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1. Scope and Applicable Law
These General Terms and Conditions (GTC) apply to all orders placed between Wind & Vibes GmbH (hereinafter “WV”) and the customer via the online shop of the registered Wind & Vibes brand (windandvibes.com).
Differing conditions do not apply unless WV has expressly agreed to them in writing.
The law of the Federal Republic of Germany applies to these General Terms and Conditions and any legal transactions concluded with WV. The UN Convention on Contracts for the International Sale of Goods and any other intergovernmental agreements are not taken into account.
2. Conclusion of contract
The presentation of WIND & VIBES products in the online shop does not constitute a legally binding offer.
Only by clicking the “Buy Now” button do you place a binding order for the goods in your shopping cart.
The order confirmation takes place immediately after sending the order by an automated email, which does not constitute a legally binding confirmation of the purchase contract. It is important to provide your actual email address when placing your order so that you receive the email 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 receive the legally required information about your right of withdrawal and its consequences.
Right of withdrawal:
You have the right to cancel this contract within fourteen days without giving any reasons. The cancellation 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.
In order to exercise your right of withdrawal, you must contact us,
Wind & Vibes GmbH
WIND & VIBES
Siegburger Str. 231
inform you of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or email). You can use the attached sample cancellation form, although this is not mandatory. In order to meet the cancellation period, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period expires.
IMPORTANT: Please use the following return address for returns:
c/o WIND & VIBES
Consequences of revocation:
If you cancel this contract, we will refund to you all payments received from you, including delivery costs (except for any additional costs arising from you choosing a method of delivery other than the cheapest standard delivery offered by us have) to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment. We may refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is the earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of your cancellation of this contract. The deadline is met if you send the goods before the fourteen day period has expired.
You will bear the direct costs of the return. Please also note that we can only accept goods that reach us in their original packaging (including the label).
You are only liable for any loss in value of the goods if this loss in value is due to the handling other than what is necessary to establish the nature, characteristics and functionality of the goods.
Sample cancellation form
(If you want to cancel the contract, please fill out this form and send it back)
To Wind & Vibes GmbH, Siegburger Str. 231, 50679 Cologne, email: email@example.com
I/we (*) hereby revoke 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 paper notification)
(*) Delete what is not applicable
End of revocation
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 shop offers payment options via PayPal, credit card, SOFORT transfer and advance payment.
If you pay via PayPal, you need to register beforehand with the online provider PayPal. You can use your access data to identify yourself and 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 SOFORT transfer is made via SOFORT GmbH’s secure payment portal, which is not accessible to retailers. Please note that with this payment method there may be a delay of 2-3 working days until we receive confirmation of payment. If you as a 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 account. The necessary information will be sent with the order confirmation. There is a period of 14 days available for the transfer. If payment is not received within this period, the order will be canceled.
The invoice will be sent to you as an attachment to the order confirmation.
When paying on account, we expressly point out that if the customer does not pay on time, we are entitled to forward the process to a debt collection service provider for the purpose of collecting the debt there. Furthermore, in this case the customer must also bear the additional costs associated with the delay.
5. Prices and shipping costs
The prices apply at the time of ordering.
All prices displayed in our online shop are gross prices and include statutory sales tax and plus applicable shipping costs.
A list of flat rate shipping costs can be found in the footer on the “ Shipping and Delivery ” page in the footer of the website.
WV reserves the right to change the prices published in the online shop.
6. Delivery conditions
Delivery takes place from our logistics partner's warehouse to the delivery address specified during the ordering process unless otherwise agreed.
We generally expect to process incoming orders within 24 hours on weekdays 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. Please find this information 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 does not fulfill its contractual obligations, WV is entitled to withdraw from the contract with the purchaser. In this case, the customer will be informed immediately that the ordered product is not available. The purchaser's legal claims remain unaffected.
7. Retention of title
The goods remain the property of Wind & Vibes GmbH until full payment has been made.
Unless expressly agreed otherwise, the statutory warranty provisions apply.
The statutory limitation period for warranty claims applies from the date of purchase.
- Damage is excluded from the warranty 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 that are due to natural wear and tear
9. Redeeming 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 period of validity and which cannot be purchased by the customer (hereinafter "promotional vouchers") can only be used in the seller's online shop (www.windandvibes.com) and can only be redeemed within 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 completing the ordering process. Subsequent billing is not possible.
For 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 balance will not be refunded by the seller. If the value of the promotional voucher is not sufficient to cover the order, you can choose one of the other payment methods offered by the seller to pay the difference. The balance of a promotional voucher will neither be paid out in cash nor interest. The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of his statutory right of withdrawal. Promotions and discounts cannot be combined with one another.
All orders containing a discounted set (more than one item) are subject to the following conditions:
If individual items from 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 is limited to grossly negligent and intentional behavior, regardless of the type of breach of duty and including tortious acts.
