General terms and conditions with customer information
Table of Contents
- Conclusion of contract
- Right of withdrawal
- Prices and terms of payment
- Delivery and shipping conditions
- Retention of title
- Defect rights, scope of liability
- Limitation of Liability
- Redeemment of promotional vouchers
- Applicable law
- Alternative Dispute Resolution
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") ) with the seller regarding the goods presented by the seller in his online shop. The inclusion of the customer's own terms and conditions is hereby rejected, unless otherwise agreed.
1.2 These General Terms and Conditions shall apply accordingly to contracts for the delivery of vouchers, unless expressly agreed otherwise.
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 are predominantly neither commercial nor self-employed. Entrepreneur within the meaning of these 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 consumers. 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 on the conclusion of the contract apply to orders via the Internet shop www.smartsleep.com.
2.2 If the contract is concluded, the contract is concluded with
Smart Sleep GmbH
Alte Gießerei 6-14
Tel.: +49 ( 0)211 / 9507440
2.3 The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but serve to enable the customer to submit a binding offer.
2.4 The customer can submit the offer via the online order form integrated in 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 contract offer with regard to the goods contained in the shopping cart by clicking on the button [“Buy now”] that concludes the ordering process. However, the order can only be placed and transmitted if the customer has accepted these contractual terms and conditions by clicking on 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 yet represent 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 e-mail), whereby receipt of the order confirmation by the customer is decisive, or
- by delivering the ordered goods to the customer, whereby receipt of the goods by the customer is decisive, or
- by asking the customer to pay after placing his order
If there are several of the aforementioned alternatives, 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 has sent 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 considered 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 text of the contract is saved by the seller after the conclusion of the contract and sent to the customer in text form (e.g. e-mail, fax or letter) including the cancellation policy and with information on the goods ordered. The seller does not make the contract text accessible 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 "Next" button, he first gets to a page where the customer can enter his data and then select the shipping and payment method. Finally, an overview page opens on which the customer can check his information. The customer can correct input errors (e.g. with regard to payment method, data or the desired quantity) by clicking on “Edit” in the respective field. To cancel the ordering process completely, the browser window can be closed completely. Otherwise, after clicking the confirmation button ["Buy now"], the customer's declaration becomes binding within the meaning of Section 2.2 of these GTC.
2.8 Order processing and contact are usually made via email and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned 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 revocation instruction of the seller.
4) Prices and terms of payment
4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices that include statutory sales tax.Any additional delivery and shipping costs are specified separately in the respective product description or in the ordering process before the goods are placed in the virtual shopping cart.
4.2 The customer will be informed of the payment option(s) in the seller's online shop.
4.4 If you select the "Amazon Payments" payment method, the payment will be processed via the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: "Amazon"), at Validity of the Amazon Payments Europe User Agreement, available at https://payments.amazon.de/help/201751590. If the customer selects "Amazon Payments" as the payment method during the online ordering process, he also issues a payment order to Amazon by clicking the button that concludes the ordering process. In this case, the seller already declares acceptance of the customer's offer at the point in time at which the customer triggers the payment process by clicking the button that concludes the order process.
4.5 If you select the "SOFORT" payment method, the payment will be processed by 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 activated online banking account for participation in "SOFORT", identify himself accordingly during the payment process and confirm the payment order to "SOFORT". The payment transaction is carried out immediately afterwards by "SOFORT" and the customer's bank account is debited. The customer can access more detailed information on the "SOFORT" payment method on the Internet at https://www.klarna.com/sofort/.
4.6 If you select a payment method offered via the payment service "Mollie Payments", the payment will be 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 special payment conditions may apply, to which the customer may be informed separately. Further information on "Mollie Payments" is available online at https://www.mollie.com/de.
5) Terms of delivery and shipping
5.1 Goods are delivered 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 sends the shipped goods back to the seller because delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstance 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 costs for the return shipment if the customer effectively exercises his right of cancellation. The regulation made in the cancellation policy of the seller applies to the return costs if the customer effectively exercises his right of cancellation.
5.3 Pickup is not possible for logistical reasons.
5.4 Coupons are left to the customer as follows:
- via download
- by email
6) Retention of title
If the seller pays in advance, 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 have unlimited liability for damage caused by intent or gross negligence and culpable injury to life, limb or health. The mandatory liability under the Product Liability Act also applies without limitation.
7.3. We continue to be liable if we culpably breach a contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which you as a customer can regularly rely (essential contractual obligation); in the event of a negligent breach of an essential contractual obligation, however, liability for damages is limited to the foreseeable, typically occurring damage.
7.4. All other liability is excluded. Insofar as the 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, this has no effect whatsoever on his statutory or contractual claims for defects.
8) Limitation of Liability
8.1 Customer claims for damages are excluded. This does not apply to claims for damages by the customer resulting from injury to life, limb, health or from the breach 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 are based. 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 contractually typical, foreseeable damage if this was caused simply by negligence, unless the customer is concerned with claims for damages resulting from injury to life, of the body or health.
8.3 The restrictions from Section 8.1 and 8.2 also apply in favor of the legal representatives and vicarious agents of the seller if claims are asserted directly against them.
8.4 The limitations of liability resulting from Section 8.1 or 8.2 do not apply if the seller has fraudulently concealed the defect or has assumed a guarantee for the condition of the item. The same applies if the seller and the customer have reached an agreement on 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 that 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 settlement 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 the amount of the promotional voucher. Any remaining credit 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 selected to settle the difference.
9.7 The credit on a promotional voucher is neither paid out in cash nor does it earn interest.
9.8 The campaign voucher will not be refunded if the customer returns the goods paid for in whole or in part with the campaign voucher within the scope of his statutory right of withdrawal.
10) Governing Law
The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the provisions of private international law and the UN Sales Convention. For consumers, this choice of law applies only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
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 territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the place of business of the seller. 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 under 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 participate in a dispute settlement procedure before a consumer arbitration board..