Terms and conditions

General terms and conditions with customer information

Scope
Conclusion of contract
Right of withdrawal
Prices and payment terms
Delivery and shipping conditions
Retention of title
Defect rights, scope of liability
Limitation of Liability
Redeeming promotional vouchers
Applicable Law
Jurisdiction
Alternative dispute resolution

1) Scope

1.1 These general terms and conditions (hereinafter "GTC") of Smart Sleep GmbH (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") has with the seller regarding goods presented by the seller in his online shop. The inclusion of the customer's own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 These General Terms and Conditions apply accordingly to contracts for the delivery of vouchers, unless something different is expressly stipulated.

1.3 A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that cannot predominantly be attributed to either their commercial or independent professional activity. An entrepreneur within the meaning of these General Terms and Conditions 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.

1.4 The seller's offers are only aimed at consumers and entrepreneurs as end users. The commercial resale of the products is prohibited. The seller reserves the right to reject offers to conclude sales contracts if they appear to serve commercial resale.

2) Conclusion of contract

2.1 The following regulations regarding the conclusion of the contract apply to orders via the internet shop www.smartsleep.com.

2.2 In the event of the conclusion of the contract, the contract comes with the
Smart Sleep GmbH
Alte Gießerei 6-14
40699
Erkrath
Tel.: +49 (0)211 / 9507440

Email: info@smartsleep.com

conditions.

2.3 The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but rather serve to make a binding offer by the customer.

2.4 The customer can submit the offer via the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button [“Buy now”] that completes the ordering process. However, the order can only be placed and transmitted if the customer has accepted these contractual conditions by clicking the button [“Accept General Terms and Conditions”] and the button [“Accept cancellation policy”] and thereby included them in his order. Immediately after sending the order, the customer receives an order confirmation from the seller, which, however, does not constitute acceptance of the contract offer.

2.5 The seller can accept the customer's offer within five days,

by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the customer is decisive, or
by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
by asking the customer to pay after placing their order.

If several of the aforementioned alternatives are present, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.

2.6 When submitting an offer via the seller's online order form, the contract text is saved by the seller after the contract has been concluded and sent to the customer in text form after the order has been sent (e.g. b Email, fax or letter) including the cancellation policy and information about the goods ordered. The seller will not make the contract text available beyond this. If the customer has set up a user account in the seller's online shop before sending his order, the order data will be archived on the seller's website and can be accessed free of charge by the customer via his password-protected user account by providing the corresponding login data.

2.7 As part of the ordering process, the customer first places the desired goods or services in the shopping cart. There, the customer can change the desired quantity at any time or remove selected goods completely. If the customer has placed goods in the shopping cart, by clicking on the “Continue” buttons they will first be taken to a page where the customer can enter their data and then select the shipping and payment method. Finally, an overview page opens where the customer can check their information. Input errors (e.g. regarding The customer can correct the payment method, data or the desired quantity by clicking on “Edit” in the relevant field. To completely cancel the ordering process, the browser window can be closed completely. Otherwise, after clicking the confirmation button [“Buy now”], the customer’s declaration becomes binding in accordance with Section 2.2 of these Terms and Conditions.

2.8 Order processing and contact usually take place via email and automated order processing. The customer must ensure that the email address he provided to process the order is correct so that emails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

3) Right of withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the seller's cancellation policy.

4) Prices and payment terms

4.1 Unless otherwise stated in the seller's product description, the prices stated are total prices that include statutory sales tax. Any additional delivery and shipping costs that may arise will be stated in the respective product description or stated separately in the ordering process before placing the goods in the virtual shopping cart.

4.2 The payment option(s) will be communicated to the customer in the seller's online shop.

4.3 When paying using a payment method offered by PayPal, payment is processed via the payment service provider PayPal (Europe) S.a r.l et Cie, S.CA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the terms and conditions for Payments without a PayPal account, viewable under https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

4.4 If you select the payment method “Amazon Payments”, the payment is processed via the payment service provider Amazon Payments Europe s.ca, 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: “Amazon”), subject to the Amazon Payments Europe User Agreement, available at https://payments.amazon.de/help/201751590. If the customer selects “Amazon Payments” as the payment method as part of the online ordering process, he also issues a payment order to Amazon by clicking the button that completes the ordering process. In this case, the seller declares acceptance of the customer's offer at the moment the customer initiates the payment process by clicking on the button that completes the ordering process.

