Terms of service

Note: This is an informal translation for informational purposes only. The German version of these Terms and Conditions is legally binding in all cases.

General Terms and Conditions and Customer Information (Consumers)

I. General Terms and Conditions

§ 1 Basic Provisions

1.1. The following terms and conditions apply to contracts concluded with us as provider (Wellcosan GmbH) via the website reboots.com. Unless otherwise agreed, the inclusion of your own terms and conditions is hereby objected to.

1.2. A consumer within the meaning of these regulations is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.

§ 2 Formation of Contract

2.1. The subject of the contract is the sale of goods.

2.2. By placing the respective product on our website, we make you a binding offer to conclude a contract via the online shopping cart system under the conditions stated in the product description.

2.3. The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". You can access the "shopping cart" via the corresponding button in the navigation bar and make changes at any time.
After accessing the "checkout" page and entering your personal data and payment and shipping conditions, the order data will be displayed as an order summary.

If you use an instant payment system as a payment method (e.g. PayPal / PayPal Express, Amazon Payments, Sofortüberweisung), you will either be directed to the order summary page in our online shop or redirected to the website of the instant payment provider.
If you are redirected to the respective instant payment system, make the appropriate selection or enter your data there. Finally, on the website of the instant payment provider or after being redirected back to our online shop, the order data will be displayed as an order summary.

Before submitting the order, you have the opportunity to review, change (also via the "back" function of the internet browser) or cancel the information in the order summary.
By submitting the order via the corresponding button ("buy" or similar wording), you legally bindingly accept the offer, thereby concluding the contract.

2.4. Your requests for the preparation of a quote are non-binding for you. We will submit to you a binding offer in text form (e.g. by e-mail), which you can accept within 5 days (unless a different deadline is specified in the respective offer).

2.5. Processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out by e-mail, partly automated. You must therefore ensure that the e-mail address you have provided to us is correct, that receipt of e-mails is technically ensured and in particular is not prevented by SPAM filters.

§ 3 Special Agreements on Available Payment Methods

3.1. Payment via Klarna
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment is made to Klarna in each case:

• Invoice: The payment period is 14 days from dispatch of the goods/ticket/or, in the case of other services, provision of the service. The complete invoice conditions for the countries in which this payment method is available can be found here: Germany, Austria.
• Instalment purchase: With Klarna's financing service, you can pay for your purchase in fixed or flexible monthly instalments under the conditions stated at checkout. The instalment payment is due at the end of the month after Klarna sends a monthly invoice. Further information on instalment purchase including the general terms and conditions and the European standard information for consumer credits for the countries in which this payment method is available can be found here (only available in the stated countries): Germany, Austria.
• Direct bank transfer: Available in Germany and Austria. Your account will be charged immediately after the order is placed.
• Direct debit: The debit will take place after the goods have been dispatched. You will be notified of the date by e-mail.

The use of the payment methods invoice and/or instalment purchase and/or direct debit requires a positive credit check. We therefore forward your data to Klarna for the purpose of address and credit checks as part of the purchase initiation and processing of the purchase contract. Please understand that we can only offer you those 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 is available here. Your personal data will be processed by Klarna in accordance with applicable data protection regulations and in accordance with the information in Klarna's privacy policy.

Further information about Klarna can be found here. The Klarna app can be found here.

§ 4 Right of Retention, Retention of Title

4.1. You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.

4.2. The goods remain our property until full payment of the purchase price.

4.3. If you are an entrepreneur, the following additionally applies:

a) We reserve ownership of the goods until full settlement of all claims arising from the current business relationship. Before transfer of ownership of the reserved goods, pledging or transfer by way of security is not permitted.

b) You may resell the goods in the ordinary course of business. For this purpose, you hereby assign all claims amounting to the invoice value arising from the resale to us; we accept the assignment. You are further authorised to collect the claim. However, insofar as you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.

c) If the reserved goods are combined or mixed, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing.

d) We undertake, at your request, to release the securities to which we are entitled insofar as the realisable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is at our discretion.

§ 5 Warranty

5.1. Statutory warranty rights apply.

5.2. As a consumer, you are requested to check the goods on delivery for completeness, obvious defects and transport damage, and to notify us and the carrier of any complaints as quickly as possible. Failure to do so has no effect on your statutory warranty rights.

