Terms of Service
- 1 scope
These terms and conditions apply to all purchases on www.healthyly.de operated by:
NF Health Care UG (limited liability), Haynstrasse 9, 20249, Hamburg
represented by the managing director Fatemeh Afrousheh
Telephone: (+49) 040 55204156
- 2 Conclusion of a contract
The presentation of our goods and the granting of the option to order are not yet associated with a binding offer on our part.
Only your order represents an offer to us to conclude a purchase contract. To order, you can place goods in your shopping cart, log on to our site, register or enter your personal data, then check your entries on the overview page and confirm the order in Submit a binding purchase offer for the goods in the shopping cart in the final step of the ordering process. You can cancel the order at any time by clicking the “Cancel” or “Back” button and by closing the browser window. The overview page that appears before completing the order enables you to check your details again for input errors and, if there is an input error, to correct it by pressing the "Back" button.
If you place an order with us, we will send you an e-mail to the e-mail address you have provided, with which we will confirm the receipt of your order and list its details (order confirmation).
This order confirmation represents the acceptance of your offer. A purchase contract with us is concluded with this order confirmation.
- 3 Prices and Shipping Costs
The prices awarded are final prices including sales tax. The amount that is shown at the time of the binding order applies. There are also shipping costs, which depend on the type of shipping and the size and weight of the goods you have ordered. The shipping costs are shown separately in the order overview. You bear the regular costs of the return, which arise in the event of a return of the goods by you in exercising your right of withdrawal. If you exercise your right of withdrawal, we will reimburse you the purchase price including the delivery costs of the outward shipment.
- 4 payment
Payment is made by:
- Credit card
- Instant bank transfer
- debit charge
By specifying the credit card number in the order, we are authorized to collect the purchase price amount from your credit card account specified in the order.
- 5 Late Payment
If you are in default of payment, we are entitled to charge default interest at a rate of 5 percentage points above the base rate announced by the Deutsche Bundesbank for the time of the order. If we can be shown to have suffered higher damage caused by delay, we are entitled to assert this.
- 6 Right of Retention
You are only authorized to exercise a right of retention if your counterclaim is based on the same contractual relationship.
- 7 delivery
(1) Delivery will be made to the delivery address you have given.
(2) If force majeure (natural disasters, war, civil war, terrorist attack, etc.) makes delivery or any other service permanently impossible, our obligation to perform is excluded. We will immediately reimburse amounts already paid.
(3) We can also refuse to perform if this requires an effort that is grossly disproportionate to your interest in fulfilling the purchase contract, taking into account the content of the purchase contract and the principles of good faith. We will immediately reimburse any amounts already paid.
(4) Bulky goods (packages with a volume greater than 1 square meter) are usually delivered by a forwarding agency. We expressly point out that these goods are not carried into the house.
- 8 Favorable shipping method for returns
(1) When returning the goods and accessories, please use the original packaging if possible, even if it has been damaged through an opening for a functional test.
(2) If you have revoked the contract, you bear the costs of the return. In the case of a return due to another right, e.g. For example, if you have a defect, you can write to us and you will then receive a fully franked and addressed return label attached to the return of the delivery of goods. It is the easiest and cheapest shipping option. You have no obligation to use this return process. However, if you choose an unnecessarily expensive shipping method, you may be obliged to pay us the higher costs than a cheaper shipping method.
- 9 Reservation of Title
The delivered goods remain our property until all claims against you from the purchase contract have been settled in full. As long as this retention of title exists, you may neither resell the goods nor dispose of them; in particular, you may not contractually allow third parties to use the goods.
- 10 warranty rights
(1) If a product is already defective upon delivery (warranty case), we will replace it with a defect-free product at our expense or have it professionally repaired (supplementary performance). You are advised that there is no warranty case if the product was of the agreed quality when the risk passed. A warranty case does not exist in the following cases in particular:
- a) In the event of damage caused by you through misuse or improper use.
- b) In the event of damage resulting from your exposure to harmful external influences (in particular extreme temperatures, humidity, exceptional physical or electrical stress, voltage fluctuations, lightning strikes, static electricity, fire).
(2) Furthermore, we do not accept any liability for a fault caused by improper repairs by a service partner who is not authorized by the manufacturer.
(3) Does the type of supplementary performance you require (replacement delivery or repair) require an expense that, in view of the product price, observing the content of the contract and the principles of good faith, is grossly disproportionate to your performance interests - with the value of the object of purchase in particular in the defect-free condition, the significance of the defect and the question of whether the other type of supplementary performance can be used without significant disadvantages for you must be taken into account - your claim is limited to the other type of supplementary performance. Our right to refuse this other type of supplementary performance under the aforementioned condition remains unaffected.
(4) In the event of repairs as well as in the event of a replacement delivery, you are obliged to send the product to the return address provided by us at our expense, stating the order number. Before sending in, you have to remove the objects you have inserted from the product. We are not obliged to examine the product for the incorporation of such items. We are not liable for the loss of such items, unless it was clear to us when the product was taken back that such an item had been inserted into the product (in this case we will inform you and hold the item for you to collect ready; you bear the costs incurred). Before you send a product in for repair or replacement, you must, if necessary, make separate backup copies of the system software, the applications and all data on the product on a separate data carrier and deactivate all passwords. Liability for data loss is not taken. It is also your responsibility to install the software and data and reactivate the passwords after the repaired product or the replacement product has been returned to you.
(5) If you send in the goods in order to receive an exchange product, the return of the defective product is based on the following stipulation: If you were able to use the goods in a fault-free condition between delivery and return, you are entitled to the value of the uses you have made reimburse. You have to pay compensation for any loss or further deterioration of the goods that was not caused by the defect and for the impossibility of surrendering the goods in the period between the delivery of the goods and the return of the goods. You do not have to pay compensation for the deterioration of the goods caused by the intended use of the goods. The obligation to pay compensation does not apply to the return of a defective product in the event of a warranty.
- a) if the defect justifying withdrawal only became apparent during processing or redesign,
- b) if we are responsible for the deterioration or destruction or if the damage would also have occurred to us,
- c) if you have suffered deterioration or destruction, although you have taken the care that you usually apply in your own affairs.
(6) Your liability for damages in the event of a breach of the obligation to return goods for which you are responsible is based on the statutory provisions.
(7) You can either withdraw from the contract or reduce the purchase price if the repair or replacement delivery has not resulted in the product being in conformity with the contract within a reasonable period of time.
(8) In addition, there may also be claims against the manufacturer within the framework of a guarantee granted by him, which are based on the corresponding guarantee conditions.
(9) Our statutory warranty ends two years from delivery of the goods. The deadline starts once goods are received.
- 11 liability
(1) In the case of slight negligence, we are only liable in the event of a breach of essential contractual obligations and limited to the foreseeable damage. This restriction does not apply to injury to life, limb and health. We are not liable for other slightly negligent damage caused by a defect in the purchased item.
(2) Regardless of any fault on our part, our liability for fraudulent concealment of the defect or the assumption of a guarantee remains unaffected. The manufacturer's guarantee is a guarantee from the manufacturer and does not represent an assumption of a guarantee by us.
(3) We are also responsible for the impossibility of delivery occurring by chance during our delay, unless the damage would have occurred even if delivery had been made on time.
(4) The personal liability of our legal representatives, vicarious agents and employees for damage caused by them through slight negligence is excluded.
- 12 Applicable Law
The contract concluded between you and us is subject exclusively to the law of the Federal Republic of Germany with the express exclusion of the UN sales law. The mandatory provisions of the state in which you have your habitual residence remain unaffected.
- 13 Place of Jurisdiction
If, contrary to the information you provided when ordering, you do not have a place of residence in the Federal Republic of Germany or if you move your place of residence abroad after signing the contract or if your place of residence is unknown at the time the action is brought, the place of jurisdiction for all disputes arising from and in connection with the contractual relationship is Hamburg.
- 14 Dispute Resolution
General information requirements for alternative dispute resolution according to Art. 14 Para. 1 ODR-VO and § 36 VSBG (Consumer Dispute Settlement Act):
The European Commission provides a platform for online dispute resolution, which you can find at this address: http://ec.europa.eu/consumers/odr/ . We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
- 15 final provisions
(1) Should individual provisions of this contract be or become wholly or partially ineffective or void, this shall not affect the effectiveness of the rest of the contract, insofar as a contractual partner is not unreasonably disadvantaged as a result.
(2) The contract language is German. The contract text is not saved after the contract is concluded. You will receive the order details by means of the order confirmation with all information, our terms and conditions and the cancellation policy to the email address you provided. You can view our terms and conditions and cancellation policy at any time on our website and save or print them using the print function of your browser.
(3) Changes or additions to this contract must be made in writing.