1. Scope and Application
(1) The General Terms and Conditions of Business (hereinafter referred to as "T&Cs") govern the sale of products and services by Wellicious GmbH on its website wellicious.com (hereinafter referred to as "Wellicious") to you, in the version valid at the time of the order.
(2) Any deviating or contradictory terms and conditions of the customer are rejected.
(3) Please read these terms carefully before placing an order with Wellicious. By placing an order with Wellicious, you agree to the application of these T&Cs to your order.
(4) We offer for sale the following products on Wellicious:
Premium Eco Cotton, Cradle to Cradle, Compostable Yoga Fashion & Yoga Accessories.
2. Conclusion of the Contract
(1) Contracts on wellicious.com can only be concluded in German and English. You can select your preferred language via the language selection at the top of the website header.
(2) Your contractual partner when you place an order is:
(3) The offers are directed exclusively to customers with an invoice and delivery address in:
EU, United Kingdom, & The Rest of the World
(4) The customer must be at least 18 years of age.
(5) The presentation of the goods in the online shop does not constitute a legally binding offer. The presentation of the goods is merely an invitation for the customer to make an offer to buy said goods.
(6) When you place an order, it constitutes an offer to Wellicious to conclude a purchase contract. The customer makes a binding offer when he/she has gone through the online ordering process by entering the information requested there and clicks the "Place your Order and Pay" button in the last ordering step.
(7) The contract between Wellicious and the customer is only concluded by a declaration of acceptance by Wellicious. The contract is concluded Wellicious either dispatches the goods or sends a confirmation of dispatch by e-mail. Please note that any communication that confirms the receipt of your order does not constitute a declaration of acceptance in the aforementioned sense.
(8) The validity of contracts for larger than normal household quantities as well as the commercial resale of the goods requires Wellicious’ prior express confirmation. This applies regardless of whether products ordered as part of one single large order or fragmented into several orders for the same product where the individual orders may comprise a quantity customary for an individual/household.
(9) Your orders will be stored by us after the conclusion of the contract. If you lose your records relating to your orders, please contact us by email or telephone. We will send you a copy of the order data.
(10) You agree to receive invoices electronically. Electronic invoices will be made available to you by email or in the customer account on the website. We will inform you whether an electronic invoice is available for each delivery in the Dispatch Confirmation. For more information about electronic invoices, please visit our website.
3. Prices and Shipping Costs
(1) The prices at the time of the order apply. Our prices include the applicable statutory value-added tax and do not include a flat rate or surcharge for shipping costs. The shipping surcharges vary depending on the type of delivery you choose and delivery address or country, and will be calculated at the time of checkout .
(2) Despite our best efforts, a small number of products on our website may be priced incorrectly. We check prices when we process your order. If a product is incorrectly priced and the correct price is higher than the price on the website, we will contact you before dispatching the goods to ask if you wish to purchase the product at the correct price or cancel the order. If the correct price of a product is lower than the price we have quoted, we will charge the lower amount and dispatch the product to you.
4. Delivery and Cancellation
(1) Unless otherwise agreed, delivery will be made to the delivery address provided by the customer. On the website you will find information on the availability of products sold by Wellicious (e.g. on the respective product detail page). We would like to point out that all information on the availability, dispatch or delivery of a product are approximate guidelines. They do not represent binding or guaranteed shipping or delivery dates, unless this is expressly designated as such in the shipping options of the respective product.
(2) If Wellicious discovers during the processing of your order that products ordered by you are not available, you will be informed separately by e-mail or by a message in your customer account. The legal claims of the customer remain unaffected.
(3) If a delivery to the customer is not possible because the delivered goods do not fit through the customer’s entrance door, front door or staircase or because the customer cannot be found at the delivery address given by him, although the delivery date was announced to the customer with reasonable advance notice, the customer shall bear the costs for the unsuccessful delivery.
(4) Delivery shall be made after conclusion of the contract.
(5) If your order is shipped in more than one package, you may receive a separate shipping confirmation for each package. In this case, a separate purchase contract is concluded between us with regard to each shipping confirmation for the products listed in the respective shipping confirmation. The contractual partner is Wellicious GmbH (see § 2 above). Notwithstanding your right of cancellation, you may cancel your order for a product free of charge at any time before we send you the relevant dispatch confirmation.
(1) If you order products from Wellicious for delivery outside the European Union, you may be subject to import duties and taxes which will be levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges. Customs regulations vary widely from country to country, so you should contact your local customs authority for more information.
