Vipwell

AGB

1. Service

vipwell direct AG makes every effort to provide quality products and services to its clientele in the online store. Our priority is the satisfaction of our customers, our goal is to provide you with excellent service.

2. Subject of the contract

vipwell-direct sells to its partners and customers the goods specified in the online store according to the following terms and conditions of delivery and sale (GTC). These are part of every contract between vipwell-direct and its customers. vipwell-direct provides services, performances and deliveries exclusively on the basis of these GTC.

Verbal subsidiary agreements to the contract made by employees or vicarious agents of vipwell-direct are only valid if they are expressly confirmed in writing by vipwell-direct.

Each order of goods requires a prior free registration as a customer with vipwell-direct (this is usually done by the partner). Multiple registration of the same person under different names or addresses is not permitted. The customer will be notified about the admission by e-mail. The customer has no right to admission. By registering, the customer is entitled to use the generally available services and to purchase goods and services.

3. Conclusion of the contract

By concluding the franchise agreement or clicking the "Submit" button, vipwell-direct concludes a contract with the legal entity or natural person of full legal capacity (customer) for the use of the vipwell-direct Internet store.

Prior to registration, the user must accept the general terms and conditions and be aware of the cancellation policy as well as the data protection regulations. For this purpose, the corresponding boxes in the virtual registration form must be actively ticked before registration.

After ticking the boxes, customers click the "Send" button to accept the General Terms and Conditions and declare that they have read and understood the cancellation policy and the data protection provisions.

The purchase contract between the customer and vipwell-direct is only concluded by an order of the customer and order acceptance of vipwell-direct. The binding offer of the customer is made via the Internet. vipwell-direct accepts this offer by sending the customer an order confirmation via e-mail.

vipwell-direct reserves the right not to enter into a contract if the result of a credit check is negative.

4. Revocation instruction

a. Right of withdrawal

You can revoke your contract declaration within 14 days without giving reasons in writing (e.g. letter, fax, e-mail) or - if the goods are delivered to you before the deadline - by returning the goods. The time limit begins after receipt of this notification in writing, but not before receipt of the goods by the consignee (in case of recurring deliveries of similar goods not before receipt of the first partial delivery) or in case of services not before the conclusion of the contract and in any case not before we have fulfilled our obligations to provide information pursuant to Article 246 § 2 in conjunction with § 1 paragraph 1 and 2 EGBGB and our obligations pursuant to § 312g paragraph 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB.

The timely dispatch of the revocation or the item shall be sufficient to comply with the revocation period. The revocation is to be sent to:

vipwell direct AG
Managing Director: Besart Berisha
Lerzenstrasse 10
8953 Dietikon
Switzerland
Phone: +41 44 554 94 41
E-mail: info@vipwell.online

b. Consequences of revocation

In the event of an effective revocation, the services received by both parties shall be returned and any benefits derived (e.g. interest) shall be surrendered. If you are unable to return or surrender the received performance and benefits (e.g. benefits of use), or are only able to do so in part or in a deteriorated condition, you must compensate us for the loss of value. In the case of contracts for services, this may mean that you must nevertheless fulfill the contractual payment obligations for the period until revocation. You will only have to pay compensation for the deterioration of the item and for any use made of it if the use or deterioration is due to handling of the item that goes beyond the testing of its properties and functionality. By "testing the properties and functionality" we mean testing and trying out the respective goods, such as is possible and customary in a retail store. Goods that can be shipped by parcel are to be returned at our risk. You have to bear the regular costs of the return shipment if the delivered goods correspond to the ordered goods and if the price of the goods to be returned does not exceed an amount of 40 euros or if, in the case of a higher price of the goods, you have not yet provided the consideration or a contractually agreed partial payment at the time of the revocation. Otherwise, the return shipment is free of charge for you. Items that cannot be sent by parcel post will be collected from you. Obligations to refund payments must be fulfilled within 30 days. The period begins for you with the dispatch of your revocation or the goods, for us with their receipt.

c. Special notes

Your right of revocation expires prematurely in the case of contracts for services if the contract has been completely fulfilled by both parties at your express request before you have exercised your right of revocation.

5. Product range

Changes in design and technology, which improve the functionality of a product, as well as errors in description, illustration and pricing are reserved. All technical information on the individual goods are based on the manufacturer's specifications and are binding within this framework.

6. Terms of payment

The minimum order value without packaging and postage surcharge is EUR 50.00. This amount may only be undercut by deducting a purchased value voucher. An order below this value will not be processed.

All catalog prices are guide prices, which are continuously adjusted to the market. They are quoted in EURO (EUR) or in the respective currency indicated, including the statutory value added tax, plus transport and packaging costs.

For customers resident in Switzerland, the stated price does not include VAT for individual product groups. This is indicated with the respective product. However, VAT will also be charged for these deliveries. This is then not to be paid together with the purchase price to vipwell-direct, but will be collected by the delivering company upon delivery to the customer.

In any case, transport and shipping costs will be charged separately.

In principle, payment in advance (advance invoice, credit card, etc.) must be made and is effective when the corresponding amount has been credited to the bank account. Only the receipt of payment triggers an obligation of vipwell-direct.