In the event of a breach of essential contractual obligations, we are liable for any negligence. However, this liability is limited to the amount of damage typically foreseeable at the time the contract was concluded, depending on the type of order.
Any limitations of liability do not apply in the event of injury to life, body or health, in the case of guarantee promises where agreed, or in cases within the scope of the Product Liability Act.
To the extent that WV's liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
As part of subsequent performance, WV will only choose replacement delivery.
11. Item descriptions
The available product photographs and information text 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 viewed as non-binding illustrations and therefore do not guarantee a correct representation of the properties. Please pay attention to the written description.
12. Competition conditions of participation
Competitions are carried out by Wind & VIbes GmbH, based at Siegburger Str. 231 in 50679 Cologne, 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 terms and conditions of participation.
Procedure of the competition
Within the specified competition period, users will have the opportunity to take part in the competition online. Participation Participation is only possible within the participation period. Entries received after the closing date will not be taken into account in the draw. Only one submitted registration per participant will take part in the competition. It is strictly forbidden to use multiple email addresses or multiple Instagram profiles to increase your chances of winning. Eligible participants are natural persons who have reached the age of 14. Participation is not limited to the organizer's customers and is not dependent on the purchase of goods or services. If a participant is restricted in their legal capacity, the consent of their legal representative is required. All persons and employees of the operator involved in the conception and implementation of the competition as well as their family members are not eligible to participate in the competition. In addition, the operator reserves the right to exclude people from participation at its own discretion if there are legitimate 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). unfair dealing or (d) false or misleading information in connection with participation in the competition.
Winning, notification and transmission of the win
The winners will be determined after the closing date for participation in a random raffle 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 raffle. The winners of the raffle will be informed promptly about their prize via a separate message (Instagram - Direct Messages, Facebook - Facebook Messenger or email). The prize will be handed over exclusively to the winner or to the legal representative of the minor winner. An exchange, self-collection or a cash payment of the winnings are not possible. The operator will cover any costs incurred for shipping the prizes. Any additional costs associated with claiming the prize will be borne by the winner. The winner is responsible for any taxation of the prize. If the winner does not respond after being asked twice within 3 weeks, the prize can be transferred to another participant. Termination of the competition The organizer expressly reserves the right to end 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 In order to take part in the competition, you must provide personal data. The participant assures that the personal information provided by him, in particular first name, last name and email address, is truthful and correct. The organizer points out that all of the participant's personal data will neither be passed on to third parties nor made available for their use without their consent. In the event of a win, the winner agrees to the publication of his 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 his/her declared consent at any time. The revocation must be sent in writing to the contact details of the organizer provided in the imprint section of the competition app. After consent is revoked, the participant's collected and stored personal data will be deleted immediately.
This campaign is not affiliated with Facebook or Instagram and is in no way sponsored, supported or organized by Facebook or Instagram. Applicable law Questions or complaints in connection with the competition should be directed to the operator. Contact details can be found in the imprint section of the website. The operator's competition is subject exclusively to the law of the Federal Republic of Germany. Legal recourse is excluded.
Should a provision of these terms and conditions of participation be or become wholly or partially invalid, this will not affect the validity of these terms and conditions of participation. Instead of the invalid provision, the legally permissible regulation that comes closest to the economic sense and purpose expressed in the invalid provision applies. The same applies if there is a gap in these conditions of participation.
13. Severability clause
Should individual provisions of the contract, including these regulations, be or become wholly or partially ineffective or should the contract contain an unforeseen gap, the effectiveness of the remaining provisions or parts of such provisions remains unaffected. The respective legal regulations take the place of the invalid or missing provisions.
TERMS OF PARTICIPATION FOR THE WIND & VIBES COMMUNITY SYSTEM
1. GENERAL, SCOPE
1.1 These terms and conditions of participation for the WIND & VIBES community system (“Terms and Conditions of Participation”) apply in addition to the General Terms and Conditions of Wind & Vibes GmbH (“Terms and Conditions”; available at https://www.windandvibes.com/de/agb) and regulate them Additionally, our contractual relationship if you create a customer account with us. When you create your customer account, you also register for our community system. Orders from WIND & VIBES can also be placed without a customer account.
1.2. These terms and conditions of participation for the WIND & VIBES community system (“Terms and Conditions of Participation”) apply in addition to the General Terms and Conditions of WIND & VIBES (“Terms and Conditions”; available at https://www.windandvibes.com/de/agb) and also regulate our Contractual relationship when you create a customer account with us. When you create your customer account, you also register for our community system. Orders from WIND & VIBES can also be placed without a customer account.
1.3. Unless otherwise regulated in these conditions of participation, the regulations and definitions from the general terms and conditions also apply to these conditions of participation. If these conditions of participation and the general terms and conditions contradict each other, the regulations in these conditions of participation take precedence.
