General Terms and Conditions

§ 1 Scope

All legal transactions between the Principal Wellness Network B.V. ,  Nassauplein 30, NL-2585 EC Den Haag, (below -mentioned as Wellness Network B.V.) and you, the Agent, (below-mentioned as ‘you’ or ‘your’) shall be subject to these General Terms and Conditions exclusively. Any conflicting and deviating Conditions will not be accepted by Wellness Network B.V.. Any conflicting General Terms and Conditions on the part of the Agent are only valid if explicitly accepted in writing by Wellness Network GmbH.


§ 2 Conclusion of Contract

1. The presentation of products in the Online Shop is not a legally binding offer but a nonbinding Online Catalogue. By pressing the „Close order“ button, the user expresses a declaration of intent to purchase the contents of the consumer/shopping basket. The receipt of order is confirmed immediately after the order has been sent. The user can alternatively also place an order via telephone, telefax message, letter post or email. The contract of purchase results from our delivery confirmation or delivery of the products. If you do not receive a delivery confirmation or delivery of products within 2 weeks you are no longer bound to your order.
2. The contract of purchase is concluded between you and Wellness Network B.V.. The contract of purchase shall be subject to these General Terms and Conditions.

§ 3 Text of the Contract

Wellness Network B.V. will save your concrete ordering data according to the privacy policy. You always have the right to inspect the General Terms and Conditions as well as the use of your saved data and you always have the right to save these on your computer.


§ 4 Warranty

Wellness Network B.V. warrants that the sold products are at the time of transfer of risk free from any material and manufacturing faults and Wellness Network B.V. warrants that the products correspond to the features guaranteed in the contract. If you find that the products are faulty, you have the right for the goods to be repaired or replaced. You shall check the goods in respect of defects and state immediately on their arrival. In case of open or latent defects, you shall notify Wellness Network B.V. about that in written form within 10 days after discovery. Otherwise the defects guarantee lapses. The duration of guarantee shall be 6 months from the date of delivery. In case of complaint, the date of purchase shall be proven with an invoice. The affected product shall, sufficiently stamped, be sent in together with a copy of the invoice. If delivered products show signs of material or manufacturing defects, including transport loss, please, notify the responsible mail carrier or us immediately. The legal claims to supplementary performance, correction of faults or resupply shall apply to all other defects arising within the legal warranty period. For all returns, please, use the Wellness Network B.V. return form only. This warranty does not cover faults due to fair wear and tear. Warranty lapses if you alter the goods. If defects are not corrected within an appropriate time limit, you have the right of redhibitory action or reduction. Invoices shall be checked within 10 days after receipt and are considered accepted afterwards.


§ 5 Right of Withdrawal

You have the right to cancel the contract at any time within the period of 2 weeks without stating a reason. Withdrawal shall be communicated in writing (e.g. letter, fax to +49-6171-895843, email to Info@shakti4wellness.eu) or by returning the goods, unless you have been acting within your commercial or self-employed activity (Order through entrepreneur). The time limit starts at the earliest on the day the goods arrive or before arrival of the first partial delivery and a detailed instruction in writing. For adherence to the time limit the dispatch of the cancellation or the goods is sufficient.

You shall bear the costs for return if the delivered goods correspond to the ordered ones, if the price of the goods, which need to be returned, does not exceed EUR 40.-, and if, in case of a higher amount, you have, at the time of the withdrawal, not paid the goods, neither partially nor fully.
Wellness Network GmbH recommends: Use the Wellness Network GmbH. return form for returning goods. If possible, send the form via fax (+49-6171 – 89 58 43) beforehand. You shall also be able to prove the return via a corresponding return receipt from the post office.


§6 Consequences of Withdrawal

In case of an operative withdrawal the services received by both sides have to be returned and, if applicable, benefits have to be refunded (e.g. interest). If you are not or only partly able to return the received services to Wellness Network B.V. or if you can only return them in a deteriorated state, you are obliged to give value replacement. This does not apply to surrendered goods if the damage of the merchandise has been solely caused by its examination – as could have been done in the store. The obligation for value replacement can be avoided if you do not use the merchandise as a consumer and if you avoid everything that could reduce its value. Merchandise that can be sent as packages - possibly in its original packing - can be returned at our risk. Merchandise that cannot be sent as packages will be collected from your premises.
The forwarding expenses are on you if the delivered merchandise corresponds to the ordered merchandise and if the price of the returned merchandise does not exceed EUR 40.- or if you have not yet provided the equivalent amount or an installment agreed upon contractually for the merchandise that was higher priced at the point of withdrawal. Wellness Network GmbH kindly asks you to sufficiently frank (postage) all returns in order to avoid any surcharge. Please, choose the most affordable dispatch type. Wellness Network GmbH will refund the amount immediately.


§ 7 Exclusion of the Right of Withdrawal

1. The right of withdrawal does not apply to merchandise which has been produced according to your specifications or which has been clearly customized.
2. The right of withdrawal lapses for services, which Wellness Network GmbH has - with your explicit consent or at your instance - started with before the expiration of the 2-week deadline. 

§ 8 Partial Deliveries

Wellness Network B.V. shall be entitled to provide partial deliveries if they are reasonable for you. Additional forwarding expenses may only arise if explicitly agreed upon.


