Terms of service
General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic provisions
(1) The following terms and conditions apply to contracts that you conclude with us as a provider (Wellcosan GmbH) via the website venenengel.de. Unless otherwise agreed, the inclusion of any terms and conditions used by you
(2) Consumer in the sense of the following provisions is any natural person who enters into a legal transaction for purposes that can be attributed predominantly neither to their commercial nor their independent professional activity. Entrepreneur is any natural or legal person or a partnership with legal capacity, which acts in the conclusion of a legal transaction in the exercise of their independent professional or commercial activity.
§ 2 Materialization of the contract
(1) The subject of the contract is the sale of goods .
(2) Already with the placement of 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 item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". Using the appropriate button in the navigation bar, you can call the "shopping cart" and make changes there at any time.
After calling the page "Checkout" and entering the personal data and the payment and shipping terms, the order data are finally displayed as an order overview.
If you choose as a payment method an instant payment system (eg.If you use as a payment method an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Sofortüberweisung), you will either be taken to the order overview page in our online store or redirected to the website of the provider of the instant payment system.
If you are redirected to the respective instant payment system, make the appropriate selection or entry of your data there. Finally, you will be displayed on the website of the provider of the instant payment system or after you have been redirected back to our online store, the order data as an order overview.
Before submitting the order, you have the option to review the information in the order overview again, change (also via the function "back" of the Internet browser) or cancel the order.
By sending the order via the corresponding button ("order subject to payment" or similar designation) you declare the legally binding acceptance of the offer, whereby the contract is concluded.
(4) The 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 automatically. You must therefore ensure that the e-mail address you have deposited with us is accurate, the receipt of e-mails is technically ensured and in particular not prevented by SPAM filters.
§ 3 Special agreements on offered payment methods
(1) Payment via Klarna
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment will be made to Klarna in each case:
Find more information about Klarna here. You can find the Klarna App here.
§ 4 Right of retention, Retention of title
(1) You can exercise a right of retention only insofar as it concerns claims from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
(3) If you are an entrepreneur, the following shall apply in addition:
a) We retain title to the goods until full settlement of all claims arising from the ongoing business relationship. Prior to the transfer of ownership of the goods subject to retention of title, pledging or assignment as security is not permitted.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount that accrue to you from the resale, and we accept the assignment. You are further authorized 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 and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
d) We undertake to release the securities to which we are entitled at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is incumbent upon us.
§ 5 Warranty
(1) The statutory rights of liability for defects exist.
(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you do not comply, this has no effect on your statutory warranty claims.
(3) As far as a feature of the goods deviates from the objective requirements, the deviation shall only be deemed agreed if you were informed by us about the same before submitting the contractual statement and the deviation was expressly and separately agreed between the contracting parties.
(4) As far as you are an entrepreneur, the following applies in deviation from the above warranty provisions:
a) Only our own specifications and the manufacturer's product description shall be deemed agreed as the quality of the goods, but not other advertising, public promotions and statements of the manufacturer.
b) In the event of defects, we shall provide warranty by rectification or subsequent delivery at our discretion. If the rectification of defects fails, you may demand a reduction in price or withdraw from the contract at your discretion. The rectification of defects shall be deemed to have failed after a second unsuccessful attempt, unless the nature of the goods or the defect or other circumstances indicate otherwise. In the case of rectification, we do not have to bear the increased costs incurred by transporting the goods to a place other than the place of performance, provided that the transport does not correspond to the intended use of the goods.
c) The warranty period is two years from delivery of the goods. The shortening of the period does not apply:
- for culpable damage attributable to us arising from injury to life, limb or health and for other damage caused intentionally or by gross negligence;
- as far as we have fraudulently concealed the defect or have assumed a guarantee for the condition of the item;
- in the case of items that have been used in accordance with their customary use for a building and have caused its defectiveness;
- in the case of statutory rights of recourse that you have against us in connection with defect rights.
§ 6 Choice of law, place of performance, place of jurisdiction
(1) German law shall apply. In the case of consumers, this choice of law shall apply only to the extent that the protection granted by mandatory provisions of the law of the country of the consumer's habitual residence is not thereby withdrawn (favorability principle).
(2) Place of performance for all services from the business relations existing with us as well as place of jurisdiction is our registered office, provided that you are not a consumer, but a merchant, a legal entity under public law or a special fund under public law.the same shall apply if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is unknown at the time the action is brought. The right to also call the court at another statutory jurisdiction remains unaffected.
(3) The provisions of the UN Sales Convention are expressly not applicable.
