I. General Terms and Conditions of Sale and Delivery of weCare+ GmbH for Contracts with Consumers for Technical Devices.

§ 1 General, Scope of Application

1. These General Terms and Conditions of Sale apply to all business relationships between weCare+ GmbH (hereinafter: “heilys”) and its customers (hereinafter: “Customer”). The General Terms and Conditions of Sale apply only if the Customer is a consumer. The Customer is a consumer insofar as the purpose of the ordered deliveries and services cannot predominantly be attributed to their commercial or self-employed professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity acting in the exercise of their commercial or self-employed professional activity when concluding the contract.
2. These General Terms and Conditions of Sale apply in particular to contracts for the sale and/or delivery of movable goods (hereinafter: “Goods”), regardless of whether heilys manufactures the Goods itself or purchases them from suppliers (§§ 433, 650 German Civil Code (BGB)). The General Terms and Conditions of Sale of heilys apply exclusively. Deviating, conflicting or supplementary general terms and conditions of the Customer shall not become part of the delivery and business relationship and therefore shall not become part of a contract with heilys.
3. Legally relevant declarations and notifications to be made by the Customer to heilys before and/or after conclusion of the contract (for example setting deadlines, notices of defects, declarations of withdrawal or reduction) must always be made in writing to be effective (data transmission by e-mail or fax is sufficient). This also applies to amendments and supplements to contractual agreements.

§ 2 Conclusion of Contract

1. The offers of heilys are subject to change and non-binding, in particular with regard to the conclusion of the contract as well as quantity, price and delivery time. This also applies if heilys has provided the Customer with catalogs, technical documentation, other product descriptions or documents – also in electronic form – to which heilys reserves ownership and copyright rights.
2. The order of the Goods by the Customer shall be deemed a binding contractual offer. An order shall only be deemed agreed upon (accepted) after written order confirmation or upon delivery of the Goods to the Customer.
3. When using the webshops operated by heilys, the Customer can select products from the heilys range and collect them in a so-called shopping cart via the “Buy” button. Via the button “order with obligation to pay” the Customer submits a binding offer to purchase the Goods contained in the shopping cart. Before submitting the order, the Customer can change and view the data at any time. However, the application can only be submitted and transmitted if the Customer accepts these contractual terms by clicking the button “By placing the order, you confirm and accept our General Terms and Conditions and our Privacy Policy.” and thereby includes them in the application.
4. heilys then sends an automated confirmation of receipt by e-mail, which does not yet constitute acceptance of the Customer’s offer to purchase. A purchase contract for the Goods is only concluded when heilys expressly declares acceptance of the offer to purchase in a separate e-mail (order confirmation) or when heilys dispatches the Goods to the Customer without prior express declaration of acceptance. In this e-mail or in a separate e-mail, but no later than upon delivery of the Goods, the contract text (consisting of order, General Terms and Conditions and order confirmation) shall be sent by heilys to the Customer on a durable medium (e-mail or paper printout) (contract confirmation). The contract text shall be stored in compliance with data protection regulations.
5. The contract is concluded in the German language. For deliveries to Switzerland, the purchase contract is concluded between the buyer and MeinEinkauf AG, St. Gallen (CHE-331.561.017 VAT). This company also handles customs clearance, invoicing and delivery in Switzerland. This service is included in the purchase price and any shipping costs charged.
   In order to ensure smooth delivery to Switzerland, we inform you for reasons of transparency that MeinEinkauf GmbH in Konstanz, Germany (DE285677365) is also integrated into the supply chain. This does not result in any additional costs for the buyer.

§ 3 Delivery Restrictions, Delivery Period and Delay in Delivery

1. The following delivery restrictions apply: heilys only delivers to customers who have their habitual residence (billing address) in a member state of the EU or in Switzerland and who can provide a delivery address in the same country.
2. The delivery period shall be agreed individually or specified by heilys upon acceptance of the order. The specified delivery period is subject to fulfillment of all obligations to cooperate by the Customer and timely and qualitatively flawless prior delivery.
3. If heilys is unable to comply with expressly agreed binding delivery deadlines in cases of force majeure or for other reasons for which heilys is not responsible, the delivery deadlines shall be extended – also during a delay – by the duration of the influence of such events. Cases of force majeure include in particular war, epidemics, pandemics, riots, earthquakes, floods or other natural disasters, national and operational strikes as well as measures by civil and military authorities.
4. heilys shall inform the Customer immediately about delays in delivery deadlines and at the same time communicate the expected new delivery period. If the service is also unavailable within the new delivery period, heilys shall be entitled to withdraw from the contract in whole or in part; any consideration already provided by the Customer shall be refunded immediately.
5. The occurrence of delay in delivery shall be determined in accordance with statutory provisions. In any case, however, a reminder by the Customer is required. Claims for damages due to delay in delivery are limited to 5% of the invoice value of the owed products with whose delivery heilys is in delay, except in cases of intent or gross negligence. The rights of the Customer pursuant to § 8 of these General Terms and Conditions of Sale and the statutory rights of heilys remain unaffected.

§ 4 Delivery, Transfer of Risk, Acceptance, Default of Acceptance

1. Delivery shall be ex works (Ex Works-Incoterms 2020). At the request and expense of the Customer, the Goods shall be shipped to another destination. Unless otherwise agreed, heilys shall be entitled to determine the type of shipment itself. heilys is also entitled to partial deliveries to a reasonable extent.
2. The risk of accidental loss and accidental deterioration shall pass to the Customer upon notification that the Goods are ready for dispatch. In the case of shipment of the Goods, the risk of accidental loss and accidental deterioration of the Goods shall pass upon handover of the Goods to the freight forwarder, carrier or other person or institution designated to carry out the shipment if the Customer commissioned the freight forwarder, carrier or other person or institution designated to carry out the shipment and the entrepreneur did not previously name this person or institution to the Customer. Insofar as acceptance has been agreed, this shall be decisive for the transfer of risk.
3. If the Customer is in default of acceptance, fails to perform another act of cooperation or if delivery is delayed for other reasons for which the Customer is responsible, heilys shall be entitled to store the Goods and demand compensation for the resulting damage including additional expenses (for example storage costs). heilys may demand lump-sum compensation amounting to 0.1% of the invoice value per calendar day, beginning with the delivery period or – in the absence of a delivery period – with notification that the Goods are ready for dispatch, offset against further claims. Proof of higher damages and statutory claims (in particular compensation for additional expenses, reasonable compensation, termination) remain unaffected. The Customer shall be entitled to prove that heilys incurred no damage at all or only substantially lower damage than the above lump sum.

§ 5 Prices, Payment Methods and Terms of Payment

1. All prices stated on the website of heilys include the applicable statutory VAT and exclude packaging. Should the current prices of heilys change by the time of delivery, heilys shall be entitled to charge the Customer the prices valid at the time of delivery. If heilys exercises this right to increase prices, the Customer shall be entitled to withdraw from the contract within a period of 10 working days after notification of the price increase.
2. In the event shipment is agreed (§ 4 paragraph 1), the Customer shall bear the transport costs ex warehouse and the costs of any transport insurance requested by the Customer. Any customs duties, fees, taxes and other public charges shall be borne by the Customer. Transport packaging and all other transport aids shall not be taken back by heilys unless expressly agreed otherwise. They become the property of the Customer and shall be charged to the Customer to a reasonable extent. In the event of withdrawal, the Customer shall bear the direct costs of returning the Goods.
3. The Customer may make payment by Klarna purchase on account, credit card, Giropay, Klarna Pay later, PayPal or advance payment.
4. Unless otherwise agreed, the price for deliveries shall be due and payable within fourteen days from invoicing and delivery or acceptance of the Goods. heilys shall always be entitled to request a reasonable advance payment.
5. Upon expiry of the above payment period, the Customer shall be in default. During default, the purchase price shall bear interest at the applicable statutory default interest rate. heilys reserves the right to assert further damages caused by default.
6. The Customer shall only have rights of set-off or retention insofar as a claim has been legally established or is undisputed. Claims due to defects in the delivered Goods remain unaffected.

