erms & Conditions
Article 1 – Definitions
In these Terms & Conditions, the following definitions apply:
Cooling-off period: the period during which the consumer may exercise the right of withdrawal;
Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
Day: calendar day;
Extended transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information;
Right of withdrawal: the possibility for the consumer to cancel the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: an agreement whereby, within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, exclusive use is made of one or more means of distance communication up to and including the conclusion of the contract;
Means of distance communication: means that can be used for concluding a contract without the consumer and entrepreneur being together in the same room at the same time;
General Terms & Conditions: the present General Terms & Conditions of the entrepreneur.
Article 2 – Identity of the Entrepreneur
Email address: support@wearbreeze.co
Article 3 – Applicability
These General Terms & Conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these General Terms & Conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the conclusion of the distance contract that the General Terms & Conditions can be inspected at the entrepreneur’s premises and will be sent free of charge to the consumer upon request as soon as possible.
If the distance contract is concluded electronically, the text of these General Terms & Conditions may be made available electronically in such a way that the consumer can easily store them on a durable data carrier.
If, in addition to these General Terms & Conditions, specific product or service conditions apply, the consumer may always invoke the applicable provision most favorable to them in the event of conflicting conditions.
If one or more provisions of these General Terms & Conditions are wholly or partially invalid or void, the agreement and remaining provisions shall remain in force. The invalid provision shall be replaced by a provision that reflects the original intent as closely as possible.
Situations not covered by these Terms & Conditions shall be assessed in the spirit of these Terms & Conditions.
Uncertainties regarding the interpretation or content of one or more provisions shall also be interpreted in the spirit of these Terms & Conditions.
Article 4 – The Offer
If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
The offer is non-binding. The entrepreneur is entitled to modify and adjust the offer.
The offer contains a complete and accurate description of the products and/or services offered. Descriptions are sufficiently detailed to allow proper assessment by the consumer.
Images used by the entrepreneur are a truthful representation of the offered products and/or services. Obvious errors or mistakes in the offer are not binding on the entrepreneur.
All images and specifications are indicative and cannot lead to compensation or dissolution of the agreement.
Product images are intended as a true representation of the products offered. The entrepreneur cannot guarantee that displayed colors exactly match the actual product colors.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to acceptance of the offer, including in particular:
- the price, excluding customs clearance costs and import VAT;
- any shipping costs;
- the method by which the agreement will be concluded;
- whether or not the right of withdrawal applies;
- the method of payment, delivery, and execution;
- the period for acceptance of the offer;
- the rate for distance communication if applicable;
- whether the agreement is archived after conclusion and how it can be accessed;
- how the consumer can verify and correct provided information;
- other languages in which the agreement may be concluded;
- codes of conduct to which the entrepreneur is subject;
- the minimum duration of the distance contract in the case of an extended transaction.
Optional: available sizes, colors, and material types.
Article 5 – The Agreement
Subject to paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and fulfills the associated conditions.
If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt electronically. Until receipt has been confirmed, the consumer may dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment.
The entrepreneur may, within legal frameworks, assess whether the consumer can meet payment obligations and may refuse an order or attach special conditions if there are valid reasons.
The entrepreneur shall provide the consumer with the following information in writing or on a durable medium:
- the business address where complaints may be submitted;
- the conditions and procedure for exercising the right of withdrawal;
- information regarding guarantees and after-sales service;
- the information referred to in Article 4;
- termination requirements for contracts longer than one year or indefinite in duration.
For extended transactions, this provision applies only to the first delivery.
Each agreement is entered into under the suspensive condition of sufficient availability of the products concerned.
Article 6 – Right of Withdrawal
When purchasing products, the consumer has the option to dissolve the agreement without giving reasons within 14 days. This cooling-off period begins on the day after receipt of the product by the consumer or a representative designated in advance.
During the cooling-off period, the consumer shall handle the product and packaging carefully. The product may only be unpacked or used to the extent necessary to determine whether they wish to keep it.
If the consumer exercises the right of withdrawal, the product must be returned with all supplied accessories and, where reasonably possible, in its original condition and packaging, in accordance with the entrepreneur’s instructions.
The consumer must notify the entrepreneur in writing or by email within 14 days after receipt if they wish to exercise the right of withdrawal. After notification, the product must be returned within 14 days.
If the consumer has not indicated the wish to exercise the right of withdrawal or has not returned the product within the stated periods, the purchase becomes final.
Article 7 – Costs in Case of Withdrawal
If the consumer exercises the right of withdrawal, the costs of returning the products shall be borne by the consumer.
