Terms of Business
Last updated: July 07/01/2022
Scope
For all shipments made by Feel Holdings Ltd. (hereinafter Wearefeel) to consumers are subject to these General Terms and Conditions (GTC).
A consumer is any natural person who enters into a legal transaction for a purpose that is predominantly neither commercial nor self-employed.
Contractor
The purchase agreement is concluded with Feel Holdings Ltd., owner: Boris Hodakel, Avon House, Avonmore Road, London, W14 8TS, Great Britain; Registered in the UK with registration number 09512194;
Conclusion of contract
Ordering of one-off deliveries and conclusion of the contract
The presentation of the goods in the Internet shop does not represent a binding offer by the provider to conclude a purchase contract. The customer is only asked to submit an offer by placing an order. The customer can view past orders in his user account.
When selecting one or more products, the latter are placed in the virtual shopping cart. All products assigned to this can be viewed in the shopping cart. In addition, the number of products ordered can be changed there and an ordered product can be removed. By clicking the "Checkout" button, you will be prompted to enter the information relevant to shipping and to select a payment method. Before completing the order, you will be shown a summary of all the information relevant to the order. By clicking the "Buy now or Order now" button, the ordering process is completed and the order is sent.
By sending the order in the online shop, the customer submits a binding offer aimed at concluding a purchase contract for the goods contained in the shopping cart. By sending the order, the customer also recognizes these terms and conditions as solely relevant for the legal relationship with the provider.
The provider confirms receipt of the customer's order by sending a confirmation e-mail. This order confirmation does not yet represent the acceptance of the contract offer by the provider. It only serves to inform the customer that the order has been received by the provider. The declaration of acceptance of the contract offer takes place through the delivery of the goods or an express declaration of acceptance.
When purchasing in advance, the order confirmation also represents acceptance of the contract offer.
Ordering, termination and conclusion of the contract of subscriptions
- The presentation of the goods as a subscription in the Internet shop does not represent a binding offer by the provider to conclude a subscription. The customer is only asked to submit an offer by placing an order.
- In the Internet shop, the customer has the option of placing an order for various subscriptions, which differ in terms of the purchase price and the contract period. The products assigned to the subscription can be viewed in the shopping cart. By clicking the "Checkout" button, you will be prompted to enter the information relevant to shipping and to select a payment method. Before completing the order, you will be shown a summary of all the information relevant to the order. By clicking the "buy now" button, the ordering process is completed and the order is sent.
- By sending the order in the online shop, the customer submits a binding offer aimed at concluding a purchase contract for the goods contained in the shopping cart. By sending the order, the customer also recognizes these terms and conditions as solely relevant for the legal relationship with the provider.
- Regular subscription
- Monthly delivery of the ordered goods
- The contract period is 1 month and is automatically extended by one month if the customer does not give notice of termination, i.e. the contract is automatically extended by one month until terminated by the customer.
- The packages are sent every month on the same day, starting from the day the subscription is taken out, as long as this day does not fall on a weekend. (Example: If the subscription was taken out on November 12th, the next packages are scheduled to be sent on December 12th, January 12th, etc.)
- The provider confirms receipt of the customer's order by sending a confirmation e-mail. This order confirmation does not yet represent the acceptance of the contract offer by the provider. It only serves to inform the customer that the order has been received by the provider. The declaration of acceptance of the contract offer is made within two days by the first delivery of the goods selected in the subscription or by an express declaration of acceptance.
- Cancellations can be made at any time in the customer account in the online shop. Alternatively, by e-mail to hallo@wearefeel.com or to the following address:
Feel Holdings Ltd., Avon House, Avonmore Road, London, W14 8TS, United Kingdom
The cancellation conditions from §13 of these General Terms and Conditions apply.
Right of withdrawal
If you are a consumer (i.e. a natural person who places the order for a purpose that cannot be attributed to your commercial or self-employed professional activity), you have a right of withdrawal in accordance with the statutory provisions.
If you, as a consumer, make use of your right of withdrawal according to Section 4.1, you have to bear the regular costs of the return.
For the rest, the regulations that are reproduced in detail in the following apply to the right of withdrawal
Right of withdrawal policy¹
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period is fourteen days:
- In the case of a contract of sale, from the day on which you or a third party other than the carrier and designated by you take possession of the goods.
- In the case of a contract for several goods which were ordered as part of a single order and which are delivered separately, from the day on which you or a third party designated by you, who is not the carrier, took possession of the last goods.
- In the case of a contract for the regular delivery of goods over a specified period of time, from the day on which you or a third party designated by you, who is not the carrier, takes possession of the first goods.
To exercise your right of withdrawal you must contact us [Feel Holdings Ltd., Avon House, Avonmore Road, London, W14 8TS, United Kingdom; E-mail: hallo@wearefeel.com] of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or an e-mail). You can use the attached sample revocation form for this, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation
If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (except for the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You have to return the goods immediately and in any event not later than fourteen days from the day on which you inform us of the cancellation of this contract, to us. The deadline is met if you send back the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Sample withdrawal form
You can use the cancellation form below, but it is not mandatory.