(2) Furthermore, please note that when ordering from Wellicious, you are considered the importer and must comply with all laws and regulations of the country in which you receive the products. The protection of your data is important to us and we would like to make our international customers aware that cross-border deliveries are subject to opening and inspection by customs authorities.
(1) Wellicious offers customers the following methods of payment:
- Credit card (Amex, Visa and Mastercard
- Google Pay
- Apple Pay
- Shop Pay
- Gift Card
- instant bank transfer
(2) Certain payment methods can be excluded by Wellicious in individual cases.
(3) The customer is not permitted to pay for the goods by sending cash or cheques.
(4) Should the customer choose an online payment method, the customer thereby authorises Wellicious to collect the amounts due at the time he places the order.
(5) If Wellicious offers payment by credit card and the customer chooses this methos of payment, the customer expressly authorises Wellicious to collect the amounts due after dispatch of the (entire) goods or the respective amounts due for partial deliveries of goods.
(6) If the customer defaults on payment, Wellicious reserves the right to claim damages for default.
7. Promotional Vouchers
(1) Promotional vouchers are vouchers which cannot be purchased but which Wellicious issues as part of promotional campaigns with a limited period of validity.
(2) General conditions for promotional vouchers are as follows:
- these can only be redeemed during the specified period and only once in a single transaction.
- individual items may be excluded from the promotional voucher campaign
- promotional vouchers cannot be used for the purchase of gift vouchers.
- promotional vouchers may be subject to a minimum order value.
- the value of a promotional voucher will neither paid out in cash nor does it accrue interest.
- the value of the promotional voucher will not be refunded or credited to your account if goods are returned in whole or in part.
- cannot be transferred to third parties.
- several promotional vouchers cannot be combined with each other, unless expressly permitted by Wellicious.
(3) The value of the goods must be at least equal to the amount of the promotional voucher. The customer must pay for the difference in value by using one of the payment options offered. In the case of returns, only the difference in value of goods that has actually been paid for will be refunded.
(4) Promotional vouchers can only be redeemed before the order process is completed. We regret that we cannot retrospectively apply the value of the voucher to your completed order.
(5) If you have used a promotional voucher when making your purchase, we reserve the right to charge you the original price of the goods you choose to keep, if - as a result of your cancellation - the total value of the order falls below or equals the relevant value of the promotional voucher.
8. Gift Vouchers
Wellicious gift vouchers are vouchers available for purchase. Please note that the validity of gift vouchers is limited to 12 months (validity-period). They can only be redeemed for the purchase of Wellicious products and not for the purchase of further gift vouchers. If the face value of a gift voucher is insufficient fo to pay for the order, the difference can be made up using the payment options offered.
Gift vouchers and credit balances can only be redeemed before the order process is completed. The credit balance of a gift voucher is neither paid out in cash nor does it earn interest.
9. Offsetting and Right of Retention
(1) The customer only has the right to offset if his counterclaim where such claim has been adjudicated finally, or the claim has not been disputed by Wellicious.
(2) The customer can only exercise a right of retention insofar as their counterclaim stems from the same contractual relationship.
10. Retention of Title
Wellicious retains ownership of the goods until payment has been made in full.
11. Damage in transit
(1) Should the customer receive the goods with obvious transport damage, Wellicious requests that the customer file a complaint/communicate the details immediately.
(2) A failure to make a complaint will not prejudice the customer’s legal warranty rights. The purpose of the complaint is to enable Wellicious to assert its own claims against the carrier.
12. Right of defect
(1) If the customer falls within the definition of a ‘consumer’ within the legal defintion, the warranty and liability for defects of the delivered object of purchase shall be governed by the statutory provisions: Accordingly, in addition to your rights of return, customers in the European Union have warranty rights for a period of two years from the date of delivery of the goods and may demand the repair or replacement of products purchased from Wellicious if they prove to be defective or not as described. If the goods cannot be repaired or replaced within a reasonable time or without difficulty, you may request a refund or reduction of the purchase price.
(2) In the case of used goods, the warranty period may be shorter than two years.
(3) If the customer is not a consumer, the defect shall be remedied by new delivery or new performance.
(4) If the customer is not a consumer, the limitation period shall be one year. This shall apply insofar as no claims for damages and reimbursement of expenses are asserted which relate to compensation for damage to body and health or to intent or gross negligence.
