Terms & Conditions
§1 Scope of Application, Definitions
These General Terms and Conditions (hereinafter "GTC") apply to all business relationships between
WELANDA
Piyal Ranasinghe
Querstraße 6
90489 Nürnberg
E-Mail: contact@welanda.com
Phone: +49 151 22628518
(hereinafter "Seller") and the customer (hereinafter "Customer") in the version valid at the time of the order.
A "Consumer" within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed (§ 13 BGB).
An "Entrepreneur" within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity (§ 14 BGB).
These GTC shall apply exclusively. Deviating, conflicting, or supplementary general terms and conditions of the Customer shall only become part of the contract if and to the extent that the Seller has expressly agreed to their validity.
§2 Conclusion of Contract, Correction Options
The presentation of products in the online shop does not constitute a legally binding offer, but rather an invitation to place an order (invitatio ad offerendum).
Before submitting the binding order, the Customer can continuously correct their entries using the standard keyboard and mouse functions. In addition, all entries are displayed once more in a summary before the binding submission of the order and can also be corrected there.
By clicking the "Order with obligation to pay" button, the Customer submits a binding order for the goods contained in the shopping cart. Confirmation of receipt of the order is sent immediately after submission of the order via an automated email (order receipt confirmation). This order receipt confirmation does not yet constitute acceptance of the offer. The purchase contract is concluded when the Seller accepts the order by a separate email (order confirmation) or ships the goods to the Customer.
For payment methods with immediate payment processing (e.g. PayPal, credit card), the contract is concluded upon successful completion of payment and the associated confirmation from the payment service provider.
§3 Personalised Products (Customer Obligations)
A significant part of our product range includes personalised products with individual laser engraving. The following special conditions apply to these:
3.1 Customer Responsibility
The Customer is responsible for the accuracy and completeness of the personalisation data entered (texts, graphics, logos). The personalisation fee is shown separately during the ordering process.
3.2 Rights to Uploaded Content
The Customer warrants that they hold the necessary rights to the content they upload (texts, images, logos, graphics). This includes in particular copyrights, trademark rights, and personality rights. The Customer shall indemnify the Seller against all third-party claims arising from a violation of these rights, including the reasonable costs of legal defence.
3.3 Prohibited Content
The Seller reserves the right to reject orders if the content provided by the Customer:
- violates applicable law (in particular content that incites hatred, glorifies violence, or is pornographic),
- infringes the rights of third parties (in particular copyrights, trademark rights, or personality rights),
- or is obviously unlawful or immoral for other reasons.
In such cases, the Customer will be informed immediately and any payments already made will be refunded.
3.4 Quality of Templates
The Seller assumes no warranty for defects attributable to the templates provided by the Customer, in particular low image resolution, incorrect colour profiles, or spelling errors in texts. The Customer is requested to carefully review their personalisation data before submitting the order.
§4 Right of Withdrawal
Consumers are entitled to a statutory right of withdrawal. The detailed cancellation policy and the model withdrawal form can be found on ourCancellation Policy page.
Exclusion of the right of withdrawal for personalised products:
The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive, or which are clearly tailored to the personal needs of the consumer (§ 312g Abs. 2 Nr. 1 BGB). This applies in particular to all personalised products with individual laser engraving where the Customer has entered their own texts, names, dates, or graphics.
Distinction:
The exclusion of the right of withdrawal applies exclusively to products that have been individually manufactured according to the Customer's specifications (e.g. individual text, name, date, or custom graphic via laser engraving). For products where the Customer has merely selected from prefabricated standard options (e.g. colour selection from a dropdown menu), the right of withdrawal applies without restriction.
§5 Delivery, Product Availability, Transfer of Risk
5.1 Delivery
Delivery is made to the delivery address specified by the Customer. Shipping costs are displayed during the ordering process and are borne by the Customer, unless otherwise stated.
The delivery time is generally 3–7 working days within Germany. For personalised products, the delivery time may be longer due to individual production. The Customer will be informed about this during the ordering process.
Shipping is carried out via DHL and/or DPD. The Customer will receive a shipping confirmation with a tracking number by email.
5.2 Product Availability
Should the ordered goods unexpectedly be permanently unavailable, the contract shall not be concluded. The Customer will be informed immediately and any payments already made will be refunded without delay.
In the case of only temporary unavailability, the Customer will be informed about the estimated delivery time. If the Customer does not accept the extended delivery time, they may withdraw from the contract.
5.3 Transfer of Risk
If the Customer is a consumer, the risk of accidental destruction or accidental deterioration of the goods shall not pass to the Customer until the goods are handed over to the Customer (§ 474 Abs. 2 BGB). This also applies if the Customer has commissioned the shipment of the goods.
If the Customer is an entrepreneur, the risk of accidental destruction or accidental deterioration of the goods shall pass to the Customer as soon as the Seller has delivered the goods to the forwarding agent, the carrier, or the person or institution otherwise designated to carry out the shipment (§ 447 BGB).
§6 Prices and Shipping Costs
All stated prices are final prices and include the statutory value added tax pursuant to § 19 UStG (small business regulation: VAT is not shown separately). Additionally incurred delivery and shipping costs are stated separately in the respective product description and during the ordering process.
The payment methods specified during the ordering process are available. Payment is processed through the payment service providers Mollie and/or PayPal. Payment processing is carried out in accordance with the terms of the respective payment service provider.
§7 Retention of Title
The delivered goods shall remain the property of the Seller until full payment of the purchase price.
§8 Warranty for Defects, Guarantee
The statutory warranty rights shall apply.
The warranty period for new goods is two years from receipt of the goods for consumers. For entrepreneurs, the warranty period is one year from receipt of the goods.
In the case of defects in the delivered goods, the Customer may initially demand supplementary performance in the form of repair or replacement delivery at their choice. If supplementary performance fails, the Customer may, at their choice, demand a reduction of the purchase price or withdraw from the contract.
Excluded from the warranty are defects caused by improper handling, natural wear and tear, or damage caused by the Customer. For personalised products, defects attributable to the templates provided by the Customer are also excluded (cf. §3.4).
A guarantee only exists if it has been expressly declared for the respective article. The Customer's statutory warranty rights remain unaffected by any guarantee.
§9 Liability
The Seller shall be liable without limitation for intent and gross negligence as well as for damages resulting from injury to life, body, or health. The same applies to claims under the Product Liability Act and in the case of express guarantees.
In the case of slight negligence, the Seller shall only be liable for breach of material contractual obligations. Material contractual obligations (cardinal obligations) are those whose fulfilment makes the proper performance of the contract possible in the first place and on whose compliance the Customer may regularly rely. In these cases, liability is limited to the foreseeable, typically occurring damage.
Otherwise, the Seller's liability – regardless of the legal basis – is excluded to the extent permitted by law.
§10 Data Protection
Information on the processing of personal data can be found in ourPrivacy Policy.
§11 Dispute Resolution
We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
§12 Final Provisions
The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, this choice of law applies only insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.
If the Customer is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be the Seller's place of business (Nürnberg).
Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected.