1. Scope of application and applicable law

These General Terms and Conditions (GTCs) apply to all orders placed between Wind & Vibes GmbH (hereinafter referred to as "WV") and the customer via the online store of the registered trademark Wind & Vibes (windandvibes.com).

Deviating terms and conditions shall not apply unless WV has expressly agreed to them in writing.

The law of the Federal Republic of Germany shall apply to these GTCs and any legal transactions concluded with WV. The UN Convention on Contracts for the International Sale of Goods and any other intergovernmental agreements shall not apply.

2 Conclusion of contract

The presentation of WIND & VIBES products in the online store does not constitute a legally binding offer.

Only by clicking on the "Buy now" button do you place a binding order for the goods in the shopping cart.


The order confirmation takes place immediately after sending the order by an automated e-mail, which does not constitute a legally binding confirmation of the purchase contract. It is important to enter your actual e-mail address when placing your order so that you receive the e-mail to check the items you have ordered. The purchase contract is only concluded when we expressly accept your offer or send you the ordered goods.

3. right of withdrawal and consequences

Below you will find the legally required information about your right of withdrawal and its consequences.

UPDATE for the period from 01.12.2023 to 31.12.2023: For all orders placed during this period, an extended right of withdrawal applies, which allows revocations until 31.12.2023.

Cancellation policy:
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods.

To exercise your right of withdrawal, you must contact us,

Wind & Vibes GmbH
WIND & VIBES
Delitzscher Str. 9
40789 Monheim am Rhein,
e-mail: hey@windandvibes.com,

of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You can use the attached sample withdrawal form, but this is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

IMPORTANT: Please use the following returns address for the return shipment:

Freshwind GmbH
c/o WIND & VIBES
Hans-Böckler-Str. 11
D-51503 Rösrath

Consequences of withdrawal:
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.

You shall bear the direct costs of returning the goods. Please also note that we can only accept goods that are returned to us in their original packaging (including the label).

You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.

Sample withdrawal form
(If you wish to cancel the contract, please fill out this form and send it back to us)

To Wind & Vibes GmbH, Delitzscher Str. 9, 40789 Monheim am Rhein, Germany, e-mail: hey@windandvibes.com

I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only for notification on paper)
- Date
(*) Delete as appropriate
End of the withdrawal policy

Exceptions to the right of withdrawal:

There is no right of withdrawal for purchase contracts for goods that are not prefabricated and are created individually to the customer's order and specifications.

4. Payment and invoice
Our online store offers payment options via PayPal, credit card, SOFORTÜberweisung and prepayment.

When paying by PayPal, you need to register with the online provider PayPal beforehand. With the help of your access data you legitimize yourself and can thus confirm the payment order to us. You will receive further information during the ordering process.

Payment by credit card is made upon completion of the order.

Payment by SOFORTÜberweisung is made via the secure payment portal of SOFORT GmbH, which is not accessible to merchants. Please note that with this payment method there may be a delay of 2-3 working days until we receive confirmation of the payment. If you as the buyer have an account that is activated for the PIN/TAN procedure, this payment method is generally available to you.

Payment in advance is made by bank transfer to our company bank account. The necessary information will be sent with the order confirmation. A period of 14 days is available for the bank transfer. If no payment is received within this period, the order will be canceled.

The invoice will be sent to you as an attachment to the order confirmation.

For payments on account, we expressly point out that in the event of late payment by the customer, we are entitled to forward the transaction to a debt collection service provider for the purpose of debt collection. Furthermore, in this case the customer shall also bear the additional costs associated with the delay.

5. Prices and shipping costs

The prices valid at the time of ordering apply.
All prices displayed in our online store are gross prices and include the statutory VAT and do not include shipping costs.


A list of flat-rate shipping costs can be found on the "Shipping and delivery" page in the footer of the website.
WV reserves the right to change the prices published in the online store.