§7 AGBs Vein Angels - Rent instead of Buy
II. Customer Information
1. Identity of seller
Wellcosan GmbH
Hauptstraße 27
36381 Schlüchtern
Germany
Phone: 06661 7489106
Email: service@venenengel.de
Alternative Dispute Resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), accessible at https://ec.europa.eu/odr.
2. Information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the possibilities of correction are carried out in accordance with the regulations "Conclusion of the contract" of our General Terms and Conditions (Part I.).
3. Contract language, contract text storage
3.1. Contract language is German .
3.2 The complete contract text will not be stored by us. Before sending the order via the online shopping cart system the contract data can be printed or electronically saved using the print function of the browser. After receipt of the order by us, the order data, the legally required information for distance contracts and the terms and conditions will be sent to you again by e-mail.
4. Essential characteristics of the goods or services
The essential characteristics of the goods and/or services can be found in the respective offer.
5. Prices and payment terms
5.1 The prices listed in the respective offers as well as the shipping costs represent 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 called up via a correspondingly designated button on our Internet presence or in the respective offer, are shown separately in the course of the ordering process and are to be borne by you additionally, unless free shipping is promised.
5.3. If the delivery is made to countries outside the European Union, we may incur additional costs for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of credit institutions), which are to be borne by you.
5.4. Costs incurred in the transfer of funds (transfer or exchange rate fees of credit institutions) shall be borne by you in cases where the delivery is made to an EU member state but the payment was initiated outside the European Union.
5.5. The payment methods available to you are shown under a correspondingly designated button on our Internet presence or in the respective offer.
5.6. Unless otherwise specified in the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
6. Terms of delivery
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 only passes to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or any other person designated to carry out the shipment.
If you are an entrepreneur, the delivery and shipment is at your risk.
7. Legal liability for defects
The liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).
These General Terms and Conditions and customer information have been prepared by the lawyers of the Händlerbund specializing in IT law and are permanently checked for legal conformity. The Händlerbund Management AG guarantees the legal security of the texts and is liable in case of warnings. More information can be found at: https://www.haendlerbund.de/en/services/legal-security/agb-service.
last update: 01/11/2023
I. General Terms and Conditions
§ 1 Basic provisions
(1) The following terms and conditions apply to contracts that you conclude with us as a provider (Wellcosan GmbH) via the website venenengel.de. Unless otherwise agreed, the inclusion of any terms and conditions used by you
(2) Consumer in the sense of the following provisions is any natural person who enters into a legal transaction for purposes that can be attributed predominantly neither to their commercial nor their independent professional activity. Entrepreneur is any natural or legal person or a partnership with legal capacity, which acts in the conclusion of a legal transaction in the exercise of their independent professional or commercial activity.
§ 2 Materialization of the contract
(1) The subject of the contract is the sale of goods .
(2) Already with the placement of 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 item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". Using the appropriate button in the navigation bar, you can call the "shopping cart" and make changes there at any time.
After calling the page "Checkout" and entering the personal data and the payment and shipping terms, the order data are finally displayed as an order overview.
If you choose as a payment method an instant payment system (eg.If you use as a payment method an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Sofortüberweisung), you will either be taken to the order overview page in our online store or redirected to the website of the provider of the instant payment system.
If you are redirected to the respective instant payment system, make the appropriate selection or entry of your data there. Finally, you will be displayed on the website of the provider of the instant payment system or after you have been redirected back to our online store, the order data as an order overview.
Before submitting the order, you have the option to review the information in the order overview again, change (also via the function "back" of the Internet browser) or cancel the order.
By sending the order via the corresponding button ("order subject to payment" or similar designation) you declare the legally binding acceptance of the offer, whereby the contract is concluded.
(4) The 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 automatically. You must therefore ensure that the e-mail address you have deposited with us is accurate, the receipt of e-mails is technically ensured and in particular not prevented by SPAM filters.
§ 3 Special agreements on offered payment methods
(1) Payment via Klarna
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment will be made to Klarna in each case:
- Invoice: The payment term is 14 days from the date of dispatch of the goods/ticket/ or, in the case of other services, the provision of the service. The full invoice terms for the countries where 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 installments under the conditions specified in the checkout. The installment payment is due at the end of each month after Klarna sends a monthly invoice. For more information about the installment purchase, including the Terms and Conditions and the European Standard Consumer Credit Information for the countries where this payment method is available, please click here (only available in the specified countries): Germany, Austria.
- Instant bank transfer: Available in Germany and Austria. Your account will be debited immediately after submitting your order.
- Direct debit: The debit will be made after shipping the goods. The timing will be communicated to you by e-mail.
You can find more information and Klarna's terms of use here. For general information about Klarna, please here. Your personal information will be treated by Klarna in accordance with applicable data protection laws and as specified in Klarna's Privacy Policy
Find more information about Klarna here. You can find the Klarna App here.
