Terms and conditions at WellStar GmbH & Co. KG

June 2007


Dear customer,
Here is the small print, just in case a problem arises... We hope that you will always be satisfied as our customer, and that you will recommend our products and services to many of your friends. That's why we will certainly always attempt to reach decisions with your benefit in mind.

§1 General information

  1. For all contractual relations between WellStar GmbH & Co. KG (referred to below as "WellStar") and its customers (referred to below as "Ordering parties"), the following terms and conditions apply solely, unless the parties expressly reach a written agreement which deviates from these.
  2. Contractual conditions which are made by the ordering party or a third party shall not be included in the substance of the contract, even if WellStar does not contradict these conditions.

§2 Conclusion of contract, prices

  1. Offers from WellStar represent an offer made on conclusion of a contract. All information regarding offers and prices in the catalogue, price list, on the website or in other statements issued by WellStar are non-binding. They apply only for as long as stocks are available.
  2. The prices given are final prices, i.e. they include the legal VAT and other price components. The ordering party shall bear delivery charges. For deliveries outside Germany, the German VAT shall not be charged.
  3. WellStar shall inform the ordering party regarding the receipt of their order. The contract will only come into force when WellStar has accepted the order by delivering the goods, or be informing the ordering party that goods have been dispatched, or by a written confirmation of contract. Legal revocations or resignation rights of the ordering party remain unaffected. The contract will be stored by WellStar, but cannot be accessed by the ordering party. The contract will be concluded in German.

§3 Delivery

  1. Deliveries shall be made to the postal/delivery address provided by the ordering party, exclusively in Germany, Austria, Switzerland, Denmark and Hungary. Ordering parties with delivery addresses in other countries will until further notice be unable to order goods. Collection of orders by the ordering party is not possible.
  2. WellStar shall in addition charge the ordering party with the costs for delivery, packaging and insurance given in its price lists.
  3. WellStar retains the right to provide a uniform service with regard to quality and price, insofar as this is feasible for the ordering party in relation to the interests of WellStar.
  4. WellStar retains the right to provide a uniform service with regard to quality and price when changes to products are made, when goods or services are not available, or when delivery is delayed by the manufacturer, or, if this is not possible, to decline to provide the service.
  5. Should a case such as that in the previous clause arise, WellStar shall immediately inform the ordering party regarding the non-availability or delayed delivery.
  6. Should WellStar deviate from the contract in accordance with the previous clauses, WellStar shall immediately recompense the ordering party for the services they have rendered.

§4 Conditions of payment, reservation of proprietary rights

  1. The ownership of the goods is transferred to the ordering party only when the price has been paid in full and permanently. During the period of reservation of proprietary rights, the ordering party retains the right to own and use the purchase goods as stipulated in the contract, insofar as they meet their payment obligations in due time. A claim for this reservation of proprietary rights shall not be regarded as a withdrawal from the contract.
  2. Should the ordering party not be a consumer, the following terms apply in addition to paragraph 1: the ordering party retains the right to sell the goods via the normal course of business. Should they have goods which are subject to reservation of proprietary rights, they shall already at this stage surrender the resulting purchase price claims to WellStar. This surrendering must be disclosed on request. WellStar shall therewith accept the surrender.
  3. Should no other agreement have been reached, WellStar shall only deliver against prior payment.
  4. Should deliveries have been made against an invoice, the sums given must be paid in full immediately. No deductions shall be granted.
  5. Should a debit withdrawal not be honoured, or be returned, the ordering party thereby grants their bank the irrevocable right to issue WellStar with their name and current address. WellStar retains the right in this case to charge the ordering party the fees arising from the debit withdrawal - currently €5.00 in most cases. The right to make assertions regarding any other claims for damage compensation is retained.

§5 Payment delays

Should the ordering party make a delay in paying demands which fall due, WellStar retains the right to invoice the ordering party for the legal default interest. The assertion of a higher level of delay damage is not foreclosed.

§6 Objections and offsets

  1. Any objections made against the total sum of a WellStar invoice must be presented in writing within 14 days following receipt of the invoice. Legal claims which can also be asserted following the expiry of this period remain unaffected.
  2. The charging by the ordering party with payment requests from WellStar is only possible with undisputed payment requests, or payment requests which are legally determined. A right of retention of goods can only be applied by the ordering party when this is based on the same contractual relationship.