4.5 If you select the payment method “SOFORT”, payment is processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter “SOFORT”). In order to be able to pay the invoice amount via “SOFORT”, the customer must have an online banking account activated for participation in “SOFORT”, identify themselves accordingly during the payment process and confirm the payment instruction to “SOFORT”. The payment transaction will be carried out immediately afterwards by “SOFORT” and the customer’s bank account will be debited. The customer can find further information about the “SOFORT” payment method on the Internet at https://www.klarna.com/sofort/.

4.6 If you select a payment method offered via the “Mollie Payments” payment service, the payment is processed via the payment service provider Mollie B.v , Keizersgracht 126, 1015 CW Amsterdam, the Netherlands (hereinafter: “Mollie”). The individual payment methods offered via Mollie are communicated to the customer in the seller's online shop. These are iDEAL, Giropay, credit card, Apple Pay and Klarna. To process payments, Mollie can use other payment services, for which if necessary. Special payment conditions apply, which the customer may agree to. is pointed out separately. Further information about “Mollie Payments” is available on the Internet at https://www.mollie.com/de.

5) Delivery and shipping conditions

5.1 Goods are delivered by shipping to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive.

5.2 If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipping. This does not apply if the customer is not responsible for the circumstances that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller announced the service to him a reasonable time in advance had. Furthermore, this does not apply with regard to the shipping costs if the customer effectively exercises his right of cancellation. If the customer effectively exercises the right of cancellation, the return shipping costs will be subject to the provisions set out in the seller's cancellation policy.

5.3 Self-collection is not possible for logistical reasons.

5.4 Vouchers are given to the customer as follows:

via download
by email
postal

6) Retention of title

If the seller makes advance payments, he reserves ownership of the delivered goods until the purchase price owed has been paid in full.

7) Rights for defects, scope of liability

7.1 In the event of a defect, you are entitled to the statutory warranty rights.

7.2 We have unlimited liability for damages caused by intent or gross negligence as well as culpable injury to life, body or health. Mandatory liability under the Product Liability Act also applies without limitation.

7.3 We remain liable if we culpably violate a contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on whose compliance you as a customer can regularly rely (essential contractual obligation); However, in the event of a negligent breach of an essential contractual obligation, liability for damages is limited to the foreseeable, typically occurring damage.

7.4 Otherwise, any further liability is excluded. To the extent that liability for damages towards us is excluded or limited, this also applies with regard to the personal liability for damages of our employees, employees, employees, representatives and vicarious agents.

7.5 The customer is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply with this, this will have no impact on his legal or contractual claims for defects.

8) Limitation of Liability

8.1 Customer claims for damages are excluded. This does not apply to the customer's claims for damages resulting from injury to life, body, health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages resulting from an intentional or grossly negligent breach of duty by the seller, his legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.

8.2 In the event of a breach of essential contractual obligations, the seller is only liable for the contract-typical, foreseeable damage if this was caused simply through negligence, unless the customer is claiming damages due to injury to life, body or health.

8.3 The restrictions from section 8.1 or 8th2 also apply in favor of the seller's legal representatives and vicarious agents if claims are asserted directly against them.

8.4 Which results from paragraph 8.1 or 8thThe liability limitations resulting from 2 do not apply if the seller fraudulently concealed the defect or assumed a guarantee for the quality of the item. The same applies if the seller and the customer have reached an agreement about the nature of the item. The provisions of the Product Liability Act remain unaffected.

9) Redeeming promotional vouchers

9.1 Vouchers that are issued free of charge by the seller as part of promotions with a specific period of validity and which cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the seller's online shop and only in the specified period become.

9.2 Individual products may be excluded from the voucher campaign if a corresponding restriction results from the content of the campaign voucher.

9.3 Promotional vouchers can only be redeemed before completing the ordering process. Subsequent billing is not possible.

9.4 Only one promotional voucher can be redeemed per order.

9.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.

9.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to pay the difference.

9.7 The balance of a promotional voucher will neither be paid out in cash nor interest.

9.8 The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of his statutory right of withdrawal.

10) Applicable law

The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the provisions of international private law and the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.

11) Place of jurisdiction

If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of business. If the customer is based outside the territory of the Federal Republic of Germany, the seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller is in any case entitled to appeal to the court at the customer's registered office.

12) Alternative dispute resolution

12.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.

12.2 The seller is neither obliged nor willing to take part in a dispute resolution procedure before a consumer arbitration board.