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Terms and conditions

General terms and conditions with customer information

Table of contents

  1. Scope
  2. Conclusion of contract
  3. Right of withdrawal
  4. Prices and payment terms
  5. Delivery and shipping conditions
  6. Retention of title
  7. Warranty rights, scope of liability
  8. Limitation of liability
  9. Redemption of promotional vouchers
  10. Applicable law
  11. Jurisdiction
  12. Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of Smart Sleep These terms and conditions of the GmbH (hereinafter referred to as "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with the Seller regarding the goods offered by the Seller in its online shop.Shop This agreement concludes the contract for the goods presented. The inclusion of the customer's own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 These terms and conditions apply accordingly to contracts for the delivery of vouchers, unless expressly stipulated otherwise.

1.3 For the purposes of these Terms and Conditions, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity. A business entity, for the purposes of these Terms and Conditions, is a natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, acts in the exercise of its commercial or independent professional activity.

1.4 The seller's offers are directed solely at consumers and businesses acting as end users. Commercial resale of the products is prohibited. The seller reserves the right to reject offers to conclude purchase agreements if they appear to be intended for commercial resale.

1.5 The discounts offered as part of the "Black Deals" apply exclusively to consumers as defined in § 13 of the German Civil Code (BGB). Resale or purchase for commercial purposes is prohibited. Smartsleep reserves the right to cancel orders that appear to be large orders or commercial transactions.

2) Conclusion of contract

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

2.2 In the event of the conclusion of the contract, the contract with the 
Smart Sleep GmbH
Old Paper Mill 20
40699 Erkrath
Tel.: +49 (0)211/9507440

E-mail: info@smartsleep.com

came about.

2.3 The onlineShop The product descriptions contained by the seller do not constitute binding offers on the part of the seller, but serve as an invitation to the customer to submit a binding offer.

2.4 The customer can access the offer via the online portal.Shop The customer submits an order via the seller's integrated online order form. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding offer to purchase the goods in the shopping cart by clicking the button ["Buy now"] that finalizes the order. However, the order can only be submitted and transmitted if the customer accepts these terms and conditions by clicking the buttons ["Accept terms and conditions"] and ["Accept cancellation policy"], thereby incorporating them into their order.Immediately after submitting the order, the customer receives an order confirmation from the seller, which, however, does not yet 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 in this respect, or
  • by requesting payment from the customer after they have placed their order.

If several of the aforementioned alternatives exist, the contract is concluded at the point in time when one of the aforementioned alternatives first occurs. The period for accepting the offer begins on the day after the offer is sent by the customer 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 considered a rejection of the offer, with the consequence that the customer is no longer bound by their declaration of intent.

2.6 When submitting an offer via the seller's online order form, the contract text is stored by the seller after the conclusion of the contract and sent to the customer in text form (e.g., email, fax, or letter) after the order has been submitted, including the cancellation policy and details of the ordered goods. The seller does not make the contract text available in any other way. If the customer creates a user account in the online system before submitting their order, the contract text will also be available to them.Shop If the seller has set up a system, the order data will be archived on the seller's website and can be accessed free of charge by the customer via their password-protected user account by entering the corresponding login details.

2.7 During the ordering process, the customer first places the desired goods or services in the shopping cart. There, the customer can change the quantity or remove selected items at any time. If the customer has items in the shopping cart, clicking the "Continue" buttons takes them to a page where they can enter their information and then select the shipping and payment methods. Finally, an overview page opens where the customer can review their information. Input errors (e.g., regarding payment method, personal information, or the desired quantity) can be corrected by clicking "Edit" in the respective field. To cancel the order process completely, the browser window can be closed entirely. Otherwise, clicking the confirmation button ["Buy Now"] makes the customer's declaration legally binding in accordance with section 2.2 of these Terms and Conditions.

2.8 Order processing and communication generally take place via email and automated order processing. The customer must ensure that the email address provided for order processing is correct so that emails sent by the seller can be received at that address. In particular, if using spam filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller for order processing 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.

3.3 In the case of free products being included: The free product is always tied to a minimum order value. If this minimum order value is undercut due to a full or partial return, free products must also be returned. If no return is made, we reserve the right to deduct the value of the free products from the refund. The value corresponds to the respective selling price in our [store/product range]. Onlineshop.

4) Prices and payment terms

4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices including VAT. Any additional delivery and shipping costs will be specified separately in the respective product description or during the order process before the items are added to the virtual shopping cart.

4.2 The payment option(s) will be/will be presented to the customer in the online shop.Shop The seller informed us.

4.3 When paying with a payment method offered by PayPal, payment processing is handled by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 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, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

4.4 When selecting the payment method "Amazon Payments", payment processing is handled by the payment service provider Amazon Payments Europe. s.c.a., 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/201751590If the customer selects "Amazon Payments" as the payment method during the online ordering process, clicking the button to complete the order simultaneously constitutes a payment order to Amazon. In this case, the seller hereby declares acceptance of the customer's offer at the moment the customer initiates the payment process by clicking the button to complete the order.