§ 4 Right of retention, Retention of title
(1) You can exercise a right of retention only insofar as it concerns claims from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
(3) If you are an entrepreneur, the following shall apply in addition:
a) We retain title to the goods until full settlement of all claims arising from the ongoing business relationship. Prior to the transfer of ownership of the goods subject to retention of title, pledging or assignment as security is not permitted.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount that accrue to you from the resale, and we accept the assignment. You are further authorized 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 and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
d) We undertake to release the securities to which we are entitled at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is incumbent upon us.
§ 5 Warranty
(1) The statutory rights of liability for defects exist.
(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you do not comply, this has no effect on your statutory warranty claims.
(3) As far as a feature of the goods deviates from the objective requirements, the deviation shall only be deemed agreed if you were informed by us about the same before submitting the contractual statement and the deviation was expressly and separately agreed between the contracting parties.
(4) As far as you are an entrepreneur, the following applies in deviation from the above warranty provisions:
a) Only our own specifications and the manufacturer's product description shall be deemed agreed as the quality of the goods, but not other advertising, public promotions and statements of the manufacturer.
b) In the event of defects, we shall provide warranty by rectification or subsequent delivery at our discretion. If the rectification of defects fails, you may demand a reduction in price or withdraw from the contract at your discretion. The rectification of defects shall be deemed to have failed after a second unsuccessful attempt, unless the nature of the goods or the defect or other circumstances indicate otherwise. In the case of rectification, we do not have to bear the increased costs incurred by transporting the goods to a place other than the place of performance, provided that the transport does not correspond to the intended use of the goods.
c) The warranty period is two years from delivery of the goods. The shortening of the period does not apply:
- for culpable damage attributable to us arising from injury to life, limb or health and for other damage caused intentionally or by gross negligence;
- as far as we have fraudulently concealed the defect or have assumed a guarantee for the condition of the item;
- in the case of items that have been used in accordance with their customary use for a building and have caused its defectiveness;
- in the case of statutory rights of recourse that you have against us in connection with defect rights.
§ 6 Choice of law, place of performance, place of jurisdiction
(1) German law shall apply. In the case of consumers, this choice of law shall apply only to the extent that the protection granted by mandatory provisions of the law of the country of the consumer's habitual residence is not thereby withdrawn (favorability principle).
(2) Place of performance for all services from the business relations existing with us as well as place of jurisdiction is our registered office, provided that you are not a consumer, but a merchant, a legal entity under public law or a special fund under public law.the same shall apply if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is unknown at the time the action is brought. The right to also call the court at another statutory jurisdiction remains unaffected.
(3) The provisions of the UN Sales Convention are expressly not applicable.
§7 AGBs Vein Angels - Rent instead of Buy
The contractual objective of the rental is that the customer receives the device exclusively for use against payment of the agreed rent. In addition, rented goods can be purchased by purchase option during or after the rental period. Rental products are marked on the invoice by the naming "rent".
(1) Rental frame / rental extension / purchase option
- Rentals are offered to adult commercial customers (B2B) only
- The rental equipment will be shipped only upon full prepayment of the rental, regardless of the selected rental period. Also, if the rental equipment is returned before the end of the agreed rental period, no pro-rata refund will be paid.
- The rental start date is four days after receipt of payment, so that it can be ensured that the device has already arrived at the customer at the start of the rental. In case of irregularities (delayed delivery, unsuccessful delivery), we ask you to contact our team to make an adjustment to the rental end date.
- An order can only be made through one of our Wellcosan GmbH employees and with your consent. The same is valid for rental extensions and for the purchase option. With the purchase option, the rental amount already paid against the sales price valid at the time of the conclusion of the lease on www.venenengel.decredited.
- The option to purchase from the rental can be made at any time during the rental, but only by contacting our team. Here it is important to note:
- The purchase price is based on the difference between the rental price paid and the gross original price of the model at the beginning of the rental, as shown on the website www.venenengel.de evident. The rental amount paid in full is taken into account. Identical to the rental conclusion, the process is controlled by our team: either a telephone order is received or a link is generated by an order draft, which the customer has to complete himself in the check-out. Only after verified receipt of payment of the balance, the rental item becomes the property and the warranty rules of a newly purchased product come into effect. Vouchers or discount codes cannot be drawn on a purchase option. The available means of payment are evident in the check-out.
(2) Rental duration / rental rates
- The amount of the rental price is determined by the order design of our team. The total rental price is calculated from the rental period (in months) and the price per month. All rental prices are final prices and include VAT.
