Purchase conditions – Scope and validity of terms
1.1 These terms of purchase (Terms) govern the legal relations formed between W! Health oü (the Seller of W! Health)“ the owner of W! Health online store at www.whealth.ch (W! Health store) and the persons purchasing goods via the W! Health online store (the Buyer). The Seller and the Buyer hereinafter separately referred to as Party and together as Parties.
1.2 In addition to these Terms, legal relations formed in the course of purchasing goods via the W! Health store is regulated by the laws of the Republic of Estonia.
1.3 W! Health has the right to change and supplement these Terms and the price list. Amendments of the Terms and the price list will be notified on this page of the Terms. Changes and additions to the Terms and the price list enter into force upon publishing on this page. If you have submitted your order prior to the entry into force of amendments to the Terms, the Terms valid at the time the order was submitted by the Buyer shall be applied to the order unless these Terms state otherwise.
2.1. The prices displayed in the W! Health store is applicable upon timely payment of the invoice as set out in Section 4.
2.2. All prices are inclusive of VAT at the rate of 20%.
2.3. The selection and prices of good in the W! Health store may vary from other stores selling W! Health goods.
- The currency used in whealth.ch webstore is euro (€).
- Orders over €15 placed through whealth.ch have free shipping. On orders smaller than €15 an extra shipping fee will occur.
- W! Health reserves the right to make changes in the pricing on whealth.ch webstore. The named changes will also be shown on whealth.ch.
Submitting orders and payment
3.1. The Parties shall consider an order submitted by the Buyer to be the Buyer’s wish to conclude a sale-purchase agreement with W! Health with regard to the goods set out in the order. The sale-purchase agreement with regard to the goods is deemed concluded (entry into force of the Contract) as of the moment when the amount due pursuant to the order confirmation is credited to the bank account of W! Health. The precondition of acceptance and confirmation of all orders is 100% prepayment.
3.2. The orders submitted via the online store are processed on business days (M-F 10.00-17.00 excluding public holidays) If an order is submitted later than 16.00 on a Friday, the order shall be processed on the following Monday.
3.3. Before starting an order, add the preferred products to your shopping cart and proceed to checkout.
3.4. It is obligatory to fill in all required fields to ensure safe and smooth delivery of goods.
3.5. To execute a payment, choose your preferred means of payment on the order confirmation page.
3.6. The Buyer has to agree to Sellers terms and conditions by reading and ticking a box next to it.
3.7. The Buyer’s order shall be deemed null and void in case you have not paid the purchase price within the time indicated in the order confirmation.
3.8. W! Health oü provides needed information to the authorized facilitator of the bank and credit card payments Maksekeskus AS. The order can be paid through Estonian and Finnish banklinks (Swedbank, SEB, Luminor etc.) in euros, also with a credit card or PayPal. Make sure that all the order information is correct and then place the order.
3.9. W! Health oü is the responsible processer of stored data.
3.10. All payments are received and processed in euros.
4.1. After entry into force of the Contract pursuant to Section 3.1 of the Terms, the goods will be given to the authorized carrier ITELLA ESTONIA OÜ. The carrier delivers the goods to a post machine or office chosen by the Buyer.
4.2. The goods together with product information and other product documentation shall be delivered by the delivery service provider within the time specified in this file. The goods are usually delivered to the Buyer within 5 business days, maximum in two weeks
4.3. In case the item ordered by the Buyer is not in stock and it is obvious that delivery in line with the deadline set out in the description is not possible, as well as in other cases when timely delivery is not possible due to reasons not attributable to W! Health, we shall notify the Buyer via the e-mail address or phone number provided with the order within 1 business days of entry into force of the Contract pursuant to Section 3.1 and shall inform of the delivery date of the item ordered by the Buyer. If the Buyer loses interest in the item due to the delay in delivery, the Buyer has the right to cancel the order by sending an e-mail with the order number and the Buyer’s bank account number to the address of the W! Health store “ firstname.lastname@example.org“ and the amount paid by the Buyer (together with delivery cost) will be returned to the Buyer.
4.4. Once the goods ordered by the Buyer have been handed over to the delivery service provider, the provider shall contact you in order to determine the delivery time. The good shall be delivered to the address provided upon order submission and later amendment of the place of delivery is not possible.
4.5. W! Health and the delivery company shall not be liable for delayed delivery and misunderstandings in case the delay or misunderstanding is caused by the inaccuracy or incorrectness of the data provided by the Buyer upon order submission.
4.6. The courier shall hand the goods over to the Buyer together with the delivery note. Prior to signing the delivery note, we recommend that the Buyer inspects the packaging and note any damage to the packaging on the delivery note. We kindly ask Buyers to notify of damaged packaging at email@example.com. Goods with packaging damaged by the courier shall be replaced if you submit a relevant wish.
Cancellation of order and return of goods (withdrawal from the Contract)
5.1. The Buyer has the right to cancel his/her order after paying for the goods but before their delivery by sending a relevant notice to firstname.lastname@example.org together with the order number and the Buyer’s bank account number.
5.2. All goods purchased from W! Health’s online store are subject to 14-day return policy. Pursuant to § 56 sections 1 of the Law of Obligations Act, the Buyer has the right to return the goods or exchange them for goods of equal price without needing to provide a reason within 14 days of delivery. For that purpose, the Buyer shall submit a relevant application to the Seller (application must contain the Buyer’s name, date of purchase, number of the Buyer’s bank account and the order number) via e-mail to email@example.com and return the ordered goods to the W! Health store within 14 days of submission of the withdrawal application.
