due to the buyer's fault despite three delivery attempts, the seller can withdraw from the contract. Any payments made will be refunded to the customer immediately.
(3) If the ordered product is not available because the seller is not supplied with this product by its supplier through no fault of its own, the seller can withdraw from the contract. In this case, the seller will inform the buyer immediately and, if necessary, propose the delivery of a comparable product. If no comparable product is available or the buyer does not want a comparable product to be delivered, the seller will immediately reimburse the buyer for any consideration already provided.
(4) Customers will be informed about delivery times and delivery restrictions (e.g. restriction of deliveries to certain countries) on a separate information page or within the respective product description.
(5) In the case of customers who are businesses, the risk of accidental loss and accidental deterioration of the goods shall pass to the buyer as soon as the seller has delivered the goods to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment; the delivery dates and deadlines specified are not fixed dates, unless otherwise agreed and agreed.
(6) The seller is not responsible for delays in delivery and performance due to force majeure and unforeseeable events that make delivery significantly more difficult or impossible for the seller, even if binding deadlines and dates have been agreed. In this case, the seller is entitled to postpone delivery or performance by the duration of the hindrance plus a reasonable start-up period. The right to postpone the deadline also applies to customers who are entrepreneurs in cases of unforeseeable events that affect the operations of a sub-supplier and are neither the responsibility of the customer nor the seller. During the duration of this hindrance, the customer is also released from his contractual obligations, in particular payment. If the delay is unreasonable for the customer, he can withdraw from the contract by written declaration after a reasonable deadline set by him or after mutual consultation with the seller.
(1) The purchasing person can choose from the available payment methods during and before completing the order process. Customers will be informed about the available payment methods on a separate information page informed.
(2) If payment by invoice is possible, payment must be made within 14 days of receipt of the goods and the invoice. For all other payment methods, payment must be made in advance and without deduction.
(3) If third parties are commissioned to process payments, e.g. Stripe, Klarna, PayPal, Mollie, Viva, their general terms and conditions apply.
(4) If the due date for payment is determined according to the calendar, the buyer shall be in default simply by missing the deadline. In this case, the buyer shall pay statutory default interest.
(5) The obligation of the buyer to pay interest on late payment does not exclude the seller from claiming further damages for late payment.
(6) The buyer is only entitled to a right of set-off if his counterclaims have been legally established or have been recognised by the seller. The buyer can only exercise a right of retention if the claims result from the same contractual relationship.
(1) The delivered goods remain the property of the Seller until full payment has been made.
(2) For customers who are entrepreneurs, the following additional provisions apply:
- The seller reserves ownership of the goods until all claims arising from an ongoing business relationship have been settled in full;
- The buyer is obliged to treat the purchased item with care until ownership has been transferred to him. In particular, he is obliged to insure it against theft, fire and water damage at his own expense, to the replacement value, if appropriate or customary in the industry.
- If maintenance and inspection work has to be carried out, the buyer must carry it out in a timely manner at his own expense.
- The processing or transformation of the reserved goods by the customer is always carried out for the seller.
- If the reserved goods are processed with other items not belonging to the seller, the seller acquires co-ownership of the new item in proportion to the value of the reserved goods to the other processed items at the time of processing.
- In all other respects, the same applies to the item resulting from processing as to the reserved goods.
- The customer also assigns the claim to secure the claims against him that arise against a third party through the connection of the reserved goods with real estate.
- The customer must immediately report any access by third parties to goods owned or co-owned by the seller. The customer shall bear any costs arising from such interventions for a third-party objection or costs for an out-of-court release.
- The customer is entitled to resell the reserved goods in the ordinary course of business. The customer assigns in full to the seller any claims arising from the resale or other legal grounds relating to the reserved goods (including all balance claims from current accounts) as security.
- The seller grants the customer revocable authorization to collect the claims assigned to the seller for his account and in his own name. This direct debit authorization can be revoked if the customer does not properly meet his payment obligations.
- The seller undertakes to release the securities to which the seller is entitled at the customer's request if their total sales value exceeds the sum of all outstanding claims of the seller from the business relationship by more than EUR 101,000 (or more than EUR 50,000 in the event of a risk of realisation). The selection of the securities to be released is the responsibility of the seller.
- Upon settlement of all of the seller's claims from delivery transactions, ownership of the reserved goods and the assigned claims shall pass to the buyer. The selection of the securities to be released shall be the responsibility of the seller.
(1) The warranty (liability for defects) is determined in accordance with statutory provisions, subject to the following provisions.
(2) A guarantee only exists for the goods delivered by the seller if this has been expressly given. Customers will be informed of the guarantee conditions before initiating the order process.
(3) If the purchasing person is an entrepreneur, he/she must inspect the goods without delay, without prejudice to statutory obligations to give notice of defects, and report any obvious defects to the supplier in writing without delay, at the latest within five working days of delivery, and any invisible defects without delay, at the latest within two weeks of detection. Customary, permissible or minor deviations in quality, weight, size, thickness, width, equipment, pattern and color are not defects.
