Terms and Conditions
Welcome to www.wesker.store, the official Wesker® Online Store, hereinafter referred to as „website“.
This website is provided and operated by:
Wesker & Berta d.o.o.
Put od Fortica 56, HR-52100 Pula
hereinafter referred to as „we“, „us“ or „our“.
Consumers shall hereinafter be referred to as „you“, „customer“ or „consumer“.
The following general terms and conditions apply to all orders being placed on our website.
General terms and conditions also apply to the access and use of our website.
By using our website and/or placing an order you agree to our general terms and conditions.
If you do not agree to our general terms and conditions, you may not use our website.
Unless otherwise explicitly agreed, we do not agree to any differing terms and conditions.
2. Contract of Sale
The object of the contract is sale of goods.
The contract of sale is concluded between us and the consumer.
Consumer shall be any natural person who concludes a legal transaction for their private purposes.
The products for sale are solely the ones displayed on the shop page of our website at the moment the order is placed, and as described in the product description.
The images supplied on the website are for informative purposes only and it is possible that they do not entirely represent the original colours of the product.
Such colours can vary, depending on the type of browser or device used to access the website and to visualise the images.
Unless otherwise explicitly stated in the product description, all products are delivered without any of the accessories or decoration that may be pictured.
In order to complete and place an order, the customer needs to select the desired product on our shop page and access the product page,
which contains all the necessary product descriptions. From there, the desired amount of the selected product can be added into the shopping cart/bag.
Changes to the shopping cart/bag can be made at any time before placing the order, by clicking on the shopping cart/bag button.
An order can contain one or more products of the same or different type.
During the checkout process, the customer may choose to log-in, register or continue without registration.
The customer then needs to complete an order form and provide the necessary personal information, including shipping and payment information.
Before placing the order, the customer can review and change the order data, by clicking the change button on the „check and place order page“,
or cancel the order, for example by closing the browser.
By clicking the „Buy Now“ button, the customer declares a legally binding acceptance of the offer and places the order.
A confirmation Email that the order has been received will be sent to the Email address that has been provided by the customer while placing the order.
The confirmation that the order has been received does not yet constitute a binding contract of sale.
When the order has been accepted, a confirmation Email will be sent to the Email address provided by the customer while placing the order.
The contract of sale becomes effective when the order is accepted and the customer receives a confirmation Email that the order has been accepted.
3. Acceptance of Orders
Orders from customers who are not yet 18 years old cannot be accepted.
We reserve the right to refuse orders. It is at our sole discretion, whether we accept an order or not.
We shall notify the customer as soon as possible, if an order cannot be accepted or completed.
All prices are indicated in Euro (€) and include the currently valid VAT.
Possible shipping and delivery costs, or additional costs involved with the payment method chosen by the customer are at the expense of the customer.
The customer is informed about the exact amount of any additional costs while completing the order form and, in any case, before placing the order.
5. Payment Methods
When placing an order, the customer may choose one of the available payment methods:
PayPal payments are processed by PayPal (Europe) S.à r.l. et Cie, S.C.A.
22-24 Boulevard Royal, 2449 Luxembourg, Luxembourg
hereinafter referred to as „PayPal“.
When paying by PayPal, the customers will be redirected to PayPal‘s website, where the payment can be completed using their own PayPal account
and in accordance with PayPal‘s Legal Terms.
PayPal’s Legal Terms can be found on https://www.paypal.com/webapps/mpp/ua/legalhub-full or https://www.paypal.com.
The PayPal account of the customer will be debited immediately after placing the order.
Credit card payments are processed by Stripe Payments Europe, Limited and
Stripe Technology Europe, Limited (STEL)
The One Building, 1, Lower Grand Canal Street, Dublin 2, Ireland
hereinafter referred to as „Stripe“.
Accepted credit card types are Visa, Master Card and American Express.
When paying by credit card, the transaction will be processed by Stripe through a secured server and in accordance with Stripe‘s Legal Terms.
Stripe’s Legal Terms can be found on https://www.stripe.com/legal.
In no case, and in no phase of the payment are we able to access or save any information or data about the transaction or the credit card used for the payment.
The credit card / account of the customer will be charged immediately after placing the order.
6. Reservation of Proprietary Rights
All goods delivered remain in our property, until they have been paid in full.
Ownership of the goods will revert to us immediately, if we refund any payments to the customer.
7. Shipping / Delivery
We offer worldwide delivery of our products.
Currently valid delivery costs and delivery times can be found anytime on https://www.wesker.store/payment-delivery
and will be shown to the customer while completing the order form, in any case, before placing the order.
All delivery costs include the currently valid VAT.
During the delivery by the courier, the customer is advised to check the delivered package and its contents for any obvious damage.
Any discovered damage shall be communicated to and noted by the courier immediately. If the goods contained in the package are damaged, the customer shall refuse the acceptance of delivery and contact us immediately by Email at firstname.lastname@example.org or using the contact form on https://www.wesker.store/contact.
In case of a failed delivery caused by the customer (e.g. wrong address, continuous absence of the recipient, refusing to accept the delivery even when not damaged
and containing the correct ordered goods, etc.), the payment made for the goods will be refunded to the customer, only after and if the shipment returns to us successfully.
However, any delivery and return costs will not be refunded.
Legal Right of Revocation:
An EU customer has the legal right to revoke the contract of sale within 14 days, without giving any reason.
The revocation period will expire after 14 days from the day on which the customer, or a third party
other than the carrier and indicated by the customer, acquires physical possession of the goods.
