GENERAL TERMS AND CONDITIONS OF SALE AND DELIVERY OF WECARE+ GMBH FOR CONTRACTS WITH CONSUMERS FOR TECHNICAL DEVICES

§ 1 General, scope

These General Terms and Conditions of Sale apply to all business relationships between WeCare+ GmbH (hereinafter "heilys") and its customers (hereinafter "Customer"). They apply only if the Customer is a consumer. A consumer is any natural person who places an order for purposes that are predominantly outside their trade, business or self-employed profession. A trader is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of their trade, business or self-employed profession.

These terms apply in particular to contracts for the sale and/or delivery of movable goods (hereinafter "Goods"), regardless of whether heilys manufactures the Goods itself or purchases them from suppliers. The terms of heilys apply exclusively. Deviating, conflicting or supplementary terms of the Customer do not become part of the contract.

Legally relevant declarations and notices that the Customer must make to heilys before or after conclusion of the contract (e.g. setting deadlines, notification of defects, withdrawal or price reduction) must be made in text form (e.g. letter or e-mail).

§ 2 Conclusion of contract

The presentation of products in the heilys online shop does not constitute a legally binding offer, but an invitation to place an order.

In the online shop operated by heilys, the Customer can select products and collect them in a shopping cart using the "Add to cart" button. By clicking the "Order with obligation to pay" button (or an equivalent wording at checkout), the Customer submits a binding offer to purchase the goods in the shopping cart. Before submitting the order, the Customer can review and change the entered data at any time. The order can only be submitted if the Customer accepts these terms and our privacy policy at checkout.

heilys then sends an automatic confirmation of receipt by e-mail. This confirmation does not yet constitute acceptance of the Customer's offer. The purchase contract is only concluded when heilys expressly accepts the offer in a separate e-mail (order confirmation) or ships the Goods to the Customer. In this e-mail or a separate e-mail, but no later than upon delivery of the Goods, heilys will send the Customer the contract text (consisting of the order, these terms and the order confirmation) on a durable medium (e-mail or printout). The contract text is stored in compliance with data protection requirements.

The contract is concluded in English. A German version of these terms is available at heilys.de.

For deliveries to Switzerland, the purchase contract is concluded between the buyer and MeinEinkauf AG, St. Gallen (CHE-331.561.017 MWST). MeinEinkauf AG also handles customs clearance, invoicing and delivery in Switzerland. This service is included in the purchase price and any shipping costs charged. For reasons of transparency, we inform you that MeinEinkauf GmbH in Konstanz, Germany (DE285677365) is also involved in the supply chain. This does not result in any additional costs for the buyer.

§ 3 Delivery area, delivery time and delay

heilys delivers only to customers whose habitual residence (billing address) is in a member state of the European Union, in Switzerland or in the United Kingdom, and who can provide a delivery address in the same country.

The delivery time is stated in the online shop or agreed individually. The stated delivery time is subject to timely and correct supply to heilys by its own suppliers.

If heilys cannot meet a delivery time due to force majeure or other circumstances for which heilys is not responsible (in particular war, epidemics, pandemics, civil unrest, earthquakes, floods or other natural disasters, strikes, or measures taken by civil or military authorities), the delivery time is extended by the duration of such events. heilys will inform the Customer of any delay without undue delay and state the expected new delivery time. If the Goods are not available within the new delivery time either, heilys is entitled to withdraw from the contract in whole or in part; any payment already made by the Customer will be refunded without undue delay.

Default in delivery is determined by the statutory provisions.

§ 4 Delivery and passing of risk

Goods are delivered to the delivery address specified by the Customer. heilys may choose the shipping method and is entitled to make partial deliveries to a reasonable extent; additional shipping costs for partial deliveries are borne by heilys.

The risk of accidental loss and accidental deterioration of the Goods passes to the Customer when the Goods are handed over to the Customer or to a person authorised by the Customer to receive them.

§ 5 Prices and payment

All prices stated in the online shop include the applicable statutory value added tax. Shipping within the European Union, to Switzerland and within the United Kingdom is free of charge unless stated otherwise in the online shop. If customs duties or other import charges apply to a delivery, we will inform you before you place your order.

The Customer can pay using the payment methods offered at checkout (for example credit card, PayPal or Klarna).

Unless otherwise agreed, the purchase price is due for payment within fourteen days of invoicing and delivery of the Goods. If the Customer does not pay within this period, they are in default. During default, the purchase price bears interest at the applicable statutory default interest rate. heilys reserves the right to claim further damages caused by default.

The Customer only has rights of set-off or retention if their claim has been legally established or is undisputed. Claims due to defects of the delivered Goods remain unaffected.

§ 6 Retention of title

The Goods remain the property of heilys until the purchase price has been paid in full.

§ 7 Statutory warranty rights

The Customer's rights in the event of material defects and defects of title are governed by the statutory provisions. If the delivered Goods are defective, the Customer may first choose whether the defect is to be remedied by repair or by delivery of a defect-free item (replacement). heilys' right to refuse subsequent performance under the statutory conditions remains unaffected.

The Customer must give heilys the time and opportunity required for subsequent performance, in particular to inspect the Goods complained about. The costs required for inspection and subsequent performance, in particular transport, travel, labour and material costs, are borne by heilys if a defect actually exists.

Claims for damages are governed by § 8.

In addition, heilys grants a manufacturer's guarantee of 2, 3 or up to 5 years on many products. The guarantee period stated on the product page applies. Details can be found in our guarantee terms. The guarantee does not limit the statutory warranty rights.

§ 8 Liability

Unless otherwise stated in these terms, heilys is liable for breaches of contractual and non-contractual obligations in accordance with the statutory provisions.

heilys is liable for damages – regardless of the legal grounds – in cases of intent and gross negligence. In cases of simple negligence, heilys is liable only

a. for damages resulting from injury to life, body or health,

b. for damages resulting from the breach of an essential contractual obligation (an obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose compliance the Customer regularly relies and may rely); in this case, however, the liability of heilys is limited to compensation for foreseeable, typically occurring damage.

The above limitations of liability do not apply if heilys has fraudulently concealed a defect or has assumed a guarantee for the quality of the Goods, nor to claims under product liability law.

§ 9 Right of withdrawal

Consumers have a right of withdrawal for distance contracts. Details can be found in our cancellation policy. heilys voluntarily grants a withdrawal period of 40 days instead of the statutory 14 days.

§ 10 Place of performance, applicable law

The place of performance for deliveries is Bielefeld, Germany; for payments, the registered office of heilys.

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Mandatory consumer protection provisions of the country in which the consumer has their habitual residence remain unaffected.

§ 11 Consumer dispute resolution

We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board. If you have a complaint, please contact us directly at hallo@heilys.de – we will find a solution.

Last updated: October 2026