Terms and Conditions
Scope
The following terms and conditions apply to all orders through our online shop, made by consumers and entrepreneurs.
A consumer is any natural person who enters into a legal transaction for purposes that cannot be primarily attributed to their commercial or self-employed professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity that acts in the course of their commercial or self-employed professional activity when concluding a legal transaction.
These terms and conditions also apply to future business relationships with entrepreneurs, without the need for us to expressly refer to them. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby objected to and will only become part of the contract if we have expressly agreed to them.
Contracting Parties, Conclusion of Contract
The purchase contract is concluded with Wefoodia. You can find further information about us in the Imprint.
By placing the products in the online shop, we make a binding offer to conclude a contract for these items. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided for this purpose in the order process. The contract is concluded when you accept the offer for the goods in the shopping cart by clicking on the order button, and you receive a confirmation email immediately after submitting the order. With this email confirmation, the purchase contract is concluded.
We reserve the right to contest closed contracts in cases where deliverability is excluded due to errors in the inventory management system.
Contract Language, Storage of Contract Text
The language available for concluding the contract is German.
We save the contract text and send you the order data and our terms and conditions by email. For security reasons, the contract text is no longer accessible via the Internet.
Delivery Conditions
In addition to the specified product prices, shipping costs are added. You can find out more about the amount of shipping costs in the offers.
We only deliver by mail. Self-pickup of the goods is unfortunately not possible.
Prices and Payment
All price information, including these terms and conditions, is understood as gross prices, including the applicable German VAT.
Obvious errors in the price information on our online offering entitle us to revoke the contract by means of an annulment of our declaration of intent, even if an automatic confirmation email was triggered by the system beforehand.
The following payment methods are available in our shop:
- Credit Card
By placing the order, you simultaneously provide us with your credit card information. After your identification as the legitimate cardholder, we will request your credit card company to initiate the payment transaction immediately after the order. The payment transaction is automatically carried out by the credit card company and your card is charged.
- PayPal, PayPal Express
During the ordering process, you will be redirected to the website of the online provider PayPal. To pay the invoice amount via PayPal, you must be registered there or register first, authenticate with your access data, and confirm the payment instruction to us. After placing the order in the shop, we request PayPal to initiate the payment transaction. The payment transaction is carried out by PayPal immediately afterward. Further information can be found during the ordering process.
- Giropay
After placing the order, you will be redirected to the website of the online provider Giropay. To pay the invoice amount with Giropay, you must have an online banking account that is activated for participation in Giropay, authenticate yourself accordingly, and confirm the payment instruction to us. Further information can be found during the ordering process. The payment transaction is carried out immediately afterward, and your account is debited.
- Amazon Pay
During the ordering process, you will be redirected to the website of the online provider Amazon before completing the order process in our online shop. To process the order via Amazon and pay the invoice amount, you must be registered there or register first and authenticate with your access data. There, you can choose the delivery address and payment method stored with Amazon, and confirm the use of your data by Amazon and the payment instruction to us. Afterward, you will be redirected to our online shop, where you can complete the order process. Immediately after ordering, we request Amazon to initiate the payment transaction. The payment transaction is automatically carried out by Amazon. Further information can be found during the ordering process.
- Klarna Purchase on Account / Installment Purchase / Instant Payment
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment is made to Klarna:
- Invoice: The payment period is 14 days from the date of shipment of the goods/tickets or, for other services, from the date of provision of the service.
- Installment Purchase: With Klarna's financing service, you can pay for your purchase in flexible monthly installments of at least 1/24 of the total amount (but at least €6.95) or according to the conditions specified in the checkout. The installment payment is due at the end of the month following the dispatch of a monthly invoice by Klarna. Further information on installment purchases, including the general terms and conditions and the European standard information for consumer credit, can be found here.
- Instant Payment: Your account will be charged immediately after placing the order.
The use of the payment methods invoice, installment purchase, and direct debit requires a positive credit check. Therefore, we will forward your data to Klarna as part of the order initiation and processing for the purpose of address and credit checks.
Please understand that we can only offer you the payment methods that are permissible based on the results of the credit check. Further information and Klarna's terms of use can be found here. General information about Klarna can be found here. Your personal data will be treated by Klarna in accordance with applicable data protection regulations and in accordance with Klarna's data protection regulations.
Retention of Title
For consumers:
We reserve ownership of the goods until full payment of the purchase price.
For entrepreneurs, the following also applies:
If you are an entrepreneur in the exercise of your commercial or self-employed professional activity, a legal entity under public law, or a special fund under public law, we reserve ownership of the goods until all claims arising from the business relationship with the purchaser have been settled. The corresponding security rights are transferable to third parties.