5.3. Insofar as a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed agreed if you were informed of it by us prior to submitting your contractual declaration and the deviation was expressly and separately agreed between the contracting parties.

5.4. Insofar as you are an entrepreneur, the following applies by way of derogation from the above warranty provisions:

a) Only our own specifications and the manufacturer's product description are deemed agreed as the condition of the goods, not any other advertising, public promotions or statements by the manufacturer.

b) In the event of defects, we shall provide warranty at our discretion by rectification or replacement delivery. If the rectification of the defect fails, you may at your discretion request a reduction in price or withdraw from the contract. The rectification of defects shall be deemed to have failed after the second unsuccessful attempt, unless the nature of the goods or the defect or other circumstances indicate otherwise. In the case of subsequent improvement, we are not obliged to bear the increased costs arising from the delivery of the goods to a place other than the place of performance, provided that the delivery does not correspond to the intended use of the goods.

c) The warranty period is two years from delivery of the goods. The period reduction does not apply:

• for damage attributable to us caused by culpable breach of duty resulting in injury to life, body or health, and for other damage caused intentionally or by gross negligence;
• insofar as we have fraudulently concealed the defect or have given a guarantee for the condition of the item;
• for items which, in accordance with their customary use, have been used for a building and have caused its defectiveness;
• for statutory rights of recourse that you have against us in connection with defect claims.

5.5. Customers from Andorra, Iceland or the Canary Islands bear the costs for the return of complaints or repairs.

5.6. Shipping, repair and spare parts for the United Kingdom (UK):
Currently neither the shipping of products nor the carrying out of repairs or the shipping of spare parts between our company and the United Kingdom (UK) is possible.

§ 6 Choice of Law, Place of Performance, Place of Jurisdiction

6.1. German law applies. For consumers, this choice of law applies only insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not thereby withdrawn (principle of favourability).

6.2. The place of performance for all services arising from the business relationships existing with us and the place of jurisdiction is our registered office, insofar as you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU, or if your domicile or habitual residence is not known at the time the action is filed. The right to also apply to the court at another statutory place of jurisdiction remains unaffected.

6.3. The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) expressly do not apply.

§ 7 Rental Model with Ownership Option and Automatic Transfer

7.1. Selected products are available for rent. The initial minimum rental period is three (3) months and must be paid in advance. Upon conclusion of the rental agreement, a rental subscription is established.

7.2. After the minimum rental period expires, the rental automatically extends by one (1) additional month at a lower rental price than in the first three months, unless a cancellation or purchase from the rental agreement takes place. A notification is sent by e-mail for each extension. The monthly costs are displayed on the website.

7.3. A cancellation or purchase from the rental agreement is possible at any time via the customer portal. Upon cancellation, the rental agreement ends with immediate effect. The return of the rented product must take place within thirty (30) calendar days of receipt of the return label. If the return is delayed, an additional monthly rental fee becomes due. If no return takes place within sixty (60) calendar days, the outstanding balance will be invoiced.

7.4. When purchasing from the rental agreement, the remaining amount is automatically calculated in the customer portal and offered for payment. The purchase price results from the rental payments already made plus a remaining amount, which may be higher than the regular purchase price. The warranty period begins upon conclusion of the initial rental agreement.

7.5. The return shipment must be made in the original box with the return label provided. In the event of return of damaged devices or accessories, a flat-rate repair fee of 80 EUR may be charged. Proof of damage is provided by photographic documentation.

§ 8 Vouchers and Right of Withdrawal

8.1. Vouchers can only be redeemed in the Reboots online shop and are valid for three years from the date of purchase, unless otherwise stated.

8.2. The purchase of vouchers is generally excluded from return and withdrawal, as these are personalised products within the meaning of § 312g para. 2 no. 2 of the German Civil Code (BGB). This does not apply if the voucher is defective or otherwise not functional. In this case, the buyer may demand a replacement in accordance with statutory provisions.

8.3. Cash payment of the voucher value is not possible. The voucher cannot be used to purchase further vouchers.

8.4. Should the voucher value exceed the purchase value, the remaining balance remains and can be used for future purchases.

§ 9 Free Gifts

Free gifts (in competitions or other promotions) are part of the order and must also be returned in the event of withdrawal. In the event of damage to the free gifts, we reserve the right to claim compensation for value.