§7 Deficiency rights, liability limitation

  1. The guarantee and liability is determined according to the legal stipulations, in particular, §§ 434 ff of the German Civil Code, insofar as subsequent regulations do not determine otherwise.
  2. Complaints relating to the scope of delivery, deficiencies, incorrect deliveries and quantity deviations are, insofar as can be determined by reasonable examinations, to be asserted in writing immediately after receiving the goods.
  3. Complaints relating to packaging which is noticeably damaged must be presented to the delivery service immediately following receipt.
  4. WellStar bears liability for deliberate acts and gross negligence. In cases of slight negligence, WellStar bears liability only when an essential contractual obligation (cardinal obligation) is violated, or when damage arises due to an injury to life, the body or health. The exemption from liability does not apply to the guaranteed quality or shelf life of goods.
  5. In cases in which damage occurs as a result of slight negligence, the liability in relation to the total sum is restricted to the level of the foreseeable damage, the occurrence of which must be anticipated.
  6. The present regulations also apply for the benefit of auxilary persons and legal representatives of WellStar.
  7. WellStar provides no guarantees for products or services, unless a statement is expressly described as a "guarantee", or WellStar expressly bears liability for the properties or shelf life. Product descriptions do not constitute guarantees.
  8. Should the ordering party default in their acceptance, or should they violate other obligations of co-operation, they must compensate WellStar for the damage arising.

§8 Data protection

  1. The ordering party shall be informed that their name, address and other data required for the fulfilment of the contract shall be stored. Should the selling party make use of third parties in order to provide services which act in the purpose of the contract, the selling party retains the right to disclose the data of the ordering party to the third party.
  2. In order to ensure a problem-free processing of every order, the ordering party is obliged to provide honest information. Should the data of the ordering party change, the selling party must be informed.

§9 Revocation instructions for consumers

Revocation rights for consumers
Should the ordering party be a consumer, they may revoke their declaration of contract within one month without providing a reason for doing so, in text form (e.g. letter, fax, email) or by returning the goods. The period begins at the earliest on receipt of these instructions in text form. When goods are delivered, the period does not begin until the day the goods are received by the ordering party. In order to observe the revocation period, it is sufficient to send the revocation or goods in due time. The revocation should be sent to:

WellStar GmbH & Co. KG
Charlottenstr. 4
D-10969 Berlin
Fax: +49 (0) 30 – 47 37 28 - 11
E-Mail: uk@webstar.biz

Consequences of revocation
Should an effective revocation occur, the services received on both sides must be returned, and if appropriate, benefits accrued (e.g. interest) must be paid. Goods which can be delivered as packages must be returned. The ordering party shall bear the return postal costs when the delivered goods correspond to those which were ordered, and when the price of the returned goods does not exceed a total of 40 euros, or, should the price of the goods be higher at the point in time of revocation, when the ordering party has not yet provided a counter-service, or has not yet made a partial payment as agreed in the contract. In other cases, the return post is free of charge for the ordering party. Goods which cannot be delivered as packages shall be collected from the ordering party. The ordering party must fulfil obligations for payment reimbursement within 30 days following dispatch of their declaration of revocation.

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§10 Youth protection

  1. WellStar wishes only to enter contractual relations with adult ordering parties. The ordering party provides assurance that they are of full age. The ordering party must ensure that only they themselves or adults authorised to do so receive the delivery of goods.
  2. The ordering party shall exempt WellStar from the claims of third parties which arise from the violation of the obligation of the ordering party in paragraph 1.

§11 Modifications. Applicable legislation. Place of fulfilment and court of jurisdiction

  1. For the contractual relationships, German law applies solely and irrespective of compelling provisions for the protection of the consumer.
  2. The applicability of the United Nations agreement on contracts relating to the international sale of goods, the uniform law on the international purchase of movable goods (ULIS) and the uniform law on the conclusion of international purchasing contracts relating to movable goods (UCL) is expressly precluded.
  3. Should clauses of these general terms and conditions be ineffective, or should they lose their effectiveness, the remainder of the contract shall remain effective.
  4. Should the ordering party be a business trader, the place of jurisdiction and place of fulfilment is the WellStar headquarters.

§12 Final note

You can find additional, up-to-date information on the Internet under www.wellstar-international.de. Should you have any questions regarding these general terms and conditions, our corporate guidelines or our company and its services, you are welcome to contact us.


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