Exchange points for discounts
§ 1 Scope of Application; Contract Language
§ 2 Applicable Law; Mandatory Consumer Protection Regulations
§ 3 Preparation of the Agreement
(1) The display of goods and services in our online shop shall not constitute a legally binding offer but a request for the placement of an order (invitatio ad offerendum).
§ 4 Technical Steps before Signing the Agreement and Correction of Input Errors
During the order process you first of all place the requested items into the shopping cart. You may subsequently change the requested number of items at any time or remove selected items altogether. If you have placed merchandise into the cart, and after clicking the "Continue" button, you will arrive at a page in which you can enter your data and then select the shipment and payment options. Finally, a summary page will open up where you can double-check your information. You can correct input errors (e.g. concerning the type of payment, dates, or the requested number of items) by clicking on the respective "Change" button. If you wish to abort the order process, simply close your browser window. Otherwise, after clicking the confirmation button "Purchase", your declaration will be binding within the meaning of § 3 para. 2 of these GTC.
§ 5 Storage of the Contract Text
The contract clauses with information about the ordered goods and reserved services including these General Terms and Conditions and our cancellation policy will be sent to you by email upon the acceptance of the contract offer or the confirmation thereof. We do not store the contract clauses.
§ 6 Registration with Our Online Shop; Processing of your Personal Data
(1) You may place orders for our online shop merchandise as a guest or as a registered user. As registered user you do not have to input your personal data every time but simply log into your customer account before or during the order process with your email address and the password that you freely chose during registration. The registration alone does not create any purchase obligation for the goods offered by us.
§ 7 Payment Terms
§ 8 Retention of Title
The merchandise shall remain our property until full payment is received by us.
§ 9 Terms of Delivery; Customs Duties
(1) We ship the merchandise according to the agreements signed by you during the order process. The shipping costs are listed in the product description and shown by us separately on the invoice.
§ 10 Right of Withdrawal
As a consumer you have a right of withdrawal in accordance with the information reproduced below. A consumer is any natural person entering into a legal transaction for purposes that cannot be attributed either to its commercial or independent professional work. Below is a literal reproduction of the cancellation policy as mandated by law.
CANCELLATION POLICY
RIGHT OF WITHDRAWAL
You have the right to withdraw from this agreement within fourteen days for any reason.
The withdrawal period shall be fourteen days from the day on which you or a third party designated by you that is not a shipper take possession of the goods.
In case of an agreement on a standing order for the supply of goods or services over a specified period, the withdrawal period shall be fourteen days from the day on which you or a third party designated by you that is not a shipper take possession of the goods.
In order to exercise your right of withdrawal, you must notify us (Women’s Best GmbH, Römerstraße 18, 6065 Thaur, e-mail: support@womensbest.com) of your decision to withdraw from this agreement by means of an unambiguous declaration (e.g. letter sent by regular mail or e-mail). You may use the attached sample withdrawal form or alternatively send a clear statement via our contact page https://www.womensbest.com/pages/contact. If you make use of this option, we will immediately send you (e.g. per e-mail) a confirmation of receipt of withdrawal.
For compliance with the withdrawal deadline it is sufficient for you to mail the notification regarding the exercise of the right of withdrawal before the expiration of the withdrawal period.
CONSEQUENCES OF WITHDRAWAL
If you withdraw from this agreement, we must return all payments that we received from you, including any delivery costs (with the exception of extra costs incurred in connection with your choosing a type of shipment other than the most favorable standard shipping method offered by us) to you immediately and at the latest within fourteen days from the date on which we received notice regarding your withdrawal from this agreement. For this refund we will use the same payment means used by you in the original transaction unless explicitly agreed to with you otherwise; you will not owe any fees in connection with this refund.
We may refuse a refund until we are in possession of the returned goods or until you are able to prove that you have returned the goods, whichever is the earlier date.
You must return the goods to us immediately and in any event at the latest within 14 days from the date on which you inform us about your withdrawal from this agreement. You are in compliance with this deadline if you send the goods before the expiration of the 14-day grace period.
You are responsible for the direct costs of the return of the goods.
You are however responsible for any depreciation of the goods only if the loss in value is due to the fact that you handled the goods in a way that was not necessary for checking the quality, properties, and functionalities of the goods.
ADDITIONAL INFORMATION
If you return merchandise, please use the original packaging if still available.
Withdrawal Form Sample
(If you withdraw from the agreement, please complete this form, and return it to us)
To Women’s Best GmbH, Römerstraße 18, 6065 Thaur, Austria, e-mail: support@womensbest.com
I/we (*) hereby withdraw from the agreement signed by us/me (*) for the purchase of the goods (*) / the provision of the following services (*)
- ordered on: (*) / received on (*)
- Name of costumer(s)
- Address of customer(s)
- Signature of customer(s)
- (only in case of notification by letter)
- Date
(*) Strike what does not apply
§ 11 Warranty for the Purchase of Merchandise
(1) If the goods purchased and delivered in our online store are defective, you are entitled to demand supplementary performance, withdraw from the contract or reduce the purchase price (so-called warranty rights) within the framework of the statutory provisions. You are entitled to these warranty rights if the defects to the goods already existed at the time of delivery to you. In the case of defects that become apparent within a period of one year after receipt of the goods, we shall assume that these defects already existed at the time of delivery to you. In the case of defects that become apparent after expiration of one year from receipt of the goods and before expiration of the limitation period (see paragraph 2), you are entitled to the warranty rights if you can establish to us that these defects already existed at the time of delivery to you.