As an entrepreneur, you are only entitled to offset if your counterclaims have been legally established, are undisputed, or have been acknowledged by us. You also have a right of retention only insofar as your counterclaim is based on the same contractual relationship.
If you are in default with any payment obligations towards us, all existing claims become due immediately. If the realizable value of the existing collateral exceeds the secured claims by more than 10 percent, we are obligated to release collateral at our discretion at your request.
Transport and Transport Damage
We only deliver by mail. Self-pickup of the goods is unfortunately not possible.
Delivery to packing stations in Germany is possible.
For transport damages, the following applies:
If you are a consumer:
If goods are delivered with obvious transport damage, please report such errors to the deliverer as soon as possible and contact us immediately. The failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, especially your warranty rights. However, it helps us to assert our own claims against the carrier or transport insurance.
If you are an entrepreneur:
The risk of accidental loss and accidental deterioration passes to you as soon as we have
delivered the item to the carrier, freight forwarder, or other person or institution designated to carry out the shipment. Among merchants, the duty to examine and give notice of defects as defined in § 377 of the German Commercial Code (HGB) applies. If you fail to make the notification specified therein, the goods are deemed approved unless it is a defect that was not recognizable during the inspection. This does not apply if we have fraudulently concealed a defect.
Warranty and Guarantees
Unless expressly agreed otherwise below, the statutory provisions on warranty apply.
For delivered goods, we are liable under statutory provisions with the following restrictions. If the delivered goods are defective, we will provide warranty by either delivering replacement goods or repairing the defect, at our discretion, within a reasonable period of time. If the subsequent performance fails definitively, which is presumed after two attempts at subsequent performance, you can request a reduction of the purchase price or withdraw from the contract at your discretion. We provide update services for digital products to the extent required by law.
The statutory warranty periods apply from the date of receipt of the goods by the customer. The statutory provisions regarding the duration apply to any updates. We will make the software available on our website upon direct request from the customer.
However, for consumers purchasing used goods: if a defect occurs after one year from the delivery of the goods, claims for defects are excluded. Defects that occur within one year from delivery of the goods can be claimed within the statutory limitation period of two years from delivery of the goods.
For entrepreneurs, the limitation period for warranty claims for newly manufactured items is one year from the transfer of risk. The sale of used goods is made under exclusion of any warranty. The statutory limitation periods for the right of recourse under § 445a of the German Civil Code (BGB) remain unaffected.
Regarding entrepreneurs, only our own statements and the manufacturer's product descriptions included in the contract are considered an agreement on the condition of the goods; we assume no liability for public statements made by the manufacturer or other advertising statements.
If the delivered item is defective, we initially provide warranty to entrepreneurs at our discretion by either repairing the defect (rectification) or delivering a defect-free item (replacement delivery).
The aforementioned limitations and shortening of the statute of limitations do not apply to claims for damages caused by us, our legal representatives or agents in case of injury to life, body or health, in case of intentional or grossly negligent breach of duty, in case of guarantees, if agreed, or if the scope of the Product Liability Act is opened.
Information on any additional guarantees and their exact conditions can be found with each product and on special information pages in the online shop.
Customer Service: You can find the contact details and opening hours of the customer service on our website.
Liability
For claims due to damages caused by us, our legal representatives or agents, we are always liable without limitation for
- injury to life, body, or health,
- in case of intentional or grossly negligent breach of duty,
- in case of guarantees, if agreed, or
- if the scope of the Product Liability Act is opened.
In case of breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract and on which the contractual partner may regularly rely (cardinal obligations) by slight negligence on our part, our legal representatives, or agents, the liability shall be limited to the foreseeable damage typical for the contract upon conclusion of the contract. In all other cases, claims for damages are excluded.
Dispute Resolution
The European Commission provides a platform for online dispute resolution (OS), which you can find here: https://ec.europa.eu/consumers/odr/. This platform serves as a point of contact for the out-of-court resolution of disputes arising from online purchase or service contracts in which a consumer is involved. We are not willing and not obligated to participate in dispute resolution proceedings before a consumer arbitration board.
To settle disputes arising from a contractual relationship with a consumer or whether such a contractual relationship exists at all, there are consumer arbitration boards. We are obligated to participate in a dispute resolution procedure before this body.
Final Provisions
If you are an entrepreneur, German law applies, excluding the UN Sales Convention.
If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our registered office.
Should individual provisions of the contract, including these regulations, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions or parts of such provisions. In place of the invalid or missing provisions, the respective statutory provisions apply.