6. Delivery conditions
Delivery is made from the warehouse of our logistics partner to the delivery address specified during the ordering process, unless otherwise agreed.
In principle, we expect to process incoming orders within 24 hours on working days and then ship them with DHL. In the case of promotions, the delivery time may be delayed.
The duration of our standard shipping depends on the delivery area. This information can be found on the "Shipping and delivery" page in the footer of this website.
If WV is unable to deliver the ordered goods through no fault of its own because WV's supplier fails to meet its contractual obligations, WV shall be entitled to withdraw from the contract with the customer. In this case, the customer shall be informed immediately that the ordered product is not available. The statutory claims of the customer shall remain unaffected.

7. Retention of title
The goods remain the property of Wind & Vibes GmbH until full payment has been made.

8. Warranty
Unless expressly agreed otherwise, the statutory warranty provisions shall apply.
The statutory limitation period for warranty claims shall apply from the date of purchase.

Excluded from the warranty are damages in the following cases:
Defect or damage caused by improper use or incorrect care
Defect or damage caused by fire, water or natural disasters and earthquakes
Visual changes due to natural wear and tear

9. redemption of promotional vouchers & promotions

Multiple vouchers cannot be combined for one purchase. Vouchers and discounts that are issued free of charge by WV as part of promotions with a specific validity period and that cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the seller's online store (www.windandvibes.com) and only during the specified period. Individual products may be excluded from promotional vouchers if a corresponding restriction results from the content of the promotional voucher. Reduced products and special editions are excluded from promotional vouchers, unless otherwise stated in the content of the promotional voucher. Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

In the case of absolute promotional vouchers (value in EUR), the value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller. 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 selected to settle the difference. The credit balance of a promotional voucher is neither paid out in cash nor does it bear interest. The promotional voucher will not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the scope of his statutory right of withdrawal. Promotions and discounts cannot be combined with each other.

All orders containing a reduced set (more than one item) are subject to the following conditions:

If individual items of a reduced set are returned, the set price no longer applies to them. In this case, the sum of the individual item prices of the non-returned items must be paid. The set prices are discounted prices which only apply as long as all items in the set are purchased.

10. liability for defects

Unless otherwise specified below, WV's liability for damages shall be limited to gross negligence and willful misconduct, irrespective of the type of breach of duty and including tortious acts.
In the event of a breach of material contractual obligations, we shall be liable for any negligence. However, this liability shall be limited to the amount of damage typically foreseeable for the type of order at the time the contract was concluded.
Any limitations of liability shall not apply in the event of injury to life, limb or health, in the case of warranty promises where agreed and in cases within the scope of application of the Product Liability Act.
Insofar as WV's liability is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.
Within the scope of subsequent performance, WV shall exclusively opt for replacement delivery.

11. Product descriptions

The available product photographs and information texts represent the product as accurately as possible.
WV is not liable for any errors on the site and cannot guarantee that all images accurately reflect the actual appearance of the product.
The photographs may vary depending on the (color) settings of your computer. All images are to be regarded as non-binding illustrations and therefore do not guarantee a correct representation of the properties. Please refer to the written description.

12. competition conditions of participation

Competitions are organized by Wind & Vibes GmbH, based at Delitzscher Str. 9 in 40789 Monheim, Germany, using the registered trademark "WIND & VIBES". Natural persons who have reached the age of 14 are eligible to participate. Participation in WIND & VIBES competitions is free of charge and is governed exclusively by these conditions of participation.

Users will be given the opportunity to take part in the competition online within the specified competition period. Participation Participation is only possible within the participation period. Entries received after the closing date will not be considered in the draw. Only one submitted entry per participant will be entered into the competition. It is strictly forbidden to use multiple email addresses or multiple Instagram profiles to increase the chances of winning. Eligible participants are natural persons who have reached the age of 14. Participation is not restricted to customers of the organizer and is not dependent on the purchase of goods or services. If a participant has limited legal capacity, the consent of their legal representative is required. All persons involved in the conception and implementation of the competition and employees of the operator as well as their family members are not eligible to participate in the competition. In addition, the operator reserves the right to exclude persons from participation at its own discretion if there are justified reasons, for example (a) in the event of manipulation in connection with access to or implementation of the competition, (b) in the event of violations of these conditions of participation, (c) in the event of unfair conduct or (d) in the event of false or misleading information in connection with participation in the competition.