§ 10 Returns Conditions for Bundles

10.1. Return of individual items from a bundle
If you return individual items from a bundle, the refund will be based on the recommended retail price (RRP) of the items kept. The original bundle discount will thereby be cancelled, and the refund will be made according to the difference between the bundle price and the regular individual prices of the items kept.

10.2. Return of the entire bundle
If you wish to return the entire bundle, all products included in the set must be returned completely and in perfect condition. This also applies to free additions or products declared as "gift" within the promotion. If not all components of the bundle are returned, the RRP of the missing products will be deducted from the refund amount.

10.3. Return of digital products
Digital content (e.g. e-books, training plans, digital instructions or exclusive online access) is excluded from return as soon as it has been made accessible to you. By making the purchase, you expressly agree that the right of withdrawal expires when the digital usability begins.

§ 11 Discounts and Discount Codes

11.1. General
The provider reserves the right to offer time-limited or unlimited discount campaigns, vouchers or discount codes. These discounts may be subject to certain conditions, which will be communicated in the context of the promotion, on the voucher or in the relevant communication channel (e.g. newsletter, website, social media).

11.2. Non-combinability of discounts
Multiple discounts, vouchers, discount codes or other price reductions are not combinable with each other, unless expressly stated otherwise.
In particular, a discount code cannot be applied additionally to already reduced items, special offers, set prices or other promotional discounts.

11.3. Validity and redemption conditions

• Discount codes are, unless otherwise stated, redeemable only once per customer and order.
• Retrospective crediting of a discount code to already completed orders is excluded.
• Discount codes are non-transferable, cannot be paid out in cash and cannot be used for the purchase of gift vouchers.
• Discount codes may be tied to a minimum order value or certain product categories.
• After the stated period has expired, the discount code automatically loses its validity.

11.4. Returns and refunds
If a right of return is exercised and the return results in the original conditions for the discount no longer being met (e.g. falling below the minimum order value), the provider reserves the right to retroactively offset the corresponding discount amount or to deduct it from the refund.

11.5. Misuse and revocation
The provider reserves the right to block discount codes in the event of misuse, manipulation or technical errors, or to end the promotion prematurely. There is no legal right to participate in discount promotions.

§ 12 Returns of Goods and Liability for Transport Damage

12.1. For a safe return, we recommend using the original packaging. It offers optimal protection during transport. Should the goods be damaged during the return shipment due to inadequate packaging and this is attributable to improper packaging by the customer, we reserve the right to invoice the resulting damage.

12.2. All products must be returned in a clean and proper condition. An inspection of the goods, as would be possible in a retail shop, does not constitute use. However, if the goods are dirty or used beyond this extent, we may invoice the necessary cleaning or restoration costs.

12.3. The return label (provided by us or retrieved from the returns portal) may only be used for the registered withdrawal. Unregistered or unauthorised shipments cannot be processed for logistical reasons and will be returned to the sender. A handling fee of up to 49.90 € may be charged for the resulting effort.

 

II. Customer Information

1. Identity of the Seller

Wellcosan GmbH
c/o Caya Postbox 794627
Am Börstig 5
96052 Bamberg
Germany
Phone: 06661 7489106
E-Mail: service@reboots.com

2. Information on the Formation of the Contract

The technical steps leading to the conclusion of the contract, the conclusion of the contract itself and the correction options are governed by the provisions "Formation of Contract" in our General Terms and Conditions (Part I.).

3. Contract Language, Storage of Contract Text

3.1. The contract language is German.

3.2. The complete contract text is not stored by us. Before submitting the order via the online shopping cart system, the contract data can be printed out or electronically saved using the browser's print function. After receipt of the order by us, the order data, the legally required information for distance contracts and the General Terms and Conditions will be sent to you again by e-mail.

3.3. For quote requests outside the online shopping cart system, all contract data will be sent to you as part of a binding offer in text form, e.g. by e-mail, which you can print out or save electronically.

4. Essential Characteristics of the Goods or Service

The essential characteristics of the goods and/or service can be found in the respective offer.

5. Prices and Payment Terms

5.1. The prices stated in the respective offers as well as the shipping costs are total prices. They include all price components including all applicable taxes.

5.2. The applicable shipping costs are not included in the purchase price. They can be accessed via the correspondingly designated button on our website or in the respective offer, are shown separately during the ordering process and are to be borne by you in addition, unless free delivery has been agreed.

