Terms & Conditions

Table of Contents

Article 1 – Definitions
Article 2 – Identity of Welvira
Article 3 – Applicability
Article 4 – The Offer
Article 5 – The Agreement
Article 6 – Right of Withdrawal
Article 7 – Obligations of the Consumer During the Reflection Period
Article 8 – Exercising the Right of Withdrawal and Associated Costs
Article 9 – Obligations of Welvira in Case of Withdrawal
Article 10 – Exclusion of the Right of Withdrawal
Article 11 – The Price
Article 12 – Performance and Additional Warranty
Article 13 – Delivery and Execution
Article 14 – Duration Transactions: Duration, Termination and Renewal
Article 15 – Payment
Article 16 – Complaints Procedure
Article 17 – Disputes
Article 18 – Additional or Deviating Provisions

Article 1 – Definitions

In these terms and conditions, the following terms shall have the following meanings:

Supplementary Agreement: An agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract, and these are delivered by Welvira or by a third party based on an arrangement between that third party and Welvira
Reflection Period: The period within which the consumer can exercise their right of withdrawal.
Consumer: The natural person who is not acting for purposes related to their trade, business, craft, or profession.
Day: Calendar day.
Digital Content: Data produced and delivered in digital form.
Ongoing Agreement: A contract for the regular supply of goods, services and/or digital content over a specified period.
Durable Medium: Any tool – including email – that allows the consumer or trader to store information directed personally to them in a way that allows future consultation or use for a period tailored to the purpose for which the information is intended, and which allows unchanged reproduction of the stored information.
Right of Withdrawal: The possibility for the consumer to withdraw from the distance contract within the reflection period.
Distance Contract: An agreement concluded between Welvira and the consumer in the context of an organized system for distance selling of products, digital content and/or services, whereby only or partly distance communication means are used until the conclusion of the contract.
Model Withdrawal Form: The European model withdrawal form included in Annex I of these terms and conditions.
Welvira: The legal entity as further defined in Article 2, offering products, (access to) digital content and/or services remotely to consumers under these general terms and conditions.
Means of Distance Communication: Means that can be used for concluding an agreement without the consumer and Welvira being simultaneously in the same space.

Article 2 – Identity of Welvira

Welvira
info@welvira.com
VAT: BE0744303071

Article 3 – Applicability

These general terms and conditions apply to every offer made by Welvira and to every distance contract concluded between Welvira and the consumer.
Before a distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, Welvira shall indicate, before the distance contract is concluded, how the general terms can be consulted and that they will be sent free of charge upon request.
If the distance contract is concluded electronically, the text of these terms may be provided electronically in a manner that allows the consumer to store them on a durable medium. If this is not reasonably possible, it will be stated where the terms can be accessed electronically and that they will be sent electronically or otherwise at the consumer’s request, free of charge.
If specific product or service terms apply in addition to these general terms, paragraphs 2 and 3 apply accordingly. In the event of conflicting terms, the consumer may always rely on the provision that is most favorable to them.

Article 4 – The Offer

If an offer is subject to a limited duration or specific conditions, this shall be explicitly stated in the offer.
The offer contains a complete and accurate description of the offered products, digital content and/or services. The description is sufficiently detailed to enable the consumer to make a proper assessment. If Welvira uses images, they are a truthful representation of the offered goods/services. Obvious mistakes or errors in the offer do not bind Welvira
Each offer clearly states the rights and obligations associated with acceptance of the offer.