§ 6 Retention of Title

1. heilys retains title to the sold Goods until full payment of all current and future claims arising from the underlying contract and the ongoing business relationship (secured claims). Insofar as the retention of title is not effectively agreed due to national or international regulations, the Customer shall be obliged to provide equivalent security to heilys.
2. The Goods subject to retention of title may neither be pledged to third parties nor transferred by way of security before full payment of the secured claims. The Customer must notify heilys immediately in writing if and insofar as third parties gain access to the Goods belonging to heilys. The Customer shall store the Goods subject to retention of title of heilys at their own expense and insure them against loss and damage. In addition, heilys may demand return of the Goods subject to retention of title even without previously declaring withdrawal from the contract.
3. In the event of breach of contract by the Customer, in particular non-payment of the due price, heilys shall be entitled to withdraw from the contract in accordance with statutory provisions and/or demand return of the Goods on the basis of the retention of title. The demand for return does not simultaneously constitute declaration of withdrawal. Rather, heilys is entitled merely to demand return of the Goods and reserve the right of withdrawal.
4. The Customer is entitled to resell the Goods subject to retention of title in the ordinary course of business. In this case, the following provisions shall additionally apply:
   
   a. The Customer hereby assigns to heilys, as security, all claims arising from the resale of the Goods or product against third parties, in full or in the amount of any co-ownership share of heilys in accordance with the preceding paragraph. heilys accepts the assignment. The obligations of the Customer stated in paragraph 2 also apply with regard to the assigned claims.
   
   b. The Customer shall remain authorized to collect the claim alongside heilys. heilys undertakes not to collect the claim as long as the Customer fulfills their payment obligations towards heilys, is not in default of payment, no application for the opening of insolvency proceedings has been filed and there is no other deficiency in the Customer’s ability to perform. However, if this is the case, heilys may require the Customer to disclose the assigned claims and their debtors to heilys, provide all information necessary for collection, hand over the associated documents and inform the debtors (third parties) of the assignment.
   
   c. If the realizable value of the securities exceeds the claims of heilys by more than 10 percent, heilys shall release securities of its choice at the request of the Customer.

§ 7 Warranty Claims of the Customer

1. The statutory provisions shall apply to the Customer’s rights in the event of material defects and defects of title, in particular §§ 434 et seq. German Civil Code (BGB).
2. The basis of heilys’ liability for defects is exclusively the contractual agreement regarding the quality of the Goods. The product descriptions and technical documents as well as specifications that are the subject of the individual contract shall be deemed agreements regarding the quality of the Goods. Changes to the form of the Goods that are necessary and/or appropriate for legal or factual reasons remain reserved to heilys even after conclusion of the contract, provided that the Goods are not thereby subject to substantial and unreasonable changes for the Customer. Such changes shall become part of the agreed quality of the Goods without further declaration by the contracting parties.
3. If the delivered item is defective, the Customer may initially choose whether subsequent performance shall be effected by remedying the defect (repair) or by delivery of a defect-free item (replacement delivery). The right to refuse subsequent performance under the statutory conditions remains unaffected.
4. The Customer shall give heilys the time and opportunity required for the owed subsequent performance, in particular to provide access to the complained Goods for inspection purposes and repair work. Subsequent performance shall neither include removal of the defective item nor reinstallation.
5. The expenses required for the purpose of inspection and subsequent performance, in particular transport, travel, labor and material costs, shall be borne by heilys if a defect actually exists. However, if a request by the Customer to remedy a defect proves to be unjustified, heilys may demand reimbursement from the Customer for the costs incurred as a result.
6. Insofar as the Customer is entitled by law in urgent cases, for example to prevent disproportionate damage, to remedy the defect themselves and demand reimbursement from heilys for the objectively necessary expenses incurred, heilys must be notified immediately of such self-remedy, if possible in advance. The right of self-remedy does not exist if heilys would be entitled to refuse corresponding subsequent performance under statutory provisions.
7. Claims of the Customer for damages or reimbursement of futile expenses shall only exist in accordance with § 8 and are otherwise excluded. In particular, heilys assumes no guarantee obligations towards the Customer beyond the warranty claims regulated herein. An additional guarantee for the Goods delivered by heilys only exists if this was expressly stated in the order confirmation for the respective item.

