Términos del servicio

Online Store Terms and Conditions

 Updated: 01 July 2023

Contact: office@pelvifly.com

 

These terms of sale are entered into by and between PelviCoach GmbH, a company incorporated in Germany (registration number HRB 747627), with its registered office at Mannheim, and a share capital of 25 000.00 Euros, hereinafter referred to as 'The Seller', operating the website https://pelvicoach.com, https://pelvifly.com and its subdomains, hereinafter referred to as 'the Site', and the consumer and non-professional buyer, hereinafter referred to as 'the Buyer', who wishes to purchase the products offered for sale by the Seller ('the Product')."

 

  1. Payment Methods: The Seller accepts the following payment methods for the purchase of Products:
    • Credit or debit card: We accept major credit and debit cards, including Visa, Mastercard, and American Express.
    • PayPal
    • Other payments method offered by Shopify Payments

The price is payable in full on the day the order is placed by the Buyer. Payments made by the Buyer shall not be considered final until the Seller has received the amounts due. In addition, the Seller has the right, in the event of non-compliance with the above payment conditions, to suspend or cancel the delivery of pending orders made by the Buyer.

 

  1. Billing Information: The Buyer agrees to provide accurate and complete billing information, including name, billing address, and payment details. The Seller shall not be held responsible for any delays or issues arising from inaccurate or incomplete billing information.

 

  1. Product: The Product offered is that which appears on the Seller's Site, within the limits of available stocks. The Seller has the right to modify at any time the range of Products. The Product is presented on the website with a description of its main characteristics (specifications, illustrations and indications of dimensions or capacity). The photographs and graphics are as accurate as possible but are not binding on the Seller. The Buyer must refer to the description of each Product in order to know its specificities and main characteristics.

 

  1. Order Confirmation: It is up to the Buyer to select on the Site the Product he/she wishes to order. No order sent to the Seller by any other way, including by mail or email, will be taken into account. The confirmation of an order implies acceptance of these terms of sale, the recognition of having perfect knowledge of them and the renunciation to take advantage of one’s own conditions of purchase. Upon successful payment, the Buyer will receive an order confirmation via email, containing the details of the purchase and the total amount paid. The Seller has the right to cancel or refuse any order from a Buyer with whom there is a dispute over payment of a previous order.

 

  1. Price and Currency: All prices listed on the Site are displayed in EUR or PLN. The Seller reserves the right to modify the prices of Products at any time, but such changes will not affect orders already placed and confirmed by the Buyer.

 

  1. Taxes and Duties: The total amount paid by the Buyer includes the price of the Products and any applicable taxes or fees as stated at the time of purchase. The Buyer is responsible for any local applicable taxes, duties, or customs fees associated with the purchase and delivery of the Products, as required by the relevant authorities.

 

  1. Shipping costs: The shipping costs are those specified during the finalisation of the order and are accepted by the validation of the order.

 

  1. Invoice: An invoice is issued by the Seller and given to the Buyer upon delivery of the Products purchased.

 

  1. Delivery: Deliveries are made to the address indicated at the time of the order, which can only be in the agreed geographical area. It is the responsibility of the Buyer to inquire with the local authority in his or her country about any limitations on the import or use of the products or services he or she intends to order. Delivery is constituted by the transfer to the Buyer of physical possession or control of the Product. The Seller undertakes to make its best efforts to deliver the products ordered by the Buyer within the time limits specified above. However, these deadlines are indicative. If the ordered Products are not delivered within 30 days after the indicative date of delivery, for any other cause than the force majeure or by the Buyer’s fault, the sale may be canceled at the written request of the Buyer under the conditions provided for in the articles of the German Consumer Code. The sums paid by the Buyer will be then refunded to him at the latest in the fourteen (14) days which follow the date of withdrawal from the contract, excluding any compensation or retention. Deliveries are made by an independent carrier, to the address mentioned by the Buyer at the time of the order and to which the carrier can easily access. The Buyer is required to check the condition of the products delivered. He/she has 48 hours from the date of delivery to communicate in writing any claims for non-conformity or apparent defect of the delivered Products (for example, damaged package, already opened...), with all the related documents (e.g., photos).