5.3. Upon order cancellation pursuant to Section 5.1 or withdrawal from the Contract pursuant to Section 5.2, the money for the goods shall be returned to the bank account from where payment was made within 14 days of receipt of the goods by the Seller. The Seller shall return the delivery cost in the amount corresponding to the cheapest delivery method offered by the Seller.
5.4. The returned goods cannot be used or damaged and have to be in their original packaging. In order to be able to use the right of return, the packaging must be opened carefully without damaging it. The goods can be inspected in a way appropriate to determine the essence, attributes and working order of the goods. The returned goods have to be complete (containing all items that were in the package like information booklets, loose parts etc.). If the goods have been purchased in the course of a campaign where another item is added to the goods, the Buyer must return the whole set (i.e. all items).
5.5. The Buyer shall bear the direct costs associated with returning the goods delivered to the Buyer unless agreed otherwise with the Seller.
The right of complaint and return of goods not conforming with requirements
6.1. W! Health is responsible for the conformity of goods and lack of defects pursuant to the Law of Obligations Act. The right of complaint applies to a Buyer who is a consumer (a private person) for 2 years after delivery and to a legal person for 2 months of delivery. In case of consumer sales, defects occurring within 6 months of delivery shall be deemed to have existed at the time of delivery, unless such assumption is in contradiction to the essence of the item or the defect.
6.2. The Buyer shall return the goods non-conforming to the Contract to the Seller within 2 (two) months after he/she found out about the non-conformity or should have found out about it.
6.3. W! Health is not liable for:
1) Deterioration of or damage to goods due to the fault of the Buyer.
2) Defects resulting from the wrong use of the goods.
6.4. In the case of non-conformity or defect of the goods, the Buyer has the right to demand repair of the goods or replacement with conforming and non-defected goods by returning the non-conforming goods to the Seller.
6.5. In case of a complaint by a consumer-Buyer, the costs associated with repair or replacement of the goods (mainly transport, postage, work, travel and material costs) shall be borne by the Seller within the first 1 week following delivery. During the following 6 months, the costs shall be borne by the Seller only if the complaint is justified.
6.6. Upon return of non-conforming goods, the Seller shall check the justification of the complaint and submit its answer within 14 days of receiving the complaint. In case the complaint is justified, the Seller shall repair or replace the defected goods; in case the goods cannot be replaced (e.g. the goods are not in stock) or the replacement of the goods would result in unreasonable cost for the Seller, the Seller has the right to reimburse the amount paid for the goods which shall be transferred to the Buyer’s bank account within 14 days of the Seller’s decision to satisfy the complaint. Delivery cost shall not be reimbursed.
Liability and force majeure
7.1. W! Health is liable towards the Buyer and the Buyer is liable towards W! Health for direct patrimonial damage caused to the other party by breach of these terms to the extent and in the cases set out by the applicable laws of the Republic of Estonia.
7.2. W! Health is not liable for damage incurred by the Buyer or delay of delivery in case the damage or delay is caused by circumstances W! Health can not control and the occurrence of which W! Health did not foresee and could not have foreseen (force majeure).
8.1. All personal data of the Buyer disclosed during visiting the W! Health store and shopping at the W! Health store shall be treated as confidential. Safety of the Buyer’s personal data and bank data is ensured by the encrypted data connection with the banks.
8.2. Issues not specifically regulated in these terms shall be governed by the applicable laws of the Republic of Estonia.
8.3. Disputes arising between the Buyer and the Seller in relation to ordering and purchasing of goods shall be resolved via negotiations, If the negotiations fail to yield the desired result or the Buyer does not consent to the solution offered by the Seller and finds his/her rights to be violated, the Buyer has the right to submit a claim to the Consumer Disputes Committee via the Consumer Protection Board or directly to the court. Complaints to the Consumer Disputes Committee are free for the consumer and the consumer may complain directly or using a representative. Further information on the Consumer Disputes Committee can be found at the website of the Consumer Protection Board: http://tarbijakaitseamet.ee
The Consumer Disputes Committee is an out-of-court body for resolving disputes between consumers and traders located at Rahukohtu 2, 10130 Tallinn, phone: 6201 707; The procedure rules of the Consumer Disputes Committee are available at http://www.tarbijakaitseamet.ee/et/ametist/tarbija
8.4. In addition to Section 8.3, a private person client has the right to submit a complaint relating to distance-sales via the EU’s electronic Online Dispute Resolution portal at http://ec.europa.eu/odr. The aforementioned portal is mainly intended for the resolution of cross-border disputes enabling the consumer to find the most suitable out-of-court resolution party in the state of residence of the trader. In Estonia, support and counselling for resolution of cross-border disputes via the online platform are provided by the EU support centre of the Consumer Protection Board.
Limitation of liability and copyright
9.1 Product photos are of illustrative nature and the actual colours of the products may vary to a certain extent.
9.2 W! Health reserves the right to amend the prices of the goods. In such case, W! Health reserves the right to withdraw from the sale and return the money to the Buyer’s bank account within 10 days of its receipt.
9.3 W! Health reserves the right to withdraw from the sale if a human or technical error has occurred in entering the price to the product description displayed in the W! Health store. Upon the occurrence of such a mistake, we assume that the Buyer must have known that there is a mistake and the product is not for sale at that price.
Use of coupon codes
10.1. Coupon codes can be obtained from promotions created by W! Health.
10.2. Coupon codes can be sent or displayed to you on W! Health website, on your e-mail or in other promotional materials.
10.3. W! Health reserves the right of controlling and determining the expiry date of coupons.
10.4. The coupons provided by W! Health can only be used in www.whealth.ch webstore.
All product descriptions, photos and other data presented in the W! Health store is copyright protected and their copying or other use without the consent of W! Health is prohibited.