Withdrawal form (SAMPLE)
To: [company, address]
I hereby revoke the contract I have concluded for the following
Products/goods:
Description:
Ordered on:
Customer's name:
Address of the customer:
Date:
Signature of the consumer (only if notification is on paper):
- End of Right of withdrawal policy -
(¹ This cancellation policy applies from May 28th, 2022. It does not apply to the separate delivery of goods.)
Prices and shipping costs
The prices stated on the checkout pages include statutory VAT and other price components.
From an order value of 35 €, delivery to Germany, Austria, the Netherlands and Belgium is free.
Shipping costs are as follows:
-
Zone 1: 3,90 € to Austria, Germany, Netherlands, Belgium Spain, Czech Republic, Romania, Portugal, Greece, Hungary, Poland, Croatia;
-
Zone 2: 5 € to Sweden, France, Luxembourg, Italy, Denmark, Bulgaria;
-
Zone 3 & 4: 7,50 € to Slovenia, Ireland, Lithuania, Slovakia, Finland, Latvia, Serbia, Estonia, Norway, Cyprus;
-
Rest of World: 15 €
The shipping costs will be clearly communicated to you again in the shopping cart system and on the order page.
There are no other taxes or costs.
Delivery
Deliveries are made within Post NL or DHL. We might add additional delivery partners and give you the choice of carrier at checkout in the future. The delivery time is up to 3-5 days to Zone 1 countries.
If a buyer does not take delivery of the goods, the seller can, after a period of 2 weeks, sell the goods to a third party and hold the original buyer liable for any loss incurred.
If the goods cannot be delivered due to force majeure or product discontinuation, or if the supplier cannot procure the ordered products under reasonable conditions and if these circumstances only occur after the conclusion of the contract and are not the responsibility of the supplier, the supplier will be released from the delivery obligation. If events occur that make delivery significantly more difficult or impossible for the provider - such as strikes, lockouts, official orders or the like - the provider is not responsible for delays, even in the case of bindingly agreed deadlines and dates.
Payment
For orders in our online shop, we offer the usual payment methods in the online area (e.g. PayPal, immediate transfer, direct debit and credit card). We work with various payment service providers from whom we receive your payment data or to whom we transmit your payment data. Payment and contract processing is not possible without this payment data and payment service provider. The legal basis for this data processing is Art. 6 Para. 1 S. 1 lit. b GDPR.
Our payment service providers are in particular
- when paying by PayPal: PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg (https://www.paypal.com)
- when paying with other methods: Stripe: Stripe Payments Europe Ltd., C/O A&L Goodbody, IFSC, North Wall Quay, Dublin 1, Dublin, Ireland.
We would like to point out that data protection inquiries can be made most efficiently with the respective payment service provider, since only these providers have access to the data and can take appropriate measures directly.
Retention of title
The goods remain our property until full payment has been made.
Due date
The payment of the purchase price is due upon conclusion of the contract.
Disclaimer
Claims for damages by the customer are excluded unless otherwise specified below. The above exclusion of liability also applies to the legal representatives and vicarious agents of the provider if the customer asserts claims against them.
Excluded from the exclusion of liability are claims for damages due to injury to life, limb, health and claims for damages resulting from the violation of essential contractual obligations. Essential contractual obligations are those whose fulfillment is necessary to achieve the goal of the contract, e.g. the provider must hand over the item to the customer free of material and legal defects and procure ownership of it. Also excluded from the exclusion of liability is liability for damage based on an intentional or grossly negligent breach of duty by the provider, his legal representatives or vicarious agents.
Choice of Law & Jurisdiction
The law of the Federal Republic of Germany or the EU applies to the contractual relationships between the provider and the customer. Excluded from this choice of law are the mandatory consumer protection regulations of the country in which the customer has his habitual residence. The application of the UN sales law is excluded.
The place of jurisdiction for all disputes arising from the contractual relationship between the customer and the provider is the provider's registered office, provided the customer is a merchant, a legal entity under public law or a special fund under public law.
Dispute resolution
The EU Commission has created an internet platform for the online settlement of disputes. The platform serves as a point of contact for the out-of-court settlement of disputes relating to contractual obligations arising from online sales contracts. More information is available at the following link: http://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in a dispute settlement procedure before a consumer arbitration board.
Severability Clause
Should a provision of these general terms and conditions be ineffective, this shall not affect the validity of the remaining provisions.
Feel Holdings Ltd., Avon House, Avonmore Road, London, W14 8TS, United Kingdom
Email: hello@wearefeel.com
Registered in the UK with registration number 09512194.
The provisions of the German Civil Code (Bürgerliches Gesetzbuch, BGB) mentioned in these General Terms and Conditions can be found at http://bundesrecht.juris.de/volltextsuche.html