Vouchers are only redeemed under the conditions indicated on the voucher and exclusively for the product group indicated on the voucher. It is not permitted to sell vouchers or voucher codes without the prior written consent of vipwell-direct, to trade with them in any way or to credit vouchers or voucher codes purchased or auctioned by third parties. In the case of payment by means of a purchased voucher, any remaining credit will be credited to the customer's account and automatically applied to the next order.

7. Postage free deliveries

From an order amount specified separately in the online store will be delivered postage free. If the order amount falls below the limit for postage-free delivery due to a revocation and resulting return of goods, the transport and packaging costs will be charged accordingly.

8. Delivery conditions

The ordered products can be shipped to addresses in Europe. If in stock, the products will be delivered immediately to the address specified by the customer (delivery time 4-8 days). Otherwise, a written order confirmation with the expected delivery date will be sent (by e-mail). The goods will be delivered (ex loading ramp), even if partial deliveries are made.

Compliance with our delivery obligation requires the timely and proper fulfillment of the customer's obligations. We reserve the right to plead non-performance of the contract.

If the customer is in default of acceptance or culpably violates other obligations to cooperate, we shall be entitled to demand compensation for the damage incurred by us in this respect, including any additional expenses. We reserve the right to assert further claims.

9. Costs of return shipment when exercising the right of revocation

If the customer exercises his right of revocation in accordance with clause 4 of these General Terms and Conditions, the customer shall bear the regular costs of returning the goods if the value of the goods does not exceed EUR 40.00 or if, in the case of a higher price of the goods, the consideration or a contractual partial payment has not yet been made at the time of revocation.

10. Purchase of recurring services/deliveries

If the customer concludes a contract for recurring services or deliveries (subscription, Auto-Vip, etc.), the contract can be terminated at any time, subject to a notice period of 30 days to the end of a month. The termination must be made in writing.

The customer's statutory right of cancellation remains unaffected by this provision. For the period for exercising the right of revocation in the case of contracts for recurring deliveries, reference is made to Section 4. a., Right of Revocation, Sentences 1 and 2, of these General Terms and Conditions.

11. Reservation of proprietary rights

vipwell-direct retains ownership of the purchased item until receipt of all payments from the delivery contract. In the event of breach of contract by the customer, in particular default of payment, we are entitled to take back the purchased item. In the taking back of the purchase thing by us a resignation of the contract is. vipwell-direct is authorized after taking back of the purchase thing to their utilization, the utilization proceeds are to be credited to the commitments of the customer - less appropriate utilization costs.

In the event of seizures or other interventions by third parties, the customer must notify vipwell-direct immediately in writing so that the latter can bring an action in accordance with § 771 ZPO (German Code of Civil Procedure). If the third party is not able to reimburse vipwell-direct for the judicial and extrajudicial costs of a lawsuit according to § 771 ZPO, the customer is liable for the resulting loss.

12. Intellectual property

vipwell-direct reserves all rights for every design, every text, every graphic on its website. Copying or any other reproduction, of the entire website or parts of this website is only allowed for the purpose of placing an order with vipwell-direct. Creating a social network account (Instagram, Facebook, etc.) in the name of Vipwell direct AG is not allowed. The name vipwell-direct as well as vipwell, all page headers, navigation bars, graphics and button icons are registered trademarks, trademarks or brands for which vipwell-direct has an exclusive right of use in the sales territory. All other trademarks, product names or company names or logos cited on this website are the sole property of their respective owners. vipwell-direct reserves the property rights and copyrights to illustrations, drawings, calculations and other documents. The customer requires the express written consent of vipwell-direct before passing them on to third parties.

13. Data protection

All personal data will be treated confidentially in accordance with data protection regulations. Further information can be found in our data protection regulations.

14. Liability

vipwell-direct excludes its liability for slightly negligent breaches of duty, unless damages resulting from injury to life, body or health or guarantees are affected or claims under the Product Liability Act are affected. Furthermore, liability for the breach of obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the customer may regularly rely, shall remain unaffected. The limitation of liability contained in this paragraph shall also apply to breaches of duty by our vicarious agents.

15. Amendement of the general terms and conditions of business

vipwell-direct reserves the right to amend the general terms and conditions at any time without stating reasons, unless this is unreasonable for the customer considering the interests of vipwell-direct. A change is unreasonable if it concerns essential parts of the contract, in particular the main services owed, which would be the subject of a change contract.

vipwell-direct will notify the customer of such changes to the GTC in a timely manner by e-mail. The notification of change will contain a reference to the possibility and period of objection as well as the significance or consequences of failure to object.

If the customer does not object to the validity of the new GTC within two weeks beginning with the day following the notification of the change, the changed GTC shall be deemed accepted by the customer.

16. Final provisions

For the sale of goods specified in the online store of vipwell-direct, the GTC in the version valid at the time of the respective conclusion of the contract shall apply exclusively. These terms and conditions apply in particular even if they should differ from those of the customer. For the delivery of software and services, the manufacturer's license terms enclosed with and/or contained on the data carrier or service shall also apply. By opening the sealed data carrier and/or activating the service, the customer expressly acknowledges the validity of these terms and conditions. Should individual provisions of these GTC be or become invalid, this shall not affect the legal validity of the remaining provisions. Furthermore, vipwell-direct reserves the right to change these general terms and conditions at any time.

Dietikon , 07.10.2020