- The amount of the rental price in a rental extension may differ from the price paid in the original rental, as we work with tiered prices, so the monthly rental price is reduced for a longer rental period.
- The rental ends after the initially agreed upon duration of 1,3,6 or 12 months, unless a rental extension or a purchase from the rental is executed. Early return of the rental equipment will not result in a pro-rata refund of the rental amount paid.
(3) Return / Scope / Default
- The rental device including accessories (control unit, power plug, cable) must be in its original packaging in time for the end of the rental period, but no later than 14 days after the end of the rental period in the warehouse of Wellcosan GmbH at Bellinger Tor 16a in 36396 Steinau a.d.Str. arrive. A return label will be sent in time for this to the email address provided at the start of the rental. The rental equipment should be returned in the same condition in which you received it, apart from normal signs of use.
- If the rental equipment is returned incomplete, the missing part of the return shipment must be sent back to us at your own expense immediately after being requested by our team, but no later than within one week. If the missing parts do not reach us after one week despite a reminder, the residual value of the missing accessories will be charged.
- A one-time fee of €80 will be charged for returning a defective device due to intentional damage.
- If we do not receive the return of the rental device within 31 days after the end of the rental period, we must assume that the rental device has been intentionally reused and we will refund the purchase price of the device as stated on the website www.venenengel.de apparent, into account.
(4) Revocation
- With the right of withdrawal you have the possibility to revoke this contract within 30 days from the conclusion of the contract without giving any reason. To exercise the right of withdrawal, you must inform us by means of a clear statement (letter, telephone, e-mail) about your decision to revoke this contract.
-
The return of the rental item will be sent to the following address: Wellcosan GmbH
Bellinger Tor 16a
36396 Steinau a.d.Str. - The return has to be made within 14 days after receipt of the right of withdrawal at your own expense. The return to an incorrect address may delay the repayment of the rent paid.
- We will send you a refund of the rental payments made within 21 days of receipt of the rental item to the same payment method that you used in the original transaction, unless otherwise agreed between you and our team. In the repayment in no case will be charged.
(5) Damages
- We only rent new products. Before a device is shipped, it goes through our comprehensive quality check. If you have any problems with the device, please contact our team via email, WhatsApp or phone and do not try to fix any damage yourself, unless it is done in consultation and with the permission of a Wellcosan GmbH employee. Since this is a rental device, a change of the rental device is not a defect removal.
- Damage that occurs during the rental period must be reported to our team immediately. We cannot send a replacement unit during the rental period, only new rental contracts. In case of damage during the rental period, an individual solution will be found for you. When returning a defective device due to intentional damage, a one-time amount of €80 will be due.
II. Customer Information
1. Identity of seller
Wellcosan GmbH
Hauptstraße 27
36381 Schlüchtern
Germany
Phone: 06661 7489106
Email: service@venenengel.de
Alternative Dispute Resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), accessible at https://ec.europa.eu/odr.
2. Information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the possibilities of correction are carried out in accordance with the regulations "Conclusion of the contract" of our General Terms and Conditions (Part I.).
3. Contract language, contract text storage
3.1. Contract language is German .
3.2 The complete contract text will not be stored by us. Before sending the order via the online shopping cart system the contract data can be printed or electronically saved using the print function of the browser. After receipt of the order by us, the order data, the legally required information for distance contracts and the terms and conditions will be sent to you again by e-mail.
4. Essential characteristics of the goods or services
The essential characteristics of the goods and/or services can be found in the respective offer.
5. Prices and payment terms
5.1 The prices listed in the respective offers as well as the shipping costs represent 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 called up via a correspondingly designated button on our Internet presence or in the respective offer, are shown separately in the course of the ordering process and are to be borne by you additionally, unless free shipping is promised.
5.3. If the delivery is made to countries outside the European Union, we may incur additional costs for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of credit institutions), which are to be borne by you.
5.4. Costs incurred in the transfer of funds (transfer or exchange rate fees of credit institutions) shall be borne by you in cases where the delivery is made to an EU member state but the payment was initiated outside the European Union.
5.5. The payment methods available to you are shown under a correspondingly designated button on our Internet presence or in the respective offer.
5.6. Unless otherwise specified in the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
6. Terms of delivery
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 only passes to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or any other person designated to carry out the shipment.
If you are an entrepreneur, the delivery and shipment is at your risk.
7. Legal liability for defects
The liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).
These General Terms and Conditions and customer information have been prepared by the lawyers of the Händlerbund specializing in IT law and are permanently checked for legal conformity. The Händlerbund Management AG guarantees the legal security of the texts and is liable in case of warnings. More information can be found at: https://www.haendlerbund.de/en/services/legal-security/agb-service.
last update: 01/11/2023
