General Terms and Conditions (GTC) for end users


For all business relationships that come about between Smart Sleep GmbH, Alte Gießerei 2, 40699 Erkrath, and you, the following terms and conditions apply exclusively in the version valid at the time of your order. Deviating conditions do not apply, unless we expressly agree to them. Individual agreements between us always have priority.


§ 1 Order and conclusion of contract

1. Any representations of our products on our website at www.smartsleep.de (hereinafter "Shop") do not constitute a binding offer to conclude a sales contract. After entering your personal data and clicking on the button "Order for payment" in the final step of the ordering process Make a binding order for the goods in your shopping cart. The confirmation of receipt of the order follows immediately after the order has been sent. The purchase contract is concluded with our order confirmation or delivery of the goods.

2. About our shop are only orders in commercial quantities and end consumers possible.


§ 2 prices, shipping costs and payment terms

1. For your order, the price shown in our order form applies. All prices are in EURO (