Article 5 – The Agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the conditions set therein.
If the consumer has accepted the offer electronically, Welvira shall immediately confirm receipt of acceptance electronically. As long as this receipt is not confirmed, the consumer may dissolve the agreement. Once confirmed, the consumer may no longer cancel or withdraw, except via the right of withdrawal (Article 6).
If the agreement is concluded electronically, Welvira shall take appropriate technical and organizational measures to secure the electronic data transmission and ensure a secure web environment. If the consumer can pay electronically, Welvira will take appropriate security measures.
Welvira may – within legal limits – investigate whether the consumer can meet their payment obligations, and other relevant facts to responsibly conclude the distance agreement. If, based on this investigation, there are valid reasons not to enter into the contract, Welvira may refuse or impose special conditions on the order.
Welvira shall include the following information upon delivery (in writing or in a way the consumer can save on a durable medium):

the visiting address for complaints
conditions and process for exercising the right of withdrawal, or a clear statement if it is excluded
information about warranties and post-purchase services
price incl. taxes, delivery charges, and payment/delivery details
termination conditions for ongoing contracts (if applicable)
the model withdrawal form (if withdrawal is allowed)
In the case of an ongoing contract, this only applies to the first delivery.

Article 6 – Right of Withdrawal

The consumer may withdraw from a product purchase agreement within 14 days without stating reasons. Welvira may ask for the reason but cannot require one.
The withdrawal period starts the day after the consumer (or a third party, not the carrier) receives the product, or:

If multiple products were ordered: the day of receipt of the last product.
If a product is delivered in multiple shipments/parts: the day of receipt of the final shipment/part.
For ongoing deliveries: the day of receipt of the first product.

For services or digital content not delivered on a physical medium, withdrawal is also possible within 14 days.
The reflection period for these services/digital content starts the day after conclusion of the contract.
If Welvira fails to inform the consumer about the right of withdrawal or does not provide the model form, the withdrawal period is extended by 12 months. If the missing information is still provided within this period, a new 14-day period begins.

Article 7 – Obligations of the Consumer During the Reflection Period

During the reflection period, the consumer shall handle the product and packaging with care, only unpacking or using the product as necessary to assess its nature, features, and function—comparable to how it would be handled in a shop.
The consumer is liable for any diminished value due to use beyond what is necessary to establish the product’s nature and characteristics.
The consumer is not liable for depreciation if Welvira did not provide legally required withdrawal information.

Article 8 – Exercising the Right of Withdrawal and Related Costs

If the consumer wishes to use the right of withdrawal, they must notify Welvira clearly within the withdrawal period using the model form or another unambiguous method.
The consumer must return the product within 14 days of this notification, unless Welvira offers to collect it. Timely return is met if the product is sent before the withdrawal period ends.
The consumer must return the item with all accessories, in original condition and packaging if reasonably possible, following Welvira’s clear instructions.
The consumer bears the risk and burden of proof for the correct and timely execution of the right of withdrawal.
The consumer must pay the return shipping costs unless Welvira explicitly states otherwise.
No return costs apply to digital content (not on a physical medium) if:

the consumer did not agree to early delivery
the consumer did not waive their right of withdrawal
Welvira failed to confirm the above

When the right of withdrawal is exercised, any supplementary agreements are also automatically dissolved.

Article 9 – Obligations of Welvira in Case of Withdrawal

If Welvira enables electronic withdrawal notification, they will immediately confirm receipt.
Welvira shall refund all payments made by the consumer, including delivery charges, within 14 days from the withdrawal notification. They may withhold the refund until they have received the product or proof of return.
Refunds are made using the same payment method, unless the consumer agrees otherwise. No extra fees are charged.
If the consumer chose a more expensive delivery method than the cheapest standard delivery, the extra cost is not refunded.

Article 10 – Exclusion of the Right of Withdrawal

Welvira may exclude the right of withdrawal for the following products/services, provided this was clearly stated prior to the conclusion of the contract:

Price-dependent items on financial market fluctuations beyond Welvira’s control
Public auctions
Services completed with the consumer’s explicit consent, where the consumer confirmed to waive their withdrawal right
Accommodation, transport, catering, or leisure services tied to a specific date
Custom-made products based on the consumer’s instructions
Perishable goods or items with a limited shelf life
Sealed goods that cannot be returned due to health/hygiene and whose seal was broken
Items that are inseparably mixed with other products after delivery
Alcoholic beverages delivered after 30 days with value depending on market fluctuations
Sealed audio/video recordings or software whose seal was broken
Newspapers, magazines (except subscriptions)
Digital content not on a physical medium if delivery began with consent and withdrawal waiver