Terms and Conditions and Withdrawal Information

1) Contractual Partner, Scope of Application

1. These terms and conditions (“T&Cs”) apply to all orders of goods you, as a consumer, placed in our online shop within Europe. The seller is WOW Tech Europe GmbH, Hermann-Blankenstein-Straße 5, 10249 Berlin, Germany (“WOW Tech”). Further information about WOW Tech can be found in our legal notice.

2. Our offers are exclusively directed at consumers who make purchases for private purposes. All deliveries, services, and contracts concluded via our online shop are governed solely by these T&Cs in the version valid at the time of the order.

3. Individual contractual agreements take precedence over these T&Cs. Deviating, conflicting, or supplementary terms and conditions shall not become part of the contract unless their validity is expressly agreed upon.

4. We only deliver within Europe and reserve the right to reject serving orders within Europe at our discretion.

2) Conclusion of Contract

1. Our offers are a non-binding invitation for you to order goods from WOW Tech.

2. By placing an order for the desired goods by completing and submitting the online order process, you make a binding offer to conclude a purchase contract. We are not obliged to accept your offer. Our confirmation of receipt of your order does not constitute acceptance of your offer.

3. We may accept your offer within seven calendar days by sending an order confirmation, the ordered goods, or by any other manner. If we do not accept the offer within seven days, it is considered rejected. If our order confirmation or any other legally binding declaration contains typographical or printing errors, or if there are errors in pricing due to transmission errors, we are entitled to contest the declaration based on error. The burden of proof regarding the error lies with us. Any payments received will then be refunded without delay.

3) Prices

1. The prices shown at the time of the order are relevant and might be increased by the indicated shipping costs. The stated prices are final prices, i.e., they include the applicable statutory VAT.

2. All stated prices, including packaging and shipping, apply only within Europe and only at the time of the order.

4) Payment terms

1. Payment can be made using the payment methods displayed at the time of the order. However, we reserve the right not to offer certain payment methods for each order and to refer to other payment methods. Any costs associated with the money transaction are to be borne by you.

2. When paying by credit card, your credit card will be charged upon completion of the order. If paying via PayPal, Apple Pay, Google Pay, or other payment methods involving third parties, the payment will be processed as part of the order process under the additional terms and conditions of the third party, if any.

3. A payment is only considered completed when we can dispose of the payment amount. If a payment is not processed or is declined, and this is attributable to you, you are obliged to pay the reasonable additional costs and expenses incurred due to the payment default and for return debits.

4. You may only offset against a counterclaim if it is undisputed or has been legally established.

5. You agree to receive invoices and credit notes exclusively in electronic form.

5) Right of Withdrawal (Withdrawal Information)

1. As a consumer within the European Union and the United Kingdom, and subject to paragraph 4, you have the right to withdraw from this contract within 14 days without providing any reason. The withdrawal period is 14 days from the day on which you or a third party nominated by you, who is not the carrier, takes possession of the last part of the shipment or the last item.

To exercise your right of withdrawal, you must inform us:

WOW Tech Europe GmbH
Hermann-Blankenstein-Straße 5
10249 Berlin
Email: care@womanizer.com (for products bought on womanizer.com); care@arcwave.com (for products bought on arcwave.com); care@we-vibe.com (for products bought on we-vibe.com); care@romp.toys(for products bought on romp.toy)
Phone: +49 (0) 30 95999 3810

by means of an explicit statement (e.g., a letter sent by post or email) of your decision to withdraw from this contract. You may use the attached model withdrawal form, but it is not mandatory. To meet the withdrawal deadline, it is sufficient to send your communication concerning your exercise of the right of withdrawal before the withdrawal period expires.

2. If you withdraw from this contract, we will refund all payments received from you, including delivery costs (except for additional costs resulting from your choice of a different delivery method than the most cost-effective standard delivery offered by us), without undue delay and no later than 14 days from the day we receive notification of your withdrawal from this contract. We will use the same payment method for the refund that you used for the original transaction unless explicitly agreed otherwise with you; in no case will you be charged any fees for this refund. We may withhold the refund until we have received the goods back or you have provided proof of having sent back the goods, whichever is the earlier.

3. You must return or hand over the goods to us without delay and in any event no later than 14 days from the day you inform us of the withdrawal from this contract. The deadline is met if you dispatch the goods before the 14-day period has expired. You bear the direct costs of returning the goods. You shall only be liable for any loss of value of the goods if this loss of value is due to handling of the goods, which is not necessary for checking their nature, properties and functioning.

4. The right of withdrawal does not apply to contracts for the delivery of sealed goods that are not suitable for return due to health protection or hygiene reasons if their seal has been removed after delivery.