Wefoodia, September 1, 2023
The following terms and conditions apply to all orders through our online shop, made by consumers and entrepreneurs.
A consumer is any natural person who enters into a legal transaction for purposes that cannot be primarily attributed to their commercial or self-employed professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity that acts in the course of their commercial or self-employed professional activity when concluding a legal transaction.
These terms and conditions also apply to future business relationships with entrepreneurs, without the need for us to expressly refer to them. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby objected to and will only become part of the contract if we have expressly agreed to them.
Contracting Parties, Conclusion of Contract
The purchase contract is concluded with Wefoodia. You can find further information about us in the Imprint.
By placing the products in the online shop, we make a binding offer to conclude a contract for these items. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided for this purpose in the order process. The contract is concluded when you accept the offer for the goods in the shopping cart by clicking on the order button, and you receive a confirmation email immediately after submitting the order. With this email confirmation, the purchase contract is concluded.
We reserve the right to contest closed contracts in cases where deliverability is excluded due to errors in the inventory management system.
Contract Language, Storage of Contract Text
The language available for concluding the contract is German.
We save the contract text and send you the order data and our terms and conditions by email. For security reasons, the contract text is no longer accessible via the Internet.
Delivery Conditions
In addition to the specified product prices, shipping costs are added. You can find out more about the amount of shipping costs in the offers.
We only deliver by mail. Self-pickup of the goods is unfortunately not possible.
Prices and Payment
All price information, including these terms and conditions, is understood as gross prices, including the applicable German VAT.
Obvious errors in the price information on our online offering entitle us to revoke the contract by means of an annulment of our declaration of intent, even if an automatic confirmation email was triggered by the system beforehand.
The following payment methods are available in our shop:
- Credit Card
By placing the order, you simultaneously provide us with your credit card information. After your identification as the legitimate cardholder, we will request your credit card company to initiate the payment transaction immediately after the order. The payment transaction is automatically carried out by the credit card company and your card is charged.
- PayPal, PayPal Express
During the ordering process, you will be redirected to the website of the online provider PayPal. To pay the invoice amount via PayPal, you must be registered there or register first, authenticate with your access data, and confirm the payment instruction to us. After placing the order in the shop, we request PayPal to initiate the payment transaction. The payment transaction is carried out by PayPal immediately afterward. Further information can be found during the ordering process.
- Giropay
After placing the order, you will be redirected to the website of the online provider Giropay. To pay the invoice amount with Giropay, you must have an online banking account that is activated for participation in Giropay, authenticate yourself accordingly, and confirm the payment instruction to us. Further information can be found during the ordering process. The payment transaction is carried out immediately afterward, and your account is debited.
- Amazon Pay
During the ordering process, you will be redirected to the website of the online provider Amazon before completing the order process in our online shop. To process the order via Amazon and pay the invoice amount, you must be registered there or register first and authenticate with your access data. There, you can choose the delivery address and payment method stored with Amazon, and confirm the use of your data by Amazon and the payment instruction to us. Afterward, you will be redirected to our online shop, where you can complete the order process. Immediately after ordering, we request Amazon to initiate the payment transaction. The payment transaction is automatically carried out by Amazon. Further information can be found during the ordering process.
- Klarna Purchase on Account / Installment Purchase / Instant Payment
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment is made to Klarna:
- Invoice: The payment period is 14 days from the date of shipment of the goods/tickets or, for other services, from the date of provision of the service.
- Installment Purchase: With Klarna's financing service, you can pay for your purchase in flexible monthly installments of at least 1/24 of the total amount (but at least €6.95) or according to the conditions specified in the checkout. The installment payment is due at the end of the month following the dispatch of a monthly invoice by Klarna. Further information on installment purchases, including the general terms and conditions and the European standard information for consumer credit, can be found here.
- Instant Payment: Your account will be charged immediately after placing the order.
The use of the payment methods invoice, installment purchase, and direct debit requires a positive credit check. Therefore, we will forward your data to Klarna as part of the order initiation and processing for the purpose of address and credit checks.
Please understand that we can only offer you the payment methods that are permissible based on the results of the credit check. Further information and Klarna's terms of use can be found here. General information about Klarna can be found here. Your personal data will be treated by Klarna in accordance with applicable data protection regulations and in accordance with Klarna's data protection regulations.
Retention of Title
For consumers:
We reserve ownership of the goods until full payment of the purchase price.
For entrepreneurs, the following also applies:
If you are an entrepreneur in the exercise of your commercial or self-employed professional activity, a legal entity under public law, or a special fund under public law, we reserve ownership of the goods until all claims arising from the business relationship with the purchaser have been settled. The corresponding security rights are transferable to third parties.