 

  1. Retention of Ownership: The Seller retains full ownership of the products sold until full payment of the price, in principal, costs and taxes included, regardless of the date of delivery of said Products.

 

  1. Payment Security: The Seller employs industry-standard security measures to protect the Buyer's payment information. However, the Seller shall not be liable for any unauthorized access or use of the Buyer's payment details.

 

  1. Right of withdrawal: Under the European Law, the buyer has a period of fourteen (14) working days from the delivery of the order to exercise the right of withdrawal and thus return the product to the seller for exchange or refund without penalty, except for return costs.

 

  1. Refunds and Returns: Please refer to the "Refund and Return Policy" section for detailed information regarding refunds and returns.

 

  1. Billing Enquiries: For any questions or concerns related to billing or payment, the Buyer may contact the Seller's Buyer support team using the contact information provided on the Site.

 

  1. Seller’s Liability – Warranty: The Products offered for sale comply with the German regulations and their performances are compatible with non-professional usage.

 

All products supplied by the Seller benefit from the legal guarantee provided by articles of the German Civil Code. In case of non-conformity of a product sold, it can be returned to the Seller that will take it back, exchange it or refund it. All claims, requests for exchange or refund must be made electronically to the Buyer support. The Buyer has 2 years as from the delivery of the good to contact the Seller. The refund will be made crediting the Buyer's bank account or payment card.

 

The Seller cannot be held responsible in the following cases:

  • non-compliance with the legislation of the country in which the products are delivered, which it is up to the Buyer to check,
  • in case of misuse, use for professional purposes, negligence or lack of maintenance by the Buyer, as well as in case of normal wear and tear of the Product, accident or force majeure.

 

The warranty does not cover :

  • deterioration due to abnormal use or use outside the scope of the originally intended use,
  • damage caused by negligence or accident,
  • damage caused by improper cleaning not in accordance with the instructions,
  • unauthorized maintenance, any attempt to open, repair or modify a device.

 

Complaints can be submitted by consumers and businesses:

- in writing to: PelviCoach GmbH, Franz-Volhard-Straße 5, 68167 Mannheim, Germany

- by e-mail to the following address: contact@pelvifly.com

 

Never attempt to open the Product.

 

  1. Intellectual property – data processing: All items of the Site are and remain the intellectual and exclusive property of the Seller. No one is authorized to reproduce, exploit, or use in any capacity whatsoever, even partially, items of the site whether in the form of photo, logo, visual or text or this will be considered an infringement.

 

  1. Data processing: In accordance with the German law, the personal data asked to the Purchaser is necessary to the treatment of its order and the establishment of the invoices. This data can be communicated to the partners of the Seller in charge of the execution, the treatment, the management and the payment of the orders. The Buyer has, in accordance with the national and European regulations in force, a permanent right of access, modification, rectification, opposition, portability and limitation of the processing of information concerning him/her.

 

  1. Applicable law – language: These Terms of Sale are governed by German law. This policy is originally drafted in German. If there is a conflict between a translated version and the English version of these terms then, to the extent permitted under applicable law, the German version shall prevail.

 

  1. Online disputes resolution: The European Commission provides a platform for online dispute resolutions (ODR) which can be accessed at http://ec.europa.eu/consumers/odr/. In order to settle disputes arising from a contractual relationship with a consumer or from whether such a contractual relationship exists at all, we will participate in dispute settlement proceedings before a consumer dispute resolution body. The competent body in this matter is: Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e.V., Straßburgerstraße 8, 77694 Kehl am Rhein, Germany, http://www.verbraucher-schlichter.de.

 

In the event of a dispute, and after all attempts to find an amicable solution have failed, the German courts will have exclusive jurisdiction to resolve the dispute.

 

…………………………………….