Terms & Conditions
1. Scope and applicable law
These terms and conditions govern all orders, that are pursued inbetween Freshwind Ventures GmbH (hereinafter „Freshwind“) and the their customers, using the online-shop www.windandvibes.com.
Other terms and conditions do not apply, only if Freshwind has approved their use explicitly in writing.
The present terms and conditions as well as all other legal contracts that are closed with Freshwind are subject to the law of the federal republic of Germany. Other international uniform law and especially the UN Sales Conventions are excluded
2. Conclusion of Contract
The offering of WIND & VIBES products in our online-shop does not represent a legally binding offer.
Only by clicking “Place order now”, a legally binding order of the all items in your cart is concluded.
The order confirmation is concluded directly after sending us your order via an automated mail which does not represent a confirmation of the sales contract. It is important to correctly name your E-Mail address during the checkout process so you will receive the mail to check the order. The contract is only concluded when we accept your order explicitly or deliver the goods to your address.
3. Right of revocation and effects
In the following we provide you with the legally required instruction on your right of revocation as well as its effect.
You are entitled to cancel your contractual declaration within 14 days without stating any reasons for doing so. The revocation period is 14 days and it begins on the day on which you, or a third party nominated by you who is not the carrier, take/takes possession of the goods.
In order to exercise your right of withdrawal (revocation), you must inform us,
Freshwind Ventures GmbH,
Gottesweg 56-62, 50969 Cologne,
about your decision to withdraw from the contract by means of an unambiguous statement (e.g. a letter sent via post, fax or email). To exercise your right of withdrawal within the withdrawal period, it is sufficient for you to send a notice concerning your exercise of the right of withdrawal before the end of the revocation period.
Consequences of revocation
If you withdraw from this contract, we are to reimburse all payments received from you, including the costs of delivery (with the exception of delivery costs resulting from you having selected a method of delivery other than the cheapest standard delivery offered by us), without undue delay and in any event not later than 14 days from the earlier of the day on which we receive the returned goods from you or evidence that you have sent them back. For the refund we will use the same payment method that you used for the original transaction (unless we explicitly agreed something else with you); in no case will we charge any fees for this refund. We may withhold reimbursement until we have received the returned goods or until you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods or hand them over to us without delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send off the goods before the end of the revocation period of 14 days.
You will bear the direct cost of returning the goods
You are only liable for any potential loss of value of the goods if this loss of value can be attributed to any non-essential handling of the goods to ascertain their nature, properties and function.
Cancellation form template
(Complete and return this form only if you wish to withdraw from the contract)
To Freshwind Ventures GmbH, Gottesweg 56-62, 50969 Cologne, Germany, E-Mail: firstname.lastname@example.org
I hereby withdraw from our contract of sale of the following goods:
— Ordered on (*) /received on (*)
— Name of consumer:
— Address of consumer
(*) Not applicable
End of the revocation instructions
Exemptions from right of revocation
In case of sales contracts that are based on customer orders of individual products, which are not ready on stock but made to order according to an individual customization request by the customer, the right of revocation does not apply.
4. Payment and invoice
Our online-shop offers the following means of payment during the order process: PayPal, credit card SOFORTbanking or pre-payment.
When paying through PayPal you are required to have a prior registration with the payment service provider PayPal. Using your login details for legitimation you can confirm your payment to us via Paypal. Further information is provided to you during the checkout process.
The payment by credit card is pursued when finalizing the order.
The pre-payment is pursued by a bank transfer to our company's bank account. All required information are sent along the order confirmation via mail. The transfer can be realized within a time period of 14 days. In case there is no payment in our account, we will cancel the order thereafter,
The invoice will be sent to you as an attachment to the order confirmation.
The prices are valid at the time of your order placement.
All of your prices within the online-shop are gross prices including the statutory VAT but are net of shipping cost.
A list of shipping fees is to be found in our Footer section on "Shipment & Delivery".
Freshwind reserves the right to change prices published in their online shop.
6. Delivery terms
Shipments are being sent from the Freshwind warehouse to the delivery address stated in the order process as long as no other agreement has been concluded.
In general, we expect to process incoming orders within 24 hours and subsequently ship with our service provider DHL.
The duration of our shipment depends on the shipping zone. This information can be taken from our site "Shipment and Delivery" in the footer of our website.
In case Freshwind, without fault on their part, is not able to deliver the items you ordered, because their shipping providers or other suppliers do not fulfil their contractual obligations, Freshwind is entitled to cancel the contract with you. In this case, the customer will be informed without delay that the ordered goods are not available. The customer's statutory entitlements remain unaffected.
7. Reservation of title
Until payment has been made in full, Freshwind retains title to the delivered goods
In case no other agreements have been made explicitly, the statutory warranty provisions apply.
The statutory warranty period expires after 2 years starting with the date of the purchase.