As an entrepreneur, you are only entitled to offset if your counterclaims have been legally established, are undisputed, or have been acknowledged by us. You also have a right of retention only insofar as your counterclaim is based on the same contractual relationship.
If you are in default with any payment obligations towards us, all existing claims become due immediately. If the realizable value of the existing collateral exceeds the secured claims by more than 10 percent, we are obligated to release collateral at our discretion at your request.
Transport and Transport Damage
We only deliver by mail. Self-pickup of the goods is unfortunately not possible.
Delivery to packing stations in Germany is possible.
For transport damages, the following applies:
If you are a consumer:
If goods are delivered with obvious transport damage, please report such errors to the deliverer as soon as possible and contact us immediately. The failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, especially your warranty rights. However, it helps us to assert our own claims against the carrier or transport insurance.
If you are an entrepreneur:
The risk of accidental loss and accidental deterioration passes to you as soon as we have
delivered the item to the carrier, freight forwarder, or other person or institution designated to carry out the shipment. Among merchants, the duty to examine and give notice of defects as defined in § 377 of the German Commercial Code (HGB) applies. If you fail to make the notification specified therein, the goods are deemed approved unless it is a defect that was not recognizable during the inspection. This does not apply if we have fraudulently concealed a defect.
Warranty and Guarantees
Unless expressly agreed otherwise below, the statutory provisions on warranty apply.
For delivered goods, we are liable under statutory provisions with the following restrictions. If the delivered goods are defective, we will provide warranty by either delivering replacement goods or repairing the defect, at our discretion, within a reasonable period of time. If the subsequent performance fails definitively, which is presumed after two attempts at subsequent performance, you can request a reduction of the purchase price or withdraw from the contract at your discretion. We provide update services for digital products to the extent required by law.
The statutory warranty periods apply from the date of receipt of the goods by the customer. The statutory provisions regarding the duration apply to any updates. We will make the software available on our website upon direct request from the customer.
However, for consumers purchasing used goods: if a defect occurs after one year from the delivery of the goods, claims for defects are excluded. Defects that occur within one year from delivery of the goods can be claimed within the statutory limitation period of two years from delivery of the goods.
For entrepreneurs, the limitation period for warranty claims for newly manufactured items is one year from the transfer of risk. The sale of used goods is made under exclusion of any warranty. The statutory limitation periods for the right of recourse under § 445a of the German Civil Code (BGB) remain unaffected.
Regarding entrepreneurs, only our own statements and the manufacturer's product descriptions included in the contract are considered an agreement on the condition of the goods; we assume no liability for public statements made by the manufacturer or other advertising statements.
If the delivered item is defective, we initially provide warranty to entrepreneurs at our discretion by either repairing the defect (rectification) or delivering a defect-free item (replacement delivery).
The aforementioned limitations and shortening of the statute of limitations do not apply to claims for damages caused by us, our legal representatives or agents in case of injury to life, body or health, in case of intentional or grossly negligent breach of duty, in case of guarantees, if agreed, or if the scope of the Product Liability Act is opened.
Information on any additional guarantees and their exact conditions can be found with each product and on special information pages in the online shop.
Customer Service: You can find the contact details and opening hours of the customer service on our website.
Liability
For claims due to damages caused by us, our legal representatives or agents, we are always liable without limitation for
- injury to life, body, or health,
- in case of intentional or grossly negligent breach of duty,
- in case of guarantees, if agreed, or
- if the scope of the Product Liability Act is opened.
In case of breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract and on which the contractual partner may regularly rely (cardinal obligations) by slight negligence on our part, our legal representatives, or agents, the liability shall be limited to the foreseeable damage typical for the contract upon conclusion of the contract. In all other cases, claims for damages are excluded.
Dispute Resolution
The European Commission provides a platform for online dispute resolution (OS), which you can find here: https://ec.europa.eu/consumers/odr/. This platform serves as a point of contact for the out-of-court resolution of disputes arising from online purchase or service contracts in which a consumer is involved. We are not willing and not obligated to participate in dispute resolution proceedings before a consumer arbitration board.
To settle disputes arising from a contractual relationship with a consumer or whether such a contractual relationship exists at all, there are consumer arbitration boards. We are obligated to participate in a dispute resolution procedure before this body.
Final Provisions
If you are an entrepreneur, German law applies, excluding the UN Sales Convention.
If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our registered office.
Should individual provisions of the contract, including these regulations, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions or parts of such provisions. In place of the invalid or missing provisions, the respective statutory provisions apply.
Wefoodia, September 1, 2023