To exercise the right of revocation, the customer must inform us of his/her decision to revoke the contract of sale,
by an explicit statement, for example by Email, a letter sent by post, or using the contact form on https://www.wesker.store/contact.
The customer may use the following model revocation form for this purpose, but it is not obligatory.
To meet the revocation deadline, it is sufficient for the customer to send his/her notification
concerning the exercise of his/her right of revocation to us, before the revocation period has expired.
Model Revocation Form
(If you wish to revoke the contract of sale using this form, please complete and return this form)
– Send to: Wesker Industries, owned by Mayki Wesker, Annaberger Str. 73, D-09111 Chemnitz, Germany, Email: email@example.com
– I/We (*) hereby revoke my/our (*) contract of sale for the following goods (*) / for the provision of the following service (*)
– Ordered on (*) / received on (*)
– Name of consumer(s)
– Address of consumer(s)
– Signature of consumer(s) (only if this form is notified on paper)
(*) Delete as appropriate
Effects of Revocation
If the customer revokes the contract of sale, we shall refund all payments received by the customer to the customer, including the costs of delivery
(with the exception of any additional delivery costs, resulting from the customer choosing any other delivery option than the standard delivery),
without delay and not later than 14 days from the day on which we are informed about the customer’s decision to revoke the contract of sale.
Refunds will be made using the same payment method that was used for the initial transaction, unless otherwise explicitly agreed.
The customer will not incur any fees as a result of a refund.
The customer must return the goods to us, without delay and not later than 14 days from the day
on which we are informed about the customer’s decision to revoke the contract of sale.
The costs of returning the goods are at the expense of the customer.
To meet the return deadline, it is sufficient for the customer to send the goods back to us before the period of 14 days has expired.
We may withhold the refund, until we have received the goods back, or the customer supplies evidence
that the goods have been sent back to us within the specified time frame, whichever is the earliest.
The returned goods must be intact, complete in all their parts (including the seal) and in saleable condition.
The customer is liable for any diminished value of the goods, resulting from any handling other than
what is minimally required to check the condition, characteristics and the integrity of the goods.
We reserve the right to inspect all returned goods and demand compensation for all goods returned in poor condition due to additional usage.
The customer can make a legal warranty claim for the purchased goods that are defective, according to the legal regulations.
We are responsible regarding any defects that are existing at the moment of delivery of the goods.
We are not responsible for any defects or damage caused by the customer due to the inappropriate use of the goods.
The customer can demand supplementary performance, which means a repair of the defects or a new delivery.
We have the right to replace the goods if the repair of the defects would incur unreasonable costs.
Normal wear and tear caused by the use of the goods does not represent a defect.
Warranty claims expire 2 years (24 months) after the delivery of the goods.
In the warranty claim, the customer shall provide his/her name, the order number, the product name
and information about the defect, explaining the reasons for the claim.
The costs of returning the goods in case of a defect are at our expense.
10. Storage of Contract Text
The contract text consists of the order data and the general terms and conditions.
The general terms and conditions can always be accessed and printed
on https://www.wesker.store/terms_and_conditions, also before a contract has been concluded.
The order data, together with the general terms and conditions, will be sent to the Email address provided by the customer (to the customer),
in the confirmation Email, when the order has been placed and/or accepted.
If the customer decided to register an account on our website, he/she can also access the order data in his/her account, under My Account – Orders.
The order data cannot be accessed any other way.
11. Complaints and Information Requests
12. Data Protection
All personal data of the customer will always be handled confidentially.
13. Online Dispute Resolution (ODR)
The European Commission provides a platform for online dispute resolution on https://www.ec.europa.eu/consumers/odr.
We are not obliged to participate in a dispute resolution process at a consumer arbitration office.
14. Customer Account
The customer may register an account on our website.
After the registration, the customer is responsible for maintaining the confidentiality of the account, including username/Email address and password.
The customer agrees to accept the responsibility for all activitiy that occurs under his/her account.
If there has been an unauthorised use of the username/password or the account, we shall be notified by the customer immediately.
We reserve the right to cancel accounts if these terms and conditions are violated, or if we decide that it would be in our best interests to do so.
15. Intellectual Property / Copyright
All information and content available on our website, including but not limited to
trademarks, logos, service marks, text, graphics, images, video, audio, data compilations and software (the content)
is the property of Wesker & Berta d.o.o., our affiliates, partners or licensors,
and is protected by international laws, including trademark and copyright laws.
Our trademarks, logos and other distinctive signs may not be used in any way for any purpose, without our explicit, prior written permission.
Neither the content nor the website, or any part of it, may be copied, duplicated, reproduced or modified
in any way for any purpose, without our explicit, prior written permission.
16. Use of the Website
The website and its content may be accessed and used for personal use only.
It is forbidden to falsely impersonate any person or entity, or falsely state or misrepresent the affiliation with any person or entity.
Any use of devices, software, tools, robots, algorithms and other methods in order to scan, monitor, breach the security and authentication measures,
gain unauthorised access to information, test the vulnerability or in any way attempt to interfere with the proper working of the website is strictly forbidden.
We reserve the right to prevent and terminate any such activity.
The contract of sale and the terms and conditions are written and available in English, German and Croatian languages.
18. Legal Notice
Wesker & Berta d.o.o.
Put od Fortica – Strada dei Forti 56
HR-52100 Pula, Croatia
Personal Identification Number: 72247894952
VAT Identification Number: HR72247894952
Raiffeisenbank Austria d.d.
Registered with Commercial Court in Pazin under MBS: 130125608
Share capital of 20.000,00 HRK is fully deposited.
Board members: Mayki Wesker and Krisztian Berta