4.5 When selecting the payment method "SOFORT," payment processing is handled by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). To pay the invoice amount via "SOFORT," the customer must have an online banking account enabled for participation in "SOFORT," authenticate themselves accordingly during the payment process, and confirm the payment instruction to "SOFORT." The payment transaction is then executed immediately by "SOFORT," and the customer's bank account is debited. Further information about the "SOFORT" payment method can be found online at [website address missing in original text]. https://www.klarna.com/sofort/ retrieve.

4.6 When selecting a payment method offered via the payment service "Mollie Payments", the payment processing is handled by the payment service provider Mollie. B.V. , Keizersgracht 126, 1015 CW Amsterdam, the Netherlands (hereinafter: “Mollie”). The individual payment methods offered via Mollie are displayed to the customer in the online shop.Shop The seller has informed you of the available payment methods. These are iDEAL, Giropay, credit card, Apple Pay, and Klarna. Mollie may use additional payment services to process payments, for which special terms and conditions may apply. Customers will be notified separately of any such conditions. Further information about "Mollie Payments" is available online at [website address missing in original text]. https://www.mollie.com/de available.

5) Delivery and shipping conditions

5.1 Unless otherwise agreed, goods will be delivered by mail to the delivery address specified by the customer.The delivery address specified in the seller's order processing system is decisive for the execution of the transaction.

5.2 If the shipping company returns the goods to the seller because delivery to the customer was not possible, the customer bears the costs of the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstances that led to the delivery failure, or if the customer was temporarily prevented from accepting the offered service, unless the seller had notified the customer of the service a reasonable time in advance. Furthermore, this does not apply to the initial shipping costs if the customer effectively exercises their right of withdrawal. Regarding return shipping costs, the provisions set forth in the seller's cancellation policy apply if the customer effectively exercises their right of withdrawal.

5.3 Self-collection is not possible for logistical reasons.

5.4 Vouchers will be provided to the customer as follows:

  • via download
  • by email
  • by mail

6) Retention of title

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

7) Warranty rights, scope of liability

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

7.2. We are liable without limitation for damages resulting from intent or gross negligence, as well as from 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 breach a contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on whose compliance you as a customer may regularly rely (essential contractual obligation); however, in the case of negligent breach of an essential contractual obligation, liability for damages is limited to the foreseeable, typically occurring damage.

7.4. Furthermore, any additional liability is excluded. To the extent that our liability for damages is excluded or limited, this also applies to the personal liability for damages of our employees, workers, staff, representatives, and agents.

7.5 Customers are requested to report any delivered goods with obvious transport damage to the delivery person and to inform the seller. Failure to do so will not affect the customer's statutory or contractual warranty rights.

8) Limitation of Liability

8.1 The customer's claims for damages are excluded. This does not apply to claims for damages arising from injury to life, body, or health, or from the breach of essential contractual obligations (cardinal obligations), nor to liability for other damages resulting from an intentional or grossly negligent breach of duty by the seller, its legal representatives, or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract.

8.2 In the event of a breach of essential contractual obligations, the seller is only liable for the typical, foreseeable damage if this was caused by simple negligence, unless it concerns claims for damages by the customer arising from injury to life, body or health.

8.3 The limitations set out in clauses 8.1 and 8.2 also apply in favor of the seller's legal representatives and agents if claims are asserted directly against them.

8.4 The limitations of liability arising from clauses 8.1 and 8.2 do not apply if the seller has fraudulently concealed the defect or has provided a guarantee for the quality of the goods. The same applies if the seller and the customer have reached an agreement regarding the quality of the goods. The provisions of the Product Liability Act remain unaffected.

9) Redemption of promotional vouchers

9.1 Vouchers issued free of charge by the seller as part of promotional campaigns with a specific validity period and which cannot be purchased by the customer (hereinafter referred to as "promotional vouchers"), can only be redeemed online.Shop of the seller and can only be redeemed within the specified period.

9.2 Individual products may be excluded from the voucher promotion, provided that a corresponding restriction is stated in the content of the promotional voucher.

9.3 Promotional vouchers can only be redeemed before completing the order process. Subsequent crediting 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 value of the promotional voucher. Any remaining balance will not be refunded by the seller.

9.6 If the value of the promotional voucher is insufficient 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 accrue 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 their statutory right of withdrawal.

10) Applicable Law

All legal relations between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the provisions of private international law and the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, this choice of law applies only to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which they have their habitual residence.

11) Place of jurisdiction

If the customer is a merchant, a legal entity under public law, or a special fund under public law, and has its registered office within the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the seller's place of business. If the customer has its registered office outside the territory of the Federal Republic of Germany, the seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract, provided that the contract or claims arising from the contract can be attributed to the customer's professional or commercial activities. In the aforementioned cases, however, the seller shall in any event be entitled to bring an action before the court at the customer's registered office.

12) Alternative Dispute Resolution

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

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

12.2 The seller is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.