Winning, notification and transfer of the prize

The winners will be determined after the closing date for entries as part of a random draw among all participants. If the competition is linked to a task, only those participants who have completed the task correctly will be entered into the prize draw. The winners of the prize draw will be informed of the prize promptly via a separate message (Instagram - Direct Messages, Facebook - Facebook Messenger or email). The prize will only be handed over to the winner or the legal representative of the underage winner. It is not possible to exchange, collect or pay out the prize in cash. Any costs incurred for shipping the prize will be borne by the operator. Any additional costs associated with claiming the prize shall be borne by the winner. The winner is responsible for any taxation of the prize. If the winner does not respond after two requests within a period of 3 weeks, the prize may be transferred to another participant. Termination of the competition The organizer expressly reserves the right to terminate the competition without prior notice and without giving reasons. This applies in particular to any reasons that would disrupt or prevent the competition from running as planned. Data protection Personal data must be provided in order to take part in the competition. The participant assures that the personal details provided by him/her, in particular first name, surname and e-mail address, are true and correct. The organizer points out that all personal data of the participant will neither be passed on to third parties nor made available to them for use without consent. In the event of a win, the winner agrees to the publication of his/her name and place of residence in the advertising media used by the organizer. This includes the announcement of the winner on the operator's website and its social media platforms. The participant can revoke their declared consent at any time. The revocation must be sent in writing to the contact details of the organizer given in the imprint area of the competition app. Once consent has been withdrawn, the participant's personal data that has been collected and stored will be deleted immediately.

Facebook disclaimer

This promotion is not affiliated with Facebook or Instagram and is in no way sponsored, endorsed or organized by Facebook or Instagram. Applicable law Questions or complaints in connection with the competition should be addressed to the operator. Contact details can be found in the legal notice section of the website. The operator's competition is subject exclusively to the law of the Federal Republic of Germany. Legal recourse is excluded.

Severability clause

Should any provision of these conditions of participation be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions of these conditions of participation. The invalid provision shall be replaced by a legally permissible provision that comes as close as possible to the economic meaning and purpose of the invalid provision. The same shall apply in the event of a loophole in these Conditions of Participation.

13. severability clause

Should individual provisions of the contract, including these regulations, be or become invalid in whole or in part, or should the contract contain an unforeseen loophole, the validity of the remaining provisions or parts of such provisions shall remain unaffected. The invalid or missing provisions shall be replaced by the relevant statutory provisions.

CONDITIONS OF PARTICIPATION FOR THE WIND & VIBES COMMUNITY SYSTEM

1. GENERAL INFORMATION, SCOPE OF APPLICATION
1.1 These Conditions of Participation for the Community System of WIND & VIBES ("Conditions of Participation") apply in addition to the General Terms and Conditions of Wind & Vibes GmbH ("GTC"; available at https://www.windandvibes.com/de/agb) and also govern our contractual relationship if you create a customer account with us. When you create a customer account, you also register for our Community System. Orders at WIND & VIBES can also be placed without a customer account.

1.2 These Conditions of Participation for the Community System of WIND & VIBES ("Conditions of Participation") apply in addition to the General Terms and Conditions of WIND & VIBES ("GTC"; available at https://www.windandvibes.com/de/agb) and additionally govern our contractual relationship when you create a customer account with us. When you create a customer account, you also register for our Community System. Orders at WIND & VIBES can also be placed without a customer account.