(2) The limitations period for warranty claims for the supplied merchandise is two years from the receipt of the merchandise. Claims for defects that we fraudulently concealed fall under the statute of limitations within the statutory limitations period.
(3) You have rights due to defects also in the context of a quality or shelf-life warranty if we explicitly and specifically issued such warranty for the sold merchandise.
§ 12 Disclaimer
(1) We are legally liable in case of premeditated malice and gross negligence. Furthermore we are liable in case of a negligent breach of obligations whose fulfillment makes the proper performance of the agreement possible in the first place, the breach of which jeopardizes the execution of the contractual purpose and on the fulfillment of which you as a customer can normally rely. In the latter case we shall however be liable only for predictable contract-typical damages. The same shall apply to any breaches of duty on the part of our vicarious agents.
§ 13 Online Arbitration and Alternative Dispute Resolution; Severability Clause
(1) The European Commission offers a platform for online dispute resolution (OS) http://ec.europa.eu/consumers/odr/.
Status of the General Terms and Conditions: December 30, 2022
§ 15 Subscription Terms
(1) During the ordering process described in § 3, you have the option to purchase selected products as a subscription (hereinafter referred to as the "Subscription Agreement"). The subject of the Subscription Agreement is the recurring delivery of the products ordered under the subscription at the delivery interval selected by you. The Subscription Agreement is concluded for an indefinite period.
(2) The Subscription Agreement is concluded in accordance with § 3 when we accept your offer or dispatch the goods to you.
(3) Subscription deliveries begin on the date of the first delivery as confirmed in our order confirmation or shipping confirmation. After the first delivery, all subsequent deliveries will be made automatically at the delivery interval you selected. 3 days before each subscription shipment, you will receive an email containing the details of your subscription as well as a shipping notification ("Shipping Notification"). You will also receive a shipping confirmation email once your product has been dispatched. If the scheduled shipping date falls on a Sunday or public holiday, the shipment will be dispatched on the following business day. In all other respects, the delivery terms set out in § 9 shall apply.
(4) Deliveries will continue at your selected delivery interval until the subscription is terminated by you or by us in accordance with these provisions.
(5) If the product is temporarily unavailable on the scheduled delivery date through no fault of our own, we shall be entitled to suspend our obligation to deliver for the affected delivery period. We will inform you without undue delay by email of the unavailability and the expected period of delay. For the affected delivery period, you will simultaneously be released from your obligation to pay the purchase price, and your subscription will be paused automatically. You may cancel your subscription using the "Cancel Subscription" option; paragraph 8 shall apply accordingly. Any amounts already charged for the affected delivery period will be refunded promptly using the payment method you originally used. Instead of suspending the delivery, you may choose an alternative product and switch your subscription to another subscription product available in our shop. By selecting the "Change Subscription" option in the email, you will be redirected to our shop, where you can independently choose an alternative product. Alternatively, you may contact our Customer Support (support@womensbest.com), who can make the change on your behalf. An alternative product will only be delivered if you switch your subscription. If you switch your subscription, you will be charged the price of the selected alternative product. If the alternative product is less expensive, we will refund the difference between the amount already paid and the price of the alternative product. If the alternative product is more expensive, it will only be delivered after you have expressly agreed to the additional charge. Your statutory rights remain unaffected.
(6) For each subscription delivery, the price of the respective product (including VAT, where applicable) will be charged. Each subscription delivery will be charged separately using your selected payment method in accordance with § 7 on the day the Shipping Notification is sent. Any applicable shipping costs will be charged separately for each individual delivery.
(7) We are entitled to adjust the price of products supplied under the subscription at any time if the overall costs change. Relevant cost factors include, in particular, procurement and manufacturing costs (e.g., increased costs for raw materials or packaging) and logistics and shipping costs, as well as statutory charges (e.g., VAT). Price adjustments may include both price increases where overall costs have increased and price reductions where overall costs have decreased. Any price adjustment shall not exceed the extent of the corresponding cost change. We will notify you of any price adjustment by email at least four weeks before it takes effect. If you do not agree with the price adjustment, you may terminate the Subscription Agreement at any time with effect from the date on which the price adjustment becomes effective.
(8) You may terminate the Subscription Agreement at any time with effect for the future. To avoid the next scheduled delivery, we must receive your notice of termination no later than one day before the Shipping Notification is sent. You may cancel your subscription through your customer account or by email to Customer Support (support@womensbest.com). You will receive a confirmation by email. Refusing to accept a delivery shall not constitute a termination of the Subscription Agreement. In addition, you may change, modify, or pause your Subscription Agreement at any time through MY ACCOUNT.
(9) The right to terminate the Subscription Agreement for good cause remains unaffected. We may terminate the Subscription Agreement for good cause, including if, in particular, you suspend your payments and/or are in default with payment of the subscription price, or a substantial part thereof, for two consecutive months. In the event of extraordinary termination by us, we expressly reserve the right to claim damages and to recover any bonuses, discounts, rewards, or similar benefits previously granted.
(10) Subscription Agreements are subject to the statutory right of withdrawal in accordance with § 10.
(11) In all other respects, the provisions of these General Terms and Conditions shall apply.
Free Accessory Offer
The free accessory offer is available with a minimum spend of $200*. Customers must select their complimentary item at checkout. The offer is valid while stocks last and cannot be added after purchase. To qualify for a full refund in the event of a return, all items, including the free accessory, must be returned if the value of the paid items kept is below the minimum spending requirement of the offer. This offer may be withdrawn at any time.
