Terms of Service

Table of Contents Scope Conclusion of Contract Right of Withdrawal Prices and Payment Terms Delivery and Shipping Conditions Retention of Title Defect Liability (Warranty) Redemption of Promotional Vouchers Applicable Law Jurisdiction Alternative Dispute Resolution

  1. Scope 1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Wowlabs GmbH (hereinafter referred to as the "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as the "Customer") concludes with the Seller with regard to the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby expressly rejected unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their self-employed professional activity. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or self-employed professional activity when concluding a legal transaction.

  1. Conclusion of Contract 2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but rather serve to submit a binding offer by the Customer.

2.2 The Customer can submit the offer via the online order form integrated into the Seller's online shop. To do this, the Customer places the selected goods in the virtual shopping cart and completes the electronic ordering process by clicking the button that concludes the ordering process, thereby submitting a legally binding contractual offer with regard to the goods in the shopping cart.

2.3 The Seller may accept the Customer's offer within five days

by sending the Customer a written order confirmation or an order confirmation in text form (fax or email), in which case the receipt of the order confirmation by the Customer is decisive, or by delivering the ordered goods to the Customer, in which case the receipt of the goods by the Customer is decisive, or by requesting payment from the Customer after the Customer has placed the order. If several of the above alternatives are available, the contract is concluded when one of the above alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the Customer and ends with the expiration of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the Customer is no longer bound by their declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/us/webapps/mpp/ua/useragreement-full or, if the Customer does not have a PayPal account, subject to the terms for payments without a PayPal account, available at https://www.paypal.com/us/webapps/mpp/ua/privacywax-full. If the Customer chooses a payment method offered by PayPal during the online ordering process, the Seller hereby declares its acceptance of the Customer's offer at the point in time when the Customer clicks the button that concludes the ordering process.

2.5 Before the binding submission of the order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the zoom function of the browser, which is used to enlarge the display on the screen. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.

2.6 Only the German language is available for the conclusion of the contract.

2.7 Order processing and contact take place by email and automated order processing. The Customer must ensure that the email address provided by them for order processing is accurate so that emails sent by the Seller can be received at this address. In particular, the Customer must ensure that when using SPAM filters, all emails sent by the Seller or by third parties commissioned by the Seller with order processing can be delivered.

  1. Right of Withdrawal 3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the Seller's withdrawal policy.

3.3 The right of withdrawal does not apply to consumers who, at the time of the conclusion of the contract, do not belong to a member state of the European Union and whose sole place of residence and delivery address at the time of the conclusion of the contract is outside the European Union.

  1. Prices and Payment Terms 4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices that include the statutory value-added tax. Any additional delivery and shipping costs will be separately indicated in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases, which the Seller is not responsible for and which are to be borne by the Customer. These may include, for example, costs for the transfer of funds by credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs may also arise in relation to the transfer of funds if the delivery is not made to a country outside the European Union, but the Customer makes the payment from a country outside the European Union.

4.3 The payment options will be communicated to the Customer in the Seller's online shop.

4.4 If a payment method offered by "Shopify Payments" is selected, payment processing is carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as "Stripe"). The individual payment methods offered via Shopify Payments will be communicated to the Customer in the Seller's online shop. Stripe may use other payment services to process payments, for which special payment terms may apply and to which the Customer may be separately informed. Further information on "Shopify Payments" can be found on the Internet at https://www.shopify.com/legal/terms-payments.

4.5 If a payment method offered by "Klarna" is selected, payment processing is carried out by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter referred to as "Klarna"). Further information and Klarna's terms and conditions can be found in the Seller's payment information, which can be viewed at the following Internet address:

https://www.wowlabs.de/pages/zahlarten

  1. Delivery and Shipping Conditions 5.1 The delivery of goods is made by shipping to the delivery address provided by the Customer, unless otherwise agreed. In the processing of the transaction, the delivery address provided in the Seller's order processing is decisive. Notwithstanding this, if the Customer selects the payment method PayPal, the delivery address stored by the Customer at the time of payment at PayPal is decisive.

5.2 If the delivery of the goods fails for reasons that are the Customer's responsibility, the Customer shall bear the reasonable costs incurred by the Seller as a result of the failed delivery. This does not apply if the Customer effectively exercises their right of withdrawal. In case of effective exercise of the right of withdrawal by the Customer, the provisions made in the Seller's withdrawal policy shall apply to the return costs.

5.3 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies in the event that the Seller is not responsible for the non-delivery and has concluded a concrete hedging transaction with the supplier with due diligence. The Seller will make every reasonable effort to procure the goods. In the event of unavailability or only partial availability of the goods, the Customer will be informed immediately and any consideration received will be reimbursed without delay.

5.4 Self-collection is not possible for logistical reasons.

  1. Retention of Title If the Seller makes advance payment, they reserve ownership of the delivered goods until the purchase price owed has been paid in full.

  2. Defect Liability (Warranty) 7.1 If the purchased item is defective, the statutory provisions regarding liability for defects shall apply.

7.2 If the Customer is a consumer, they are requested to complain about delivered goods with obvious transport damage to the delivery person and to inform the Seller of this. If the Customer fails to do so, this will have no effect on their statutory or contractual claims for defects.

  1. Redemption of Promotional Vouchers 8.1 Vouchers provided by the Seller as part of promotions with a certain validity period and which cannot be purchased by the Customer (hereinafter referred to as "Promotional Vouchers") can only be redeemed in the Seller's online shop and only within the specified period.

8.2 Individual products may be excluded from the voucher promotion if such a restriction results from the content of the Promotional Voucher.

8.3 Promotional Vouchers can only be redeemed before the completion of the order process. Subsequent offsetting is not possible.

8.4 Only one Promotional Voucher can be redeemed per order.

8.5 The value of the goods must at least equal the amount of the Promotional Voucher. Any remaining credit will not be reimbursed by the Seller.

8.6 If the value of the Promotional Voucher is not sufficient to cover the order, the Customer can choose one of the other payment methods offered by the Seller to pay the difference.

8.7 The credit of a Promotional Voucher will not be paid out in cash or interest.

8.8 The Promotional Voucher is transferable. The Seller can make a payment to the respective holder who redeems the Promotional Voucher in the Seller's online shop with discharging effect. This does not apply if the Seller has knowledge or grossly negligent ignorance of the non-entitlement, lack of legal capacity, or lack of authorization of the respective holder.

  1. Applicable Law 9.1 For all legal relationships between the parties, the law of the Federal Republic of Germany shall apply, excluding the laws on the international sale of movable goods. In the case of consumers, this choice of law applies only to the extent that the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.

9.2 Furthermore, this choice of law regarding the right of withdrawal does not apply to consumers who, at the time of the conclusion of the contract, do not belong to a member state of the European Union and whose sole place of residence and delivery address at the time of the conclusion of the contract is outside the European Union.

  1. Jurisdiction If the Customer is acting as a merchant, a legal entity under public law, or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of the Seller. If the Customer has their registered office outside the territory of the Federal Republic of Germany, the Seller's registered office is the exclusive place of jurisdiction for all disputes arising from this contract, provided that the contract or claims arising from the contract can be attributed to the Customer's professional or commercial activity. In any case, however, the Seller is entitled to call the court at the Customer's place of business.

  2. Alternative Dispute Resolution 11.1 The European Commission provides a platform for online dispute resolution (ODR) which can be accessed at https://ec.europa.eu/consumers/odr. This platform serves as a point of entry for out-of-court resolutions of disputes arising from online sales or service contracts involving a consumer.

11.2 The Seller is neither obligated nor willing to participate in a dispute settlement procedure before a consumer arbitration board.