Excluded from this warranty are damages due to the following reasons:
Defects or damages due to incorrect use or care
Defects or damages due to fire, water or natural catastrophes and earthquakes
Optic changes, that are caused by natural wear and tear
9. Redemption of promotion voucher & promotions
Multiple vouchers cannot be combined for one purchase. Vouchers and discounts which are issued free of charge by Freshwind within the scope of advertising campaigns with a certain validity period and which cannot be purchased by the customer (hereinafter referred to as "Promotion Vouchers") can only be redeemed in the online shop of the seller (www.windandvibes.com) and only within the specified period. Individual products may be excluded from promotional vouchers if a corresponding restriction results from the content of the promotional voucher. Reduced products and special editions are excluded from promotional vouchers, unless otherwise stated in the content of the promotional voucher. Promotion vouchers can only be redeemed before the completion of the order process. A subsequent settlement is not possible.
In the case of absolute promotional vouchers (value in EUR), the value of the goods must at least correspond to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller. If the value of the promotion voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference. The credit balance of a promotion voucher will neither be paid out in cash nor will interest be charged on it. The promotional voucher will not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the scope of his statutory right of withdrawal. Promotions and discounts cannot be combined.
All orders containing a reduced set (more than one item) are subject to the following conditions:
If individual items of a reduced set are returned, the set price no longer applies to these items. In this case the sum of the individual article prices, the articles not returned, is to be paid. The set prices are discounted prices, which only apply as long as all articles of the set are purchased.
10. Liability of defects
Unless any other agreement has been made and independent of the kind of breach of obligation including unlawful acts, Freshwind’s liability of defects is limited to willfull or grossly neglected acts.
In case of breach of key contractual duties Freshwind shall be held liable for any negligence. Nevertheless, the liability is limited to the amount of the foreseeable damage.
The liability restrictions do not apply in the event of injury to life and limb, to a defect after provision of a guarantee or in cases where the product liability law applies.
Given the liability of Freshwind is limited or excluded, this also applies to their employees, representatives or performing and vicarious agents.
In case a customer claims for supplementary performance, Freshwind will only fulfil by replacement delivery.
11. Product descriptions
The available product pictures and information texts depict the product as exact as possible.
Freshwind cannot be held liable for any faults of the page and cannot guarantee that the pictures exactly portray the real look of the product.
The product pictures may vary depending on the (color-)configuration of your computer or any other end device. All pictures are to be understood as non-binding illustrations and do not guarantee a correct representation of the product characteristics. Please also consult and review the written descriptions.
12. Sweepstakes and Lottery Terms
Sweepstakes are conducted by Freshwind Ventures GmbH, based at St. Apern Str. 10-12 in 50667 Cologne, Germany, using the registered trademark "WIND & VIBES". Natural persons who have reached the age of 14 are eligible to participate. Participation in WIND & VIBES competitions is free of charge and is governed exclusively by these conditions of participation.
Procedure of the competition
Within the specified period of the competition, users are given the opportunity to participate in the competition online. Participation Participation is only possible within the participation period. Submissions received after the deadline will not be considered for the draw. Only one submitted registration per participant takes part in the lottery. It is strictly prohibited to use multiple email addresses or multiple Instagram profiles to increase your chances of winning. Eligible participants Eligible to participate are natural persons who have reached the age of 14. The participation is not limited to customers of the organizer and does not depend on the purchase of goods or services. Should a participant be restricted in his legal capacity, the consent of his legal representative is required. Not entitled to participate in the lottery are all persons and employees of the operator involved in the conception and implementation of the lottery as well as their family members. In addition, the operator reserves the right to exclude persons from participation at its own discretion if there are justified reasons, for example (a) in the event of manipulation in connection with access to or performance of the competition, (b) in the event of breach of these conditions of participation, (c) in the event of unfair trading or (d) in the event of false or misleading statements in connection with participation in the competition. Winnings, Notification and Transmission of Winnings The winners will be determined after the closing date for entries in a random draw among all participants. If the competition is linked to a task, only those participants will be entered into the draw who have correctly completed the task. The winners of the raffle will be informed promptly about the prize via a separate message (Instagram - Direct Messages, Facebook - Facebook Messenger or e-mail). The prize will be awarded exclusively to the winner or to the legal representative of the underage winner. It is not possible to exchange, collect or pay the prize in cash.
Any costs incurred for the shipment of the prizes will be borne by the operator. Additional costs associated with the use of the prize shall be charged to the winner. The winner himself is responsible for any taxation of the prize. If the winner does not respond within a period of 3 weeks after being requested to do so twice, the prize can be transferred to another participant. Termination of the competition The organizer expressly reserves the right to terminate the competition without prior notice and without giving reasons. This applies in particular to any reasons that would disrupt or prevent the scheduled running of the competition.
This promotion is not associated with Facebook or Instagram and is in no way sponsored, supported, or organized by Facebook or Instagram. Applicable Law Questions or complaints in connection with the lottery must be addressed to the operator. Contact possibilities can be found in the imprint section of the website. The lottery of the operator is subject exclusively to the law of the Federal Republic of Germany. Legal recourse is excluded. Severability clause Should any provision of these conditions of participation be wholly or partly ineffective, the remaining provisions shall remain unaffected.
13. Severability clause
Individual provisions of these terms and conditions having no legal effect in part or in whole, or subsequently losing their legal effect, does not otherwise affect the validity of the terms and conditions in general. The statutory provisions take the place of the invalid one. The same applies where the terms and conditions contain an unforeseen gap.