1.4. The currently applicable terms and conditions of participation are available for you at https://www.windandvibes.com/de/agb during the registration and ordering process and at any other time and can be saved and printed out there. We do not save the contract text.
2. SUBJECT MATTER OF THE CONTRACT
2.1. The subject 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. Creating your customer account and becoming a member of our community system is free of charge and is not tied 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 do so at any time before registering again by sending a message to our customer service at firstname.lastname@example.org delete.
3.2 The provision of the registration option offered on the portal represents a binding offer from WIND & VIBES to create your customer account. By selecting the “register” option on the website or as part of the ordering process, providing all the requested information, your email address Provide your address and select a password for your customer account (“login data”), agree to the terms and conditions and these terms and conditions of participation and click on the “Create an account” button, you accept the offer to create a customer account and 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 or correcting the information provided in the various fields, or by using your web browser or the tab close. 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 (“confirmation email for the customer account”). This customer account confirmation email contains an activation link with which you can activate your customer account. Activating your customer account represents the completion of the registration and is mandatory for this.
4. MEMBERSHIP IN THE COMMUNITY SYSTEM
4.1 As part of our community system, you have the opportunity to receive rewards by purchasing products on our website. The amount you pay for your purchases will be converted into points, which will be credited to your customer account.
4.2 The points are calculated based on the total amount to be paid for the respective purchase. For every 1.25 euros of the total amount to be paid for the respective purchase, 1 point will be credited to your member account.
In addition, the following actions are rewarded with points:
- 10 points for registering and creating a customer account.
- 30 points as a birthday bonus. For this purpose, the date of birth must be stated in the customer account.
- 50 points for subscribing to the newsletter.
4.3 The points will be credited to the member account no later than 30 days after the respective purchase or no later than 2 days after completion of the above-mentioned promotions. If the purchase is reversed, the points you may have used for the purchase and the points credited with the respective purchase will be deducted from your points account.
4.4 Points can only be used personally and cannot be transferred to other people. Points cannot be exchanged for money.
4.5 We determine your rank based on the points credited. Achieving different ranks is associated with graduated rewards that you can purchase within the scope of the respective rank. In the community system there are three ranks (S, M, Plus), each of which is linked to a threshold of points. Depending on which rank you have already achieved, you benefit from various advantages. Further information about the different ranks, the thresholds for the points to be achieved and the associated rewards can be found at https://www.windandvibes.com/de/community-system/ .
4.6 Your points will be saved for 12 months. If you make another purchase within this period, you will secure your existing and new points for another 12 months and can continue to use the advantages of the rank. If you do not purchase again within 12 months, you will move down a rank and your points will revert to the threshold of the lower rank. You have the opportunity to move up again at any time by collecting points again and reaching the threshold for the next higher rank.
4.7 The advantages that arise from the rank in the community system are communicated via email. For bonus items that can be offered temporarily, it is possible to use the bonus points directly.
4.8 You can view information about your status within the community system (in particular your current points balance, current rank, past orders, returns made, etc.) in your customer account.
4.9 The community system may not be used commercially. Employees, board members and representatives of WIND & VIBES may redeem rewards under the community system, unless this is expressly excluded for individual promotions.
5. USE OF THE CUSTOMER ACCOUNT
5.1 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 otherwise gained unauthorized knowledge of it.
5.2 You are not entitled to transfer your customer account to third parties or to make your login data available to third parties.
6. TERM OF THE CONTRACT; TERMINATION
6.1 This contract for the creation of the customer account and membership in the community system runs for an indefinite period of time. It can 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 compensation.
6.2 You can declare the termination to the WIND & VIBES team by email to email@example.com.
6.3 Misuse of a customer account by violating the conditions stated in these Terms and Conditions can lead to its blocking, deactivation, deduction of points or exclusion from the community system.
6.4 The right to terminate for good cause remains unaffected by the provisions of this Section 6.
7. CHANGES TO THE TERMS OF PARTICIPATION
7.1 We can change and adapt these terms and conditions of participation with effect for the future if there is a valid reason for the change and to the extent that the changes are reasonable, taking into account the interests of both contracting parties.
7.2 A valid reason exists in particular if the changes are necessary to a not insignificant extent due to a disruption in the equivalence relationship of the contract that was unforeseeable to us when the contract was concluded or are necessary for the further implementation of the contract due to changes in case law or changes in the law.
7.3 Changing a main performance obligation is excluded.
7.4 We will send you the changed conditions in text form at least four weeks before the planned entry into force and separately point out the new regulations and the date of entry into force. At the same time, we will give you a reasonable period of at least two weeks to declare whether you accept the changed conditions of participation for further use of the service.
7.5 If no declaration is made by you within this period, which begins from receipt of the message in text form, the changed conditions are deemed to have been agreed.
7.6 We will inform you separately about this legal consequence, ie the right to object, the objection period and the meaning of silence, at the start of the deadline.