§ 9 Prices and Terms of Payment

The prices displayed on our website are final prices for our final consumers, inclusive of the legal VAT. The Wellness Network B.V. ordering system recommends the following methods of payment:

1. Payment can be carried out by advance payment via transfer. If you choose advance payment, we will inform you of the bank details in the order confirmation. After receiving the amount stated on the invoice/confirmation of order, which you get via email, we will immediately effect delivery. In case of advance transfer always state your personal customer number and the invoice number. All delivery dates are stated non-bindingly, unless they are explicitly stated as “binding”. The contracting partner will only be in arrears with payments after a final deadline of 2 weeks and after threat of refusal.
2. If the mail carrier cannot reach you, a note will be left in your mailbox. If need be, you can, after agreement, pick up the merchandise at the warehouse of the shipping company responsible. If the mail carrier can repeatedly not reach you, the merchandise will be sent back to Wellness Network GmbH. at the risk and cost of Wellness Network GmbH.

§ 10 Shipping Costs

Shipping is conducted by a company instructed by us.

1. Shipping costs for Germany, Austria, Belgium, the Netherlands, and Switzerland: EUR 7.74. - (gross price).
2. Shipping costs for all other European countries are stated in the course of the ordering process.

§ 11 Reservation of Property Rights

The delivered merchandise remains our property until the full payment of the price.


§ 12 Disclaimer of Liability

Wellness Network B.V. shall only be liable within the scope of legal regulations and only in case of intent and gross negligence. Liability is limited to the invoice value of the ordered goods and within the scope of the public liability insurance. Wellness Network B.V. shall not be liable for the incorrect application of its products. Nutritional supplements should usually only be taken in consultation with a general practitioner. Liability for consequential damages is, as far as possible, excluded.
Wellness Network B.V. offers links to websites of other providers (partners) as a service. These references are normally highlighted as such. Links to other websites are to be used on your own responsibility. The linked sites are not under the control of Wellness Network B.V. and Wellness Network B.V. is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Wellness Network B.V. is not responsible for web casting or any other form of transmission received from any linked site. Wellness Network B.V. is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Wellness Network B.V. of the site.
If these links include illegal, especially chargeable, left- or right-wing extremist, child pornographic, offensive or similar contents, Wellness Network B.V. repudiates these in the strongest terms. Wellness Network B.V. does not guarantee the accuracy of information on download charges.


§ 13 Data Protection – Use of Saved Data

Wellness Network B.V. attaches high importance to data protection. Hence Wellness Network B.V. informs you herewith what kind of personal data Wellness Network B.V. collects and how it uses that data. You can obtain a lot of information on the Wellness Network B.V. website without divulging any personal data to Wellness Network GmbH. If you wish to order products, Wellness Network B.V. needs some personal information from you. Inventory data is entered on a voluntary basis. By entering your personal inventory data, you accept the storage of this data. The transmission of customer data from the Internet to Wellness Network B.V. is saved by using 128bit SSL-encoding. Wellness Network B.V. uses your inventory data exclusively for processing your orders. According to §28 of the Federal Data Protection Act (BDSG) Wellness Network B.V. would like to point out that the data necessary for business purposes is processed and saved by means of a computer and according to §33 (BDSG) and the Tele Services Data Protection Act (TDDSG).
You always have the right to request details of any personal data about you that Wellness Network B.V. may have stored. You are always entitled to ask for correction, blocking or deletion of personal data. Send an email to Info@shakti4wellness.eu, or send a letter or fax for that. Your personal data and your email address are not passed on to third parties. You can always inspect and change your personal user information after registering with your email address and your password.
Wellness Network B.V. occasionally informs you about news, special events and promotions via the Wellness Network B.V. newsletter. If you do not want that, you can always unsubscribe by clicking on the „Unsubscribe“ link (below every newsletter). By sending an informal email to Info@shakti4wellness.eu you can always revoke the storage of your personal data.
When doing so, please, state the email address with which you registered. Wellness Network B.V. will delete your personal data as fast as possible.
 

§ 14 Cookies

Cookies contain information that can later be read by a web server in the domain that issued the cookie to you. Cookies cannot be used to run programs or deliver viruses to your computer.
Wellness Network B.V. uses session cookies for processing your ordering process. A cookie is a small text file that is placed on your hard disk by a web page server.
Session cookies are temporary cookies and are erased when the user closes the web browser. Session cookies are stored in temporary memory and are not retained after the browser is closed. Session cookies do not collect information from the user’s computer. They typically will store information in the form of a session identification that does not personally identify the user.


§ 15 Copyright

The Wellness Network B.V. website inclusive of all texts, contents, pictures, logos, graphics and the whole layout is subject to copyright. Unauthorized use of the logo as well as unauthorized reproduction or distribution of websites or their contents is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. If you are interested in several contents, contact Info@shakti4wellness.eu.


§ 16 Place of Jurisdiction, Salvatorius Clause

The exclusive place of jurisdiction for business people is Den Haag. These Terms and Conditions are governed by Dutch law.
Oral agreements are not valid. Contractual changes of and amendments to the contract as well as to these Terms and Conditions shall always require the written form. Should individual clauses of these Terms and Conditions be or become ineffective, the remaining clauses and the agreements entered into on the basis thereof shall not be affected hereby. The ineffective clause shall be replaced by one, which is operative and most closely reflects the original sense and purpose of the respective ineffective clause. The same applies to gaps in these Terms and Conditions, which could not have been foreseen in the contract.



Den Haag October 2009