5. Model Withdrawal Form: The withdrawal should contain the following details:

To: WOW Tech Europe GmbH, Hermann-Blankenstein-Str. 5, 10249 Berlin; Email: care@womanizer.com (for products bought on womanizer.com); care@arcwave.com (for products bought on arcwave.com); care@we-vibe.com (for products bought on we-vibe.com); care@romp.toys(for products bought on romp.toy);
I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*) / the 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

6) Delivery and Transport Damage

1. If not all of the ordered products are in stock, we reserve the right to make partial deliveries at your expense, provided this is reasonable for you. Furthermore, unless we have assumed the procurement risk for the ordered goods, we reserve the right to withdraw from the contract if we are unable to deliver the goods through no fault of our own, for example, if the transport company fails to fulfil its contractual obligations. We will inform you immediately of the unavailability of the goods and promptly refund any payments already made.

2. We do not assume the risk of having to procure the ordered goods (procurement risk). This also applies to orders for goods that are only described by their type and characteristics (generic goods). We are only obliged to deliver from our stock of goods and the goods ordered from our suppliers.

3. If products are delivered with obvious transport damage, we kindly ask you to immediately report these to the delivery agent and contact us. By doing so, you help us to assert our claims against the carrier and the transport company. However, failure to report such damage has no consequences for your rights, especially your warranty rights.

7) Retention of Title

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

8) Warranty

Your rights in case of defects are governed by statutory provisions. The warranty period is 2 years and begins with the delivery of the goods.

9) Voluntary Manufacturer's Warranty on Womanizer Products

1. In addition to your statutory and other contractual rights, we guarantee that all electronic Womanizer-branded sex toys are free from material, manufacturing, and design defects. The state of science and technology at the time of manufacture is decisive in determining whether a material, manufacturing, or design defect exists. If the product is not free of defects, this triggers the warranty, unless otherwise stated below.

2. The warranty does not cover:

Minor defects, i.e., defects that do not affect the usability of the product;
Wear and tear parts, such as stimulation heads;
Accessories, such as charging cables.

3. A warranty claim also does not exist if the defect was caused by:

Intentional damage;
Normal wear and tear;
Improper commissioning, or;
Repair attempts.

4. The warranty is valid for a period of 60 months from delivery to you. The warranty period cannot be extended and is neither suspended nor restarted.

5. In the event of a warranty claim, we will replace the affected product with a new identical or comparable product. We will cover the transport costs necessary for the replacement. In exceptional cases, we may also decide to refund the purchase price against the return of the affected product.

6. You can assert the rights under this warranty by notifying us by email within the warranty period. The burden of proof that the notification was made within the warranty period lies with you. This can be done, for example, by presenting the purchase receipt.

10) 100-Day Pleasure Guarantee

For Womanizer, We-Vibe, and Arcwave sex toys that you have purchased directly from us, we offer a 100-day pleasure guarantee. If you are not satisfied with the Womanizer, We-Vibe, or Arcwave sex toy, you can notify us within 100 days of the order date via our online return form. The form is available on our warranty page. The product must then be returned to us following our instructions. If all requirements are met, we will provide you with a voucher for a product of equal value, which you can redeem in our online shop. If you have purchased multiple sex toys in one order, the 100-day pleasure guarantee only applies to one sex toy from that order. We also reserve the right to restrict the multiple claiming of the 100-day pleasure guarantee for separately ordered sex toys to prevent abuse.

11) Liability

1. We are liable in cases of intent or gross negligence by us or one of our representatives or vicarious agents, as well as in the case of culpably caused injury to life, body, or health, in accordance with statutory provisions. However, in cases of gross negligence, our liability is limited to the foreseeable, contract-typical damage, unless one of the exceptions mentioned in sentence 1 or sentence 3 of this paragraph also applies. Otherwise, we are only liable under the Product Liability Act, for the culpable breach of cardinal obligations (cardinal obligations are obligations whose fulfilment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner may regularly rely), in cases of fraud, or to the extent that we have assumed a guarantee for the quality of the product. The claim for damages for the breach of essential contractual obligations is, however, limited to the contract-typical, foreseeable damage, unless one of the exceptions mentioned in sentence 1 or sentence 3 of this paragraph also applies.

2. The provisions of the preceding paragraph 1 apply to all claims for damages, regardless of the legal basis.

12) Miscellaneous Provisions

1. This is an English convenience translation of the German T&Cs which, in case of interpretation or other issues, shall prevail over the English translation.

2. The processing of the contract and all disputes arising from or in connection with it shall be governed exclusively (where legally permissible) by the law of the Federal Republic of Germany, excluding international private law and the United Nations Convention on Contracts for the International Sale of Goods (CISG).

3. Should any provision of these T&Cs be invalid or become invalid, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by the applicable statutory provision.

4. Information obligation under the ODR Regulation and the Consumer Dispute Resolution Act (VSBG): The European Commission provides a platform for online dispute resolution in consumer matters (ODR platform) at http://ec.europa.eu/consumers/odr. We strive to resolve any disagreements arising from our contract amicably. Furthermore, we are not obliged to participate in a dispute resolution procedure and, unfortunately, cannot offer you participation in such a procedure.

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