5.3. If delivery is made to countries outside the European Union, additional costs may arise that are beyond our control, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of the credit institutions), which are to be borne by you.

5.4. Money transfer costs (transfer or exchange rate fees of the credit institutions) are to be borne by you in cases where delivery is made to an EU member state but payment is initiated outside the European Union.

5.5. The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.

5.6. Unless otherwise stated for the individual payment methods, payment claims arising from the concluded contract are immediately due for payment.

6. Delivery Conditions

6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.

6.2. Insofar as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment passes to you only upon handover of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently engaged a transport company not designated by the entrepreneur or another person designated to carry out the shipment.

If you are an entrepreneur, delivery and shipment are at your risk.

7. Statutory Right to Claim for Defects

Liability for defects is governed by the provision "Warranty" in our General Terms and Conditions (Part I).

These Terms and Conditions and customer information were created by lawyers specialising in IT law at the Händlerbund and are permanently checked for legal compliance. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.

Last updated: 10.09.2024

 

General Terms and Conditions and Customer Information (Business Customers)

§ 1 Scope of Application

1.1. These General Terms and Conditions (hereinafter: "GTC") apply to all contracts (hereinafter "contracts" or "contract") concluded by Wellcosan GmbH (hereinafter: "Wellcosan") with companies within the meaning of § 14 BGB, legal entities under public law or special funds under public law (hereinafter: "customer(s)"). They apply in particular to contracts for the sale of moveable goods and the delivery of goods to be manufactured (hereinafter collectively: "products").

1.2. These GTC apply exclusively. Deviating, conflicting or supplementary general terms and conditions of the customer shall only become part of the contract if and insofar as Wellcosan has expressly agreed to their validity. This requirement of consent also applies if the customer refers to their GTC in the context of the order and Wellcosan does not expressly object.

1.3. These GTC shall also apply as a framework agreement to future offers and contracts between Wellcosan and the same customer, without Wellcosan having to refer to them again in each individual case.

§ 2 Offers, Conclusion of Contract, Reservation of Changes

2.1. Offers by Wellcosan are non-binding and without obligation, unless they are expressly designated as binding or contain a specific acceptance deadline. Orders or commissions can be accepted by Wellcosan within 14 calendar days of receipt.

2.2. The written contract including these GTC is authoritative for the legal relationship between Wellcosan and the customer. It fully reflects all agreements between the contracting parties. Oral commitments prior to conclusion of the contract are legally non-binding.

2.3. Individual, including oral, contractual agreements take precedence over these GTC. However, a written contract or written confirmation by Wellcosan is authoritative for proving their content.

2.4. Acceptance takes place by written order confirmation. Legally significant declarations by the customer after conclusion of the contract (e.g. deadlines, notices of defects, reminders) require written form. To maintain written form, transmission is sufficient

i) by signed fax or

ii) by e-mail with the attachment of a scanned, signed document.

2.5. Wellcosan reserves the right to make minor changes to the products, provided that

i) the contractual use is not impaired,

ii) the change is based on technical development and

iii) it is reasonable for the customer.

§ 3 Prices, Payment Terms and Default of Payment

3.1. The current prices of Wellcosan "ex works" (EXW INCOTERMS 2020) plus statutory VAT and other taxes, customs duties, charges and levies apply at the time of conclusion of the contract, unless otherwise agreed.

3.2. Invoices are due for payment within 14 calendar days of delivery or receipt of the notification of readiness for collection and receipt of the invoice. Payment is made by bank transfer, unless otherwise agreed.

3.3. The customer automatically falls into arrears upon expiry of the payment period, provided they are responsible for the non-payment. The purchase price is to bear interest during the delay at the statutory default interest rate. In addition, the statutory flat-rate default charge pursuant to § 288 para. 5 BGB applies. Further default damages and statutory maturity interest pursuant to §§ 352, 353 HGB remain reserved.

3.4. Set-off or retention is only permissible if the counterclaims have been legally established or are undisputed.

3.5. If a significant deterioration in the customer's financial circumstances occurs after conclusion of the contract or is only subsequently discovered, Wellcosan is entitled to refuse its own performance until fulfilment of the counter-performance or provision of security. If this is not provided within a reasonable period, Wellcosan is entitled to withdraw or terminate.

