TERMS OF SERVICE
§ 1. General
Wearable Life Science GmbH (“WLS”), represented by Antonio Gatti-Balsarri (CEO).
Nuremberg District Court
Registration number: HRB 30554
(hereafter referred to as WLS)
Tel .: +49 (0) 69 79588-895
WLS operates an online store on https://www.antelope.de and its subpages. For all orders and for the conclusion of memberships via the online shop as well as deliveries and services on our part, only these general terms and conditions apply in the version applicable at the time of the order. We don’t accept deviating provisions, unless stated and agreed on otherwise in written form. The online store is designed for ordering products from ANTELOPE.CLUB by customers. Merchants are welcome to place orders, but the commercial resale of the purchased goods is prohibited.
§ 2 Right of revocation for consumers within the meaning of § 13 BGB
The revocation period is fourteen (14) days from the day on which the customer or a third party named by the customer, who is not the carrier, has or has taken possession of the last ordered item(s).
In order to exercise the right of withdrawal, the customer must inform us (Wearable Life Science GmbH, Dr.-Kurt-Schumacher-Str 30, 90402 Nuremberg, Germany, E-mail: firstname.lastname@example.org, Tel.: +49 (0) 69 79588-895) by means of a clear statement (eg conventional mail, or email) about the decision to cancel this contract. The customer can use the WLS cancellation form, which is, however, not required. The customer can electronically complete and submit the withdrawal form or any other unequivocal statement on our website https://www.antelope.de.
If the customer makes use of this option, WLS will promptly (for example by email) send a confirmation of the receipt of the revocation request. To execute the right of revocation it is required that the customer notify WLS before the 14-day deadline.
Consequences of the cancellation
If the consumer withdraws from this agreement, we will refund all payments we have received from the consumer, including delivery charges (except for the additional costs arising from choosing a different delivery method than the most favorable standard delivery we offer) at the latest within fourteen days from the date on which the notification of the revocation of this contract has reached us. For the repayment we will use the same means of payment as used in the original transaction, unless otherwise expressed by the consumer. The consumer will not be charged for the repayment fees. WLS may refuse repayment until we receive the item(s) back or until the consumer have provided proof that they have returned the item(s). The consumer has to send the item(s) back immediately and not later than fourteen (14) days from the date on which the consumer inform WLS of the revocation of the contract with WLS (Wearable Life Science GmbH, Niddastr. 64 60329 Frankfurt am Main). This clause is met when the consumer sends the item(s) before the deadline of fourteen (14) days. The consumer only has to pay for a possible loss in value of the Item(s), if this loss in value is due to handling the item(s) incorrectly and not necessary in line with the nature, characteristics and functioning of the item(s).
According to the law, the right of revocation does not apply to:
- Contracts for the supply of items which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are tailored to the clearly personal needs of a customer.
The right of revocation also expires with:
- Contracts for delivery of sealed items that are not suitable for return for reasons regarding health or hygiene if the seal has been removed after delivery.
§ 3 Prices, products and partial deliveries, partial revocation
- The products offered in the ANTELOPE online shop are presented in the form of digital photographs taken of the real existing items. Minor deviations between presentation and reality does not represent defects on the ordered item(s).
- Some of the presented products may not be available at the time of visiting the online shop. In rare cases, prices may change during the ordering process.
- The stated starting prices are shown in Euro and includes VAT and excludes shipping costs. Any additional costs for your order will be added to the total price during the ordering process.
- WLS is entitled to make partial deliveries.
- If, in accordance with § 2 of our Terms and Conditions, the customer is entitled to a right of withdrawal, the customer may also exercise this in part, to only return certain items in their order, as long as the respective items have their own article number. In such a case, the consumer will be reimbursed the delivery costs for the consignment only and to the extent that it was solely for the returned item(s). If the delivery costs would have been incurred even if the customer had only ordered the item(s) for which they have not exercised a right of withdrawal, the consumer will have to bear the delivery costs. Even with partial revocation, the delivery costs will not be refunded based if the customer has chosen a different type of delivery than the cheapest standard delivery offered by WLS.
§ 4 Conclusion of contract
- By submitting the order form in our online shop, you make a binding offer to conclude a contract for the ordered products with WLS (“Your contract”). You place the order if you send us the completed order form / membership form by pressing the button “Order / join now for a fee”. A contract between you and WLS takes place with the receipt of an acceptance by email within a reasonable period, if you should not receive them against expectations, with the timely delivery of the goods to you.
- Please note that you will receive a confirmation of receipt of your order / declaration of membership immediately after sending your order / declaration of your accession. This email is not an acceptance, but merely shows that we have received your order / explanation.
- WLS is entitled to refuse any order, especially if there is reason to suspect that the item(s) purchased through our online shop will be resold commercially.
§ 5 Storage of the contract text
The customer’s order data will be stored by WLS. The customer will receive an acknowledgment of receipt of the order including the cancellation/return policy, which can be printed or saved, via email.
§ 6 Delivery & Shipping
WLS ships its products via DHL.
Unless otherwise agreed, the delivery will be made within 2-5 working days to the delivery address specified by the consumer, depending on the choice of shipping method and place of delivery. (See list below) Due to unforeseeable events, such as a strike, there may be delays in delivery in exceptional cases.