§ 8 Other Liability

1. Unless otherwise stated in these General Terms and Conditions of Sale including the following provisions, heilys shall be liable in the event of a breach of contractual and non-contractual obligations in accordance with the relevant statutory provisions. Warranty or other liability claims for a specific purpose of use are excluded. In particular, the Customer is solely responsible for compliance with all statutory and official regulations to be observed in connection with the further use of the Goods (e.g. resale).
2. heilys shall be liable for damages – irrespective of the legal grounds – in cases of intent and gross negligence. In the event of ordinary negligence, heilys shall only be liable
   
   a. for damages resulting from injury to life, body or health,
   
   b. for damages resulting from breach of an essential contractual obligation (obligation whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner regularly relies and may rely); in this case, however, heilys’ liability shall be limited to compensation for the foreseeable, typically occurring damage.

1. The limitations of liability resulting from paragraph 2 shall not apply insofar as heilys has fraudulently concealed a defect or assumed a guarantee for the quality of the Goods. The same applies insofar as the provider and the Customer have reached an agreement regarding the quality of the item. The same applies to claims of the Customer under the German Product Liability Act.

§ 9 Right of Withdrawal

1. Consumers have a statutory right of withdrawal when concluding a distance selling transaction, about which the provider informs below in accordance with the statutory model. The exceptions to the right of withdrawal are regulated in the following paragraph 2. A sample withdrawal form can be found in paragraph 3.

Withdrawal Policy

Right of Withdrawal

You have the right to withdraw from the contract for heilys products within thirty days.

The withdrawal period is thirty days from the day on which you or a third party named by you, who is not the carrier, took possession of the Goods.

To exercise your right of withdrawal, you must inform us (weCare+ GmbH, Detmolder Straße 596-598, D-33699 Bielefeld, Telephone: +49 521 7598 3718, Fax: +49 521 7598 3777, E-Mail: hello@heilys.com) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You may use the attached sample withdrawal form for this purpose, although this is not mandatory. To comply with the withdrawal period, it is sufficient that you send the notification concerning the exercise of the right of withdrawal before the withdrawal period expires.

Consequences of Withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including delivery costs (except for additional costs resulting from your choice of a type of delivery other than the least expensive standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received notification of your withdrawal from this contract. For this reimbursement, we shall use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this reimbursement.

We may refuse reimbursement until we have received the Goods back or until you have provided proof that you have returned the Goods, whichever is earlier. You must return or hand over the Goods to us immediately and in any case no later than fourteen days from the day on which you inform us about the withdrawal from this contract. The deadline is met if you send the Goods before the period of fourteen days has expired. You shall bear the direct costs of returning the Goods. The Goods must be returned in the original packaging so that it is not damaged. You only have to pay for any loss in value of the Goods if this loss in value is due to handling of the Goods which is not necessary for checking the condition, properties and functionality of the Goods.

We kindly ask you to take photos documenting the condition upon receipt of the delivery, as this facilitates processing in the event of transport damage.

Sample Withdrawal Form

(If you wish to withdraw from the contract, please complete this form and return it.)

To weCare+ GmbH Detmolder Straße 596-598 33699 Bielefeld Telephone: +49 521 7598 3718 Fax: +49 521 7598 3777 E-Mail: hello@heilys.com

I/We (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following Goods / provision of the following service (*)

— Ordered on (*) / received on (*)
— Name of consumer(s)
— Address of consumer(s)
— Signature of consumer(s) (only if notified on paper)
— Date
(*) Delete as appropriate

§ 10 Place of Performance, Choice of Law

1. The place of performance for deliveries is Bielefeld, for payments the registered office of heilys.
2. The law of the Federal Republic of Germany shall apply excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Mandatory provisions of the state in which the consumer has their habitual residence remain unaffected.
   
   
   

Status: March 2026