(4) If the customer is an entrepreneur, the seller shall have the choice between repairing the defective goods or supplying a replacement.
(5) Without prejudice to the liability provisions of these General Terms and Conditions, material defects shall generally expire one year after the transfer of risk for customers who are entrepreneurs, unless longer periods are mandatory by law, in particular in the case of special provisions for the entrepreneur's recourse. In the case of used goods, the warranty for customers who are entrepreneurs is excluded.
(6) If the customer, who is an entrepreneur, has installed the defective item within the meaning of Section 439 Paragraph 3 of the German Civil Code (BGB) in accordance with its type and intended use in another item or attached it to another item, the seller is, subject to an express agreement and without prejudice to the other warranty obligations, not obliged to reimburse the customer for the necessary expenses for removing the defective item and installing or attaching the repaired or delivered defect-free item as part of the subsequent performance. Accordingly, the seller is also not obliged to reimburse expenses for removing the defective item and installing or attaching the repaired or delivered defect-free item as part of a recourse by the customer within the supply chain (i.e. between the customer and its customers).
(1) The following exclusions and limitations of liability shall apply to the Seller’s liability for damages, without prejudice to any other statutory requirements for claims.
(2) The Seller shall be liable without limitation if the cause of the damage is based on intent or gross negligence.
(3) Furthermore, the seller is liable for the slightly negligent breach of essential obligations, the breach of which endangers the achievement of the purpose of the contract, or for the breach of obligations, the fulfilment of which makes the proper execution of the contract possible in the first place and on whose compliance the customer regularly relies. In this case, however, the seller is only liable for foreseeable, contract-typical damage. The seller is not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
(4) The above limitations of liability do not apply in the event of injury to life, body or health, for a defect after a guarantee has been given for the quality of the product and in the event of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
(5) To the extent that the Seller’s liability is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.
(6) If the goods ordered do not meet the legal requirements of the destination country, the customer is solely liable for the import and the resulting consequences. The buyer will support the customer as best as possible within the scope of his possibilities to help the customer clarify the situation. Legal advice is excluded. The customer is solely liable for any legal violations.
(1) Customers generally have a right of withdrawal.
(2) Further information on the right of withdrawal can be found in the Right of withdrawal of the seller.
(3) The seller's product range includes items that are specially made for the buyer. These products are marked accordingly on the product detail page. The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for whose production an individual selection or determination by the buyer is decisive or which are clearly tailored to the personal needs of the buyer.
(1) Coupons are promotional vouchers that cannot be purchased, but are issued by the seller as part of various advertising campaigns. These vouchers reduce the shopping cart value by a percentage (e.g. 10%) or absolute value (e.g. €10) or add one or more free items to the shopping cart of the person making the purchase. The respective conditions for redeeming coupons often vary and are explained by the seller directly in connection with the coupon. Coupons issued by the seller can only be redeemed in the online shop at www.the-weezel.com.
(2) In some cases, the Seller sets a minimum order value for which the coupon can be redeemed. If this is the case, the Seller will communicate this together with the coupon.
(3) Voucher coupons issued by the seller are earmarked for a specific purpose unless otherwise stated. The coupons are therefore often only applicable to certain product groups. For example, if the seller sends you a discount coupon for fabric masks, it will not work if you only put T-shirts in your shopping cart. Also note that some coupons are not applicable to reduced items.
(4) Voucher coupons issued by the seller can generally only be redeemed once. Exceptions, for example for vouchers for a certain euro amount, are specified by the seller directly in connection with the voucher.
(5) Multiple coupons can be redeemed per order, which means you can generally combine multiple codes. However, some coupons cannot be combined with other coupons and promotions. The seller will inform you of this when issuing the coupon.
(6) Coupons cannot be redeemed for cash.
(7) The resale of coupons is not permitted.
(8) If the customer returns goods, the purchase price reduced by a coupon will be refunded. In general, there is no entitlement to a refund or replacement of the coupon from the promotion. If the value of the goods exceeds the coupon value and the customer has already paid this difference, the customer will receive this difference refunded by the seller.
(9) Coupons are only valid for a limited time and expire on the date stated on the coupon. An extension is not possible.
(10) The subsequent redemption of coupons for orders already placed or in progress is excluded.
(11) After completing the purchase process, you will find the "Redeem voucher code" section at the end of your shopping cart. Here you can enter the code in the empty field. When you click on "Redeem", the voucher or discount amount will be automatically deducted from your order value.
(1) The content of this website, including texts, graphics, photos, illustrations, images, moving images, sounds and software is protected by copyright. Downloading or use is only permitted for private use. Further publication, transmission, reproduction or other use of the images is prohibited. All WEEZEL and TWISTERS trademarks used on the website are – unless otherwise stated – our trademarks. These may not be used without our prior written permission.