§ 4 Delivery Dates and Delivery Periods

4.1. Delivery dates and performance periods are non-binding, unless a fixed date or a fixed period has been expressly agreed in writing.

4.2. Delivery periods are extended appropriately if the customer does not fulfil their cooperation obligations in time.

4.3. Wellcosan is not liable for delivery delays or impossibility of performance due to force majeure or other unforeseeable, non-culpable events, in particular operational disruptions, material or energy shortages, transport delays, strikes, governmental measures, pandemics or outstanding deliveries from upstream suppliers despite congruent hedging transactions.

4.4. In the event of permanent obstacles to performance, Wellcosan is entitled to withdraw. In the event of temporary obstacles, delivery periods are extended accordingly.

§ 5 Delivery and Transfer of Risk

5.1. Delivery is made ex works (EXW INCOTERMS 2020). The place of performance is Wellcosan's plant, unless otherwise agreed.

5.2. Partial deliveries are permissible, provided that

i) they are usable for the customer,

ii) the remaining delivery is assured and

iii) no significant additional effort arises or Wellcosan bears this.

5.3. In the case of agreed dispatch, this takes place at the customer's expense. The risk passes to the customer at the latest upon handover to the transport service provider. At the customer's request and at their expense, transport insurance is taken out.

5.4. In the event of default of acceptance or breach of cooperation obligations, the risk of accidental loss or deterioration passes to the customer.

§ 6 Retention of Title

6.1. Wellcosan retains ownership of the delivered products until full payment of all claims arising from the business relationship.

6.2. The customer is entitled to resell the reserved goods in the ordinary course of business. Pledging or transfer by way of security is not permitted.

6.3. The claims from the resale are assigned to Wellcosan in the amount of the outstanding claim. The customer remains revocably authorised to collect, as long as there is no default of payment.

6.4. If the reserved goods are used outside Germany, the customer must fulfil all legal requirements for the retention of title at their own expense or support Wellcosan in doing so.

§ 7 Material Defects

7.1. The customer must inspect the products immediately and notify any apparent defects in writing within five working days at the latest. Hidden defects must be notified within three working days of discovery at the latest.

7.2. The basis for liability for defects is the agreed condition. If no agreement exists, the statutory provisions pursuant to § 434 BGB apply.

7.3. Wellcosan is entitled to provide subsequent performance within a reasonable period and to choose the type of subsequent performance.

7.4. Claims for defects do not exist in the case of improper use, storage, transport or product-typical wear.

§ 8 Legal Defects

8.1. If a third party asserts rights, the customer must inform Wellcosan immediately and provide all necessary cooperation.

8.2. Wellcosan will, at its own discretion, eliminate the rights, procure rights of use or replace the products, provided that contractual compliance is maintained.

8.3. Withdrawal or reduction is only permissible in the event of significant impairment. Damages are governed by § 10.

§ 9 Limitation of Claims for Defects

Claims for material and legal defects are time-barred within 12 months of delivery or acceptance. Exceptions are cases pursuant to §§ 438 para. 1 no. 1 and 2 BGB and claims for recourse pursuant to §§ 445a, 445b, 478 BGB.

§ 10 Liability

10.1. Wellcosan is liable in accordance with statutory provisions, insofar as nothing else is regulated in these GTC.

10.2. Unlimited liability exists in cases of intent or gross negligence and for damage arising from injury to life, body or health.

10.3. In the case of slight negligence, Wellcosan is only liable for breach of material contractual obligations and limited to the foreseeable, contract-typical damage.

10.4. Mandatory statutory liability, in particular under the Product Liability Act, remains unaffected.

§ 11 Choice of Law and Place of Jurisdiction

11.1. The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

11.2. The exclusive place of jurisdiction is Wellcosan's registered office. Wellcosan is entitled to sue the customer also at their general place of jurisdiction.

§ 12 Miscellaneous Provisions

12.1. Amendments and supplements to these GTC require written form. This also applies to the amendment of this written form clause.

12.2. Should a provision be invalid or unenforceable, the validity of the remaining provisions remains unaffected. In its place, a provision that comes closest to the economic purpose shall apply.

12.3. The transfer of rights and obligations by the customer requires prior written consent from Wellcosan.

12.4. The place of performance is Wellcosan's registered office, unless otherwise agreed.

12.5. In the event of contradictions between these GTC and individual contractual agreements, the latter take precedence.