- Location: Germany
- Type of Shipment: DHL
- Shipment Cost**: 9,50 EUR
- Duration between order and delivers: 3 – 5 workdays
- Location: EU
- Type of Shipment: DHL
- Shipment Cost**: 19,50 EUR
- Duration between order and delivers: 3 – 5 workdays
**For partial consignments, the shipping costs are charged only once.
§ 7 Payment, default
When paying for your order at WLS, you have the option to choose between the payment methods PayPal, Direct Debit Order and Credit Card, depending on the country of billing and delivery. We use Paypal’s service “Payment without PayPal account”, which is provided by PayPal (Europe) S.à r.l. et Cie, S.C.A. for online merchants. The PayPal (Europe) S.à r.l. et Cie, S.C.A. is licensed as a credit institution in Luxembourg and is supervised by the Commission de Surveillance du Secteur Financier.
The service enables online merchants to sell goods and services to people who do not have a PayPal account (hereinafter referred to as “consumer”). When PayPal receives money from the consumer, PayPal will issue a sum of e-money equal to the purchase price to the merchant. The e-money will be credited to the PayPal account of the online merchant as payment for the purchased goods or services.
PayPal will not automatically open a PayPal account for you when you conduct a transaction on our site. All payments and credits are settled in the currency underlying the purchase (EUR). The refund will be made in the same currency as the purchase. WLS assumes no liability for differences arising from exchange rate fluctuations. Any losses due to currency fluctuations will not be reimbursed.
Payment via Paypal
PayPal accepts payments up to a purchase price of max. 8,000 euros.
- In the order step ‘Payment method’, select PayPal.
- You will be automatically redirected to PayPal in the next step.
- If you are already a PayPal customer, you can log in there with your user data and confirm the payment.
- If you do not have a PayPal account, you can open a PayPal account and then confirm the payment.
- Close your order with us by clicking on ‘ORDER NOW PAYABLE’ in the last step.
- The goods are ready for dispatch on the day of the payment confirmation from PayPal or at the latest on the following working day and are put on the way.
Payment via credit card
- Select the option “Credit Card” in the check-out process.
- You first enter your credit card details in PayPal’s payment form for purchase with credit card.
- Please ensure that the cardholder is indicated as shown on the credit card. Please use only letters (a-z or A-Z) without special characters, numbers (0-9) or spaces.
- After successful credit card verification by the credit card company, the invoice amount is first authorized, i. Reserved on your credit card but not yet debited.
- The processing of your order takes place within the delivery time specified under § 6
- The booking of the payment takes place with dispatch of the commodity.
We accept the following Credit Cards:
Refunds: Refunds from returns will be returned to your Credit Card.
Payment via Direct debit
Enter your bank details in the input mask of PayPal.
Refunds: Refunds from returns will be returned to your bank account.
§ 8 Retention of title / right of retention / payment
- The delivered items are subject to retention of title by WLS until full payment.
- If you are a merchant, you have a right of retention or refusal of performance only in the case of final and undisputed counterclaims.
- There is a maximum limit up to which the purchase on account is possible. This limit applies to the entire customer account and also takes into account outstanding amounts from previous orders with payment on account. WLS reserves the right, in particular in cases in which open invoices are already in the dunning process at the time the order is received, to demand a prepayment amounting to the order value. The order will be handled after payment is received.
§ 9 Warranty / Guarantee / Liability Reduction
- For all ordered items the legal warranty right applies.
- So far as WLS assumes a warranty for certain characteristics of the items or for services by giving any information on the items, WLS shall be liable for this regardless of fault in accordance with the statutory provisions. Legal deviations in favor of the customer only exist here as far as specifically noted in the respective items.
- WLS is fully liable for intentional and grossly negligent behavior.
- WLS is liable for slight negligence only if essential contractual obligations are violated. Essential contractual obligations are those obligations that the contract has to grant to the customer according to its purpose and the purpose fulfillment which makes the proper execution of the contract possible in the first place and on the compliance with which the consumer can regularly rely. Such liability is also limited to the damage foreseeable at the time of conclusion of the contract and typical for the contract.
- The limitations or exclusions of liability according to the above paragraphs (3) and (4) do not apply to the legally prescribed no-fault liability of WLS or liability arising from a contractually assumed warranty or in the case of injury to life, limb or health.
- As far as the liability of WLS is excluded or limited, this also applies to the personal liability of their legal representatives and vicarious agents. The limitations of liability also apply to all types of claims, including those arising from tort law.
§ 10 Copyright
All rights to images, films and texts published on our online shop are owned by us or our partners. Any use, duplication, processing or storage without explicit consent or without legal authorization is not permitted.
§ 11 Final provisions
- German law applies, excluding the UN sales law.
- This choice of law does not apply if it would lead to the consumer being deprived of the protection granted to the EU member state in which he has his habitual residence. In this case, the law of the state in which the consumer has his habitual residence shall apply.
- The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at http://ec.europa.eu/odr/. We are not willing or obliged to participate in a dispute settlement procedure in front of a consumer arbitration board.
- Should one or more provisions be invalid, this shall not affect the validity of the remaining provisions.
- These general terms and conditions are available exclusively in Germany. A contract can only be made in Germany.