(1) If there are links to websites of other providers, we have no influence on their content. Therefore, no guarantee or liability can be assumed for this content. The respective provider or operator of the pages is always responsible for the content of these pages.
(2) The linked pages were checked for possible legal violations and identifiable violations of law at the time of linking. Illegal content was not identifiable at the time of linking. However, permanent monitoring of the content of the linked pages is not reasonable without concrete evidence of a violation of law.
(3) If we become aware of any legal violations, we will remove such links immediately.
(1) The issuer of the WEEZEL gift card and the WEEZEL Print@Home gift card (hereinafter jointly referred to as the gift card) is Fabian Koßmehl THE WEEZEL SALES, Amthausstraße 1, DE-35428 Langgöns. By purchasing a gift card you acquire a claim against Fabian Koßmehl THE WEEZEL SALES in the same amount as the gift card. No interest is charged on the claim. The gift card balance can only be redeemed in the WEEZEL online shop.
(2) You can get the WEEZEL gift card in the Weezel webshop at www.the-weezel.com/onlineshop. The customer's order represents a binding offer to conclude a purchase contract. This offer is accepted when the gift card is sent by the seller. The gift card can only be sent by post to Deutschland.
(3) Payment with the gift card can only be made in the WEEZEL online shop. To activate the gift card, the printed or scratched-off voucher code must be entered in the corresponding field in the web shop. A field for entering this is available both in the shopping cart and during the order process. The gift card can only be used to purchase certain goods. The amount will be debited from your gift card balance. Any remaining balance will remain on your gift card. If the balance on your gift card is not sufficient to pay for your purchase in full, the difference can be paid with another payment method or another gift card. The balance on this card cannot be exchanged for cash. Any remaining balance will not be refunded in cash.
(4) In the event of returns of goods purchased in the online shop, the seller will refund the return value when the goods are returned, depending on the payment method used. If the customer has paid for goods with a gift card and these goods are returned, the customer will receive the amount to be refunded as a Print@Home gift card by email. The seller will send the Print@Home gift card as soon as possible, but no later than 7 working days after receipt of the return, to the email address that the customer specified in the order. If the customer has chosen to pay on account in addition to the gift card when making the purchase, the refund will be made primarily by deducting the invoice. If the customer has chosen to pay by credit card, advance payment or instant bank transfer in addition to the gift card when making the purchase, the customer will receive the refund primarily in the form of a Print@Home gift card.
(5) The customer can check the current balance of a gift card by entering the code at the checkout or in the shopping cart. If the code is protected by a scratch-off field, our support team can also provide the current balance.
(6) The physical gift card will only be printed when the order is received. This process can take up to 7 working days.
(7) When ordering in the online shop, the seller delivers the physical gift card by post to any address in Deutschland after production. The delivery time is normally around 10-14 working days after receipt of the order. The Print@Home gift card is sent to the customer by email within a few minutes.
(8) The gift card is valid for three years from the end of the year in which the customer purchased the gift card. The gift card is impersonal and transferable. Treat your gift card like cash. In the event of loss, theft or damage, the customer bears this risk. The seller is entitled to make a payment to the respective holder of the gift card in discharge of debt.
(9) If a gift card delivered by the WEEZEL online shop has defects, the statutory warranty claims can be asserted. To exchange the gift card, please contact our customer service.
(1) The buyer can print out the contract text before submitting the order to the seller by using the print function of his browser in the last step of the order.
(2) The seller will also send the buyer an order confirmation with all order details to the email address provided. With the order confirmation, but no later than upon delivery of the goods, the buyer will also receive a copy of the General Terms and Conditions together with the cancellation policy and information on shipping costs as well as delivery and payment conditions.
(3) If the person making the purchase has registered in our online shop, they can view orders placed via their personal profile area. We also save the contract text, but do not make it available on the Internet.
(4) Customers who are entrepreneurs can receive the contract documents by email, in writing or by reference to an online source.
(1) All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws governing the international sale of movable goods.
(2) In the case of consumers, this choice of law shall apply only to the extent that the protection afforded is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
(1) The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr.
(2) This platform serves as a contact point for the out-of-court settlement of disputes arising from online sales or service contracts involving a consumer.
(3) We are not willing and not obliged to participate in a dispute settlement procedure before a consumer arbitration board.
(1) If the buyer is an entrepreneur, the place of performance is the seller's registered office, subject to other agreements or mandatory legal provisions, while the place of jurisdiction is the seller's registered office if the customer is a merchant, a legal entity under public law or a special fund under public law or if the buyer has no general place of jurisdiction in the seller's country of residence. The seller reserves the right to choose another permissible place of jurisdiction. The following also apply: General Terms and Conditions for Business Customers.
(2) In the case of entrepreneurs, the law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods, unless this conflicts with mandatory statutory provisions.
(3) The contract language is German.