13. Limitation of liability (products)
(1) Wellicious is liable for claims for damages of the customer resulting from injury to life, body, health or from the violation of essential contractual obligations, as well as for other damages based on its intentional or grossly negligent breach of the duty of care, by one of the legal representatives or vicarious agents of Wellicious.
(2) Essential contractual obligations are obligations whose fulfilment is necessary to achieve the objective of the contract.
(3) Wellicious shall be liable for breaches of material contractual obligations based on foreseeable damage typical for the contract, provided that the damage was caused by simple negligence. This limitation does not apply to claims for damages by the client based on injury to life, limb or health.
(4) The provisions of the Product Liability Act (Produkthaftungsgesetz)shall remain unaffected.
(5) Insofar as the liability of Wellicious is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
14. Cancellation Policy
(1) If the customer is a consumer, he has a right of withdrawal in accordance with the following provisions:
(2) Right of Withdrawal
You have the right to revoke 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, who is not the carrier, has taken possession of the goods (or the last goods, part consignment or piece in the case of a contract for several goods of a uniform order or the delivery of goods in several part consignments or pieces) without giving reasons.
To exercise your right of withdrawal, you must send us:
by means of a clear declaration (e.g. a letter sent by post, fax, or e-mail) of your decision to withdraw from your contract. You can use the cancellation form provided in these T&Cs or send us any another clear declaration. If you make use of this option, we will send you confirmation of receipt of such withdrawal without delay (e.g. by e-mail).
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of your right of withdrawal before the expiry of the period set out, and that you have returned the goods via our online returns service within the period defined.
(3) Consequences of Withdrawal
If you withdraw from your contract, we shall reimburse you all payments we have received from you, including the delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within 14 days from the day on which we received the notification of your withdrawal of this contract. We will use the same means of payment that you used for the original transaction for refunds, unless expressly agreed otherwise with you; in no case will you be charged any fees with regard to your refund.
We may refuse a refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return the goods without delay, and in any event no later than 14 days from the day on which you notify us of your withdrawal from the contract, to
℅ GECCO GmbH
Gewerbering South 2
or to hand it over in person. The deadline is met if you send the goods before the expiry of the period of 14 days. You shall bear the direct costs of returning the goods.
(4) Exceptions to the right of withdrawal
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.
The right of withdrawal does not exist or expires for the following contracts:
- for the delivery of goods which are not suitable for return for reasons of health protection or hygiene and whose seal has been removed after delivery or which have been inseparably mixed with other goods after delivery due to their nature; and
- for the delivery of goods that are manufactured according to customer specifications or clearly tailored to personal needs (customized)
Proforma Withdrawal Form
(If you wish to withdraw from your contract, please complete this form and return it to us)
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/ (*).
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
(*) Delete where inapplicable
End of the cancellation policy
15. Exclusion of the Right of Withdrawal
(1) The right of withdrawal does not apply to contracts
- for the delivery of goods which are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored and customized to the personal needs of the consumer;
- for the delivery of goods that can spoil quickly or whose expiry date would be quickly exceeded;
(2) The right of withdrawal expires prematurely in the case of contracts for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
We will automatically arrange for any refunds to be made to the account you used for payment. If you have paid by Paypal or credit card, the refund will be made to the respective Paypal or credit card account. If you have used a gift voucher with your purchase, we will credit your gift voucher account with the relevant amount (the validity of the originally issued gift voucher will prevail).
18. Jurisdiction and applicable law
(1) The law of the Federal Republic of Germany shall apply exclusively to disagreements and disputes arising from this contract, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
(2) The sole place of jurisdiction for orders placed by merchants, legal entities under public law or special funds under public law is that of the registered office of Wellicious.
19. Final provisions
(2) We do not offer products or services for purchase by minors. Our products for children can only be purchased by adults. If you are under 18, you may only use Wellicious with the involvement of a parent or guardian.
(3) If you breach these T&Cs and we do nothing about it, we will still be entitled to exercise our rights on any other occasion on which you breach these T&Cs..
(4) We reserve the right to make changes to our website, policies, terms and conditions including these T&Cs at any time. Your order will be subject to the terms of sale, terms of agreement and terms and conditions in force at the time you place your order, unless a change to these terms is required by law or government order (in which case they will also apply to orders you have previously placed). If any provision of these T&Cs is invalid, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
(5) The invalidity of any provision shall not affect the validity of the other provisions under the contract. Should this occur, the provision shall be replaced according to meaning and purpose by another legally permissible provision which corresponds to the meaning and purpose of the invalid provision.