1.3 Unless otherwise stipulated in these Terms and Conditions of Participation, the provisions and definitions in the GTC shall also apply to these Terms and Conditions of Participation. Should these Terms and Conditions of Participation and the GTC contradict each other, the provisions in these Terms and Conditions of Participation shall take precedence.

1.4 The currently valid conditions of participation can be accessed at https://www.windandvibes.com/de/agb during the registration and order process and at any other time and can be saved and printed by you there. We do not save the text of the contract.

2. SUBJECT MATTER OF THE CONTRACT
2.1 The subject matter of this contract is the creation of your customer account on our website and thus the opportunity to benefit from our Community System.

2.2 The creation of your customer account and membership in our Community System are free of charge and are not linked to a purchase.

3. CONCLUSION OF CONTRACT; REGISTRATION
3.1 In order to create your customer account with WIND & VIBES, you must register. Only one customer account may be registered with us per customer. If you have already registered a customer account, you can delete it at any time before registering again by sending a message to our customer service at hey@windandvibes.com.

3.2 The provision of the registration option offered on the portal constitutes a binding offer by WIND & VIBES to create your customer account. By selecting the "register" option on the website or as part of the order process, providing all requested information, entering your e-mail address and selecting a password for your customer account ("login data"), agreeing to the GTC and these Terms and Conditions of Participation and clicking on the "Create an account" button, you accept the offer to create a customer account and to participate in our Community System ("conclusion of contract").

3.3 Until you click on the "Create an account" button, you can cancel your registration at any time or change the information provided by deleting, adding to or correcting the information provided in the various fields, or by closing your web browser or tab. After completing the registration process, you can change the information provided in your personal customer account at any time.

3.4 Immediately after conclusion of the contract, we will send you an email to the address provided during registration and confirm your successful registration ("customer account confirmation email"). This confirmation e-mail for the customer account contains an activation link with which you can activate your customer account. The activation of your customer account represents the completion of the registration process and is mandatory.

4. USE OF THE CUSTOMER ACCOUNT
4.1 You must treat the login data confidentially. You are obliged to inform us immediately if you have reason to suspect that your password has been disclosed to unauthorized third parties or that third parties have gained unauthorized knowledge of it in any other way.

4.2 You are not authorized to transfer your customer account to third parties or to make your login data available to third parties.

5. TERM OF CONTRACT; TERMINATION
5.1 This contract for the creation of the customer account runs for an indefinite period. It may be terminated by either party at any time without notice. In this case, the points from the Community System expire without replacement and you are not entitled to any compensation.

5.2 You can give notice of termination to the WIND & VIBES team by sending an e-mail to hey@windandvibes.com.

5.3 The misuse of a customer account due to a breach of the conditions set out in these GTC may lead to its blocking, deactivation, deduction of points or exclusion from the Community System.

5.4 The right to terminate for good cause remains unaffected by the provisions of this Section 5.

6. AMENDMENT OF THE CONDITIONS OF PARTICIPATION
6.1 We may amend and adapt these Terms and Conditions of Participation with effect for the future if there is a valid reason for the amendment and insofar as the amendments are reasonable, taking into account the interests of both contracting parties.

6.2 A valid reason exists in particular if the changes are necessary to a not insignificant extent due to a disturbance of the equivalence relationship of the contract that was unforeseeable for us when the contract was concluded or are necessary for the further performance of the contract due to changes in case law or legislation.

6.3 The amendment of a principal obligation is excluded.

6.4 We will send you the amended terms and conditions in text form at least four weeks before they are due to come into force and will draw your attention separately to the new provisions and the date on which they come into force. At the same time, we will grant you a reasonable period of at least two weeks to declare whether you accept the amended conditions of participation for further use of the service.

6.5 If no declaration is made by you within this period, which begins to run from receipt of the message in text form, the amended terms and conditions shall be deemed to have been agreed.

6.6 We will inform you separately of this legal consequence, i.e. the right of objection, the objection period and the significance of silence, at the beginning of the period.