Terms of service

Terms & Conditions and Customer Information

I. General Terms and Conditions (GTC)

§ 1 Scope

  1. These terms and conditions apply to all contracts concluded between you and us, Steven Kmiec, via the website www.wimspa.com.
    Deviating conditions of the customer shall not apply unless we expressly agree to their validity.

  2. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession.
    An entrepreneur 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 independent professional activity.

§ 2 Conclusion of Contract

  1. The subject of the contract is the sale of goods and/or the provision of repair services. Our online offers are non-binding.

  2. You submit a binding offer via the online shopping cart system. You can modify items in the cart; on the “Checkout” page, your data as well as payment and shipping methods are collected.
    On the order overview page, you can check and correct all details (including using the browser’s “Back” function). By clicking “Place Order” (or equivalent), you submit your binding offer. You will first receive an automatic acknowledgment of receipt (this does not constitute acceptance).

  3. Acceptance of your offer occurs within 2 days by order confirmation or shipping confirmation via email. If acceptance does not occur, you are no longer bound by your order, and any payments already made will be refunded immediately.

  4. Order processing and communication take place via email, partly automated. You must ensure that the email address provided is correct and that the receipt of our emails is not prevented by spam filters.

§ 3 Custom-Made Products

  1. Any necessary content/files for personalized products must be provided to us promptly after the contract is concluded via the order system or by email, following our format requirements.

  2. You may not transmit any content that infringes third-party rights or violates applicable law. You indemnify us against all third-party claims, including reasonable legal defense costs, resulting from such violations.

  3. We do not conduct content checks on your submissions and are not liable for resulting errors.

§ 4 Provision of Repair Services

  1. The contract covers the repair services described in the service description, which we perform ourselves or through third parties to the best of our knowledge.

  2. You are obliged to cooperate, particularly by providing a detailed error description and the device itself.

  3. You bear the shipping costs for sending in the defective device.

  4. Unless otherwise stated, the repair (including shipment) will be completed within 5–7 days after receipt of the device (in case of advance payment, after receipt of payment).

  5. If you exercise your termination right under § 648 sentence 1 BGB (German Civil Code), and the performance has not yet started, we may charge a 10% flat-rate fee of the agreed remuneration. In case of a statutory right of withdrawal, this applies only after the withdrawal period has expired. You may provide proof of lower costs.

§ 5 Special Provisions Regarding Payment Methods (Klarna)

In cooperation with Klarna, we offer the following payment options (payment to Klarna):

  • Klarna Invoice (payable within 14 days from the invoice date)

  • Klarna Installment Payment

  • Sofort (Instant Bank Transfer), Credit Card (Visa/Mastercard), and Direct Debit

The available options are displayed during the Klarna Checkout process.
Please refer to Klarna’s terms and privacy policy for more details.

§ 6 Right of Retention, Retention of Title

  1. The right of retention applies only to claims arising from the same contractual relationship.

  2. The goods remain our property until full payment has been made.

§ 7 Warranty

  1. Statutory warranty rights apply.

  2. Consumers are requested to check the goods immediately upon delivery for completeness, obvious defects, and transport damage and to notify us and the carrier as soon as possible. Failure to do so does not affect your legal rights.

§ 8 Choice of Law

  1. German law applies. For consumers, this only applies to the extent that it does not deprive them of the protection granted by mandatory legal provisions of the state of their habitual residence.

  2. The UN Convention on Contracts for the International Sale of Goods (CISG) does not apply.

II. Customer Information

1. Identity of the Seller

Steven Kmiec
Mathiasstraße 66
50189 Elsdorf, Germany
Phone: +49 (0)2274 939908
Email: love@wimspa.com

Online Dispute Resolution (ODR):
The European Commission provides a platform for online dispute resolution (OS):
https://ec.europa.eu/odr

2. Conclusion of the Contract

The technical steps leading to the conclusion of the contract, the conclusion itself, and the options for correcting input errors are governed by § 2 of these Terms & Conditions.

3. Contract Language and Contract Text

  1. The contract language is German.

  2. We do not store the complete contract text. Before submitting the order, you can print or save the contract details using your browser’s print function. After placing an order, you will receive the order details, mandatory information, and these Terms & Conditions by email.

4. Essential Characteristics of Goods or Services

The essential characteristics of goods or services are stated in the respective product or service descriptions.

5. Prices and Payment Terms

  1. All prices include applicable taxes.

  2. Shipping costs are not included in the purchase price, will be listed separately, and must be paid in addition unless free shipping is stated.

  3. Available payment methods are displayed on our website and during the checkout process.

  4. Unless otherwise stated, payment is due immediately after contract conclusion.

6. Delivery Conditions

  1. Delivery conditions, delivery time, and any restrictions are shown on our website or in the offer.

  2. For consumers, the risk of accidental loss or deterioration passes to you only upon delivery of the goods, regardless of whether transport insurance has been arranged. This does not apply if you commission your own carrier not designated by us.

7. Statutory Warranty Rights

Warranty claims are governed by § 7 of these Terms & Conditions.

8. Termination

Information on termination rights and conditions for repair services is governed by § 4 of these Terms & Conditions and the respective offer.