If the consumer has already paid an amount, the entrepreneur shall refund it as soon as possible and no later than 14 days after withdrawal, provided the goods have already been received or proof of return shipment has been provided.
Article 8 – Exclusion of the Right of Withdrawal
The entrepreneur may exclude the consumer’s right of withdrawal for products described below, provided this has been clearly stated in the offer before conclusion of the agreement.
Exclusion is only possible for products:
- made according to consumer specifications;
- clearly personal in nature;
- that cannot be returned by nature;
- that spoil or age quickly;
- whose price depends on fluctuations in the financial market;
- newspapers and magazines;
- audio/video recordings and software with broken seals;
- hygiene products with broken seals.
Exclusion is only possible for services:
- relating to accommodation, transport, restaurant services, or leisure activities on specific dates;
- where delivery began with the consumer’s express consent before the withdrawal period expired;
- related to betting and lotteries.
Article 9 – Pricing
Prices of offered products and/or services will not increase during the validity period stated in the offer, except for VAT changes.
Products or services subject to financial market fluctuations may have variable prices.
Price increases within 3 months after conclusion of the agreement are only permitted if based on legal regulations.
Price increases after 3 months are only permitted if:
- they result from statutory regulations; or
- the consumer may terminate the agreement effective from the date the increase takes effect.
All prices are subject to printing and typographical errors. No liability is accepted for such errors.
Article 10 – Conformity and Warranty
The entrepreneur guarantees that products and/or services comply with the agreement, specifications stated in the offer, reasonable requirements of reliability and usability, and applicable legal provisions.
Any defects or incorrectly delivered products must be reported in writing within 14 days after delivery. Products must be returned in original packaging and in new condition.
The entrepreneur’s warranty period corresponds to the manufacturer’s warranty period. However, the entrepreneur is never responsible for the ultimate suitability of products for each individual application.
The warranty does not apply if:
- the consumer repaired or modified the products themselves;
- products were exposed to abnormal conditions or mishandled;
- defects result from government regulations regarding materials used.
Article 11 – Delivery and Execution
The entrepreneur shall exercise the greatest possible care when receiving and executing orders.
Orders will be executed promptly and no later than 30 days unless a longer delivery period has been agreed.
If delivery is delayed or an order cannot be fulfilled, the consumer will be informed within 30 days and may terminate the agreement free of charge.
In case of dissolution, the entrepreneur shall refund amounts paid within 14 days.
If delivery of a product proves impossible, the entrepreneur will attempt to provide a replacement item. The consumer will be informed clearly at delivery that a replacement item is being supplied.
Risk of damage or loss remains with the entrepreneur until delivery to the consumer or designated representative.
Article 12 – Extended Transactions: Duration, Termination, and Renewal
Termination
The consumer may terminate an indefinite agreement relating to regular delivery of products or services at any time with a notice period of up to one month.
Fixed-term agreements for regular delivery may be terminated at the end of the term with a notice period of up to one month.
The consumer may always:
- terminate agreements at any time;
- terminate them in the same way they were entered into;
- terminate with the same notice period applicable to the entrepreneur.
Renewal
Fixed-term agreements may not be automatically renewed for a fixed duration, except for subscriptions to newspapers and magazines for up to three months.
Agreements for regular delivery may only be renewed indefinitely if the consumer can terminate them at any time with up to one month’s notice.
Trial subscriptions automatically end after the trial period.
Duration
If an agreement lasts more than one year, the consumer may terminate it after one year with up to one month’s notice unless fairness dictates otherwise.
Article 13 – Payment
Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the cooling-off period begins.
The consumer is obliged to report inaccuracies in payment details immediately.
In the event of non-payment, the entrepreneur may charge reasonable costs made known in advance.
Article 14 – Complaints Procedure
Complaints regarding execution of the agreement must be submitted fully and clearly within 7 days after the consumer discovers the defects.
Complaints submitted to the entrepreneur will be answered within 14 days.
If a complaint requires longer processing, the entrepreneur will provide confirmation and an estimated response time.
If a complaint cannot be resolved amicably, a dispute arises that is subject to dispute resolution procedures.
A complaint does not suspend the entrepreneur’s obligations unless otherwise stated in writing.
If a complaint is deemed justified, the entrepreneur shall replace or repair the products free of charge.
Article 15 – Disputes
Agreements between the entrepreneur and the consumer governed by these General Terms & Conditions are exclusively subject to the laws of the United Kingdom, even if the consumer resides abroad.
