Terms of service
§ 1 Scope of application
(1) These General Terms and Conditions of Sale (hereinafter: GTC) apply to all contracts concluded via our online store between us, Sitwelly, owner Aanish Khan, Werrenwiesenstraße 92, 73525 Schwäbisch Gmünd, Germany, Telephone: 017685628746, E-mail: support@sitwelly.com (hereinafter "Seller" or "we") and you as our customer (hereinafter "Customer" or "you"). The version of the GTC valid at the time the contract is concluded shall apply.
(2) We do not accept deviating terms and conditions of the Customer. This shall also apply if we do not expressly object to their inclusion.
(3) The GTC apply both to consumers pursuant to section 13 BGB and to entrepreneurs pursuant to section 14 BGB.
(4) The Customer is a consumer insofar as the purpose of the ordered goods and services cannot be predominantly attributed to his commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of their commercial or independent professional activity.
(5) The version of the GTC valid at the time the contract is concluded shall apply.
§ 2 Conclusion of contract
(1) The presentation and advertising of goods in our online store do not constitute a binding offer to conclude a purchase contract.
(2) You can select goods from our range, in particular lumbar support pillows for chairs, recliners and seating furniture, and collect them in a shopping cart by clicking the "Add to cart" button. By clicking on the button "Check out" you submit a binding request to purchase the goods in the shopping cart. You can change and view the data at any time before submitting the order.
(3) We will then send you an automatic confirmation of receipt by e-mail, in which your order is listed again and which you can print out using the "Print" function. The automatic confirmation of receipt merely documents that we have received your order and does not constitute acceptance of the application. The contract is only concluded when we issue the declaration of acceptance, which is sent in a separate e-mail (order confirmation). In this e-mail or in a separate e-mail, but at the latest upon delivery of the goods, we will send you the text of the contract (consisting of the order, GTC and order confirmation) on a permanent data carrier (e-mail or paper printout). The text of the contract is stored in compliance with data protection regulations.
(4) The contract is concluded in German.
§ 3 Terms of delivery
(1) We are entitled to make partial deliveries insofar as this is reasonable for you.
(2) Delivery times stated by us are calculated from the time of our order confirmation. If no or no deviating delivery time is specified for the respective goods in our online store, the delivery time is 5–8 days.
(3) If no copies of the product you have selected are available at the time of your order, we will inform you of this immediately in the order confirmation. If the product is permanently unavailable, we will refrain from issuing a declaration of acceptance. In this case, a contract will not be concluded.
(4) If the product designated by you in the order is only temporarily unavailable, we will also inform you of this immediately in the order confirmation.
(5) We only deliver to customers who have their habitual residence (billing address) in the United States, Canada, countries of the European Union and the United Kingdom and can provide a delivery address in the same country.
§ 4 Prices and shipping costs
(1) All prices quoted in our online store are final prices. Due to our status as a small business owner in accordance with § 19 UStG, we do not charge sales tax and therefore do not show it. They do not include shipping costs.
(2) The shipping costs are indicated in our online store. The price, including shipping costs, will also be displayed in the order form before you submit your order.
(3) If we fulfill your order by making partial deliveries, you will only incur shipping costs for the first partial delivery. If the partial deliveries are made at your request, we will charge shipping costs for each partial delivery.
(4) If you effectively revoke your contractual declaration, you can demand reimbursement of costs already paid for shipping subject to the statutory requirements.
(5) The goods are dispatched by post. If you are a consumer, we bear the shipping risk.
(6) In the event of a revocation of the purchase, you must bear the direct costs of the return shipment.
§ 5 Terms of payment
(1) You can pay in our online store by credit card, PayPal, Shop Pay or Google Pay.
(2) You can change the payment method saved in your user account at any time.
(3) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined by the calendar, you are already in default by missing the deadline. In this case, you shall pay interest on arrears at a rate of 5 percentage points above the prime rate if you have placed the order as a consumer and at a rate of 9 percentage points above the prime rate if you have placed the order as an entrepreneur.
(4) The obligation to pay default interest does not exclude the assertion of further damages caused by default.
§ 6 Retention of title
The delivered goods remain our property until the purchase price has been paid in full.
§ 7 Warranty
(1) We are liable for material defects or defects of title of delivered items in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. The limitation period for statutory claims for defects is two years and begins with the delivery of the goods. If you are an entrepreneur, the warranty period for goods delivered by us is 12 months.
(2) Any seller's warranties given by us or manufacturer's warranties granted shall apply in addition to the statutory claims.
§ 8 Liability
(1) Claims for damages by the customer are excluded. Excluded from this are claims for damages arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the seller, its legal representatives or vicarious agents.
(2) In the event of a breach of essential contractual obligations, the seller shall only be liable for the foreseeable damage typical of the contract if this was caused by simple negligence, unless the claims for damages are based on injury to life, limb or health.
(3) The restrictions of paragraphs (1) and (2) also apply in favor of the legal representatives and vicarious agents of the seller.
(4) The limitations of liability shall not apply if the seller has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The provisions of the Product Liability Act remain unaffected.
§ 9 Data protection
You can find detailed information on data protection in our privacy policy at:
https://sitwelly.com/policies/privacy-policy
§ 10 Copyrights
We hold the copyright to all images, films and texts published in our online store. Use is not permitted without our express consent.
§ 11 Statutory right of withdrawal for consumers
Cancellation policy
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you have taken possession of the goods.
To exercise your right of withdrawal, you must inform us:
Sitwelly
Owner: Aanish Khan
Werrenwiesenstraße 92
73525 Schwäbisch Gmünd
Germany
Telephone: 017685628746
E-mail: support@sitwelly.com
by means of a clear statement of your decision to withdraw from this contract.
If you withdraw from this contract, we shall reimburse all payments received from you, including delivery costs, without undue delay and no later than 14 days from the day on which we are informed about your decision to withdraw. We may withhold reimbursement until we have received the goods back or until you have provided proof that you have returned the goods.
You must return the goods within fourteen days from the day on which you inform us of the withdrawal. You bear the direct costs of returning the goods.
The right of withdrawal does not apply to the statutory exceptions listed in § 312g BGB.
§ 12 Dispute resolution for consumers
We are not willing or obliged to participate in a dispute resolution procedure before a consumer arbitration board.
§ 13 Applicable law and place of jurisdiction
The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
If you are a merchant with your registered office in Germany, the exclusive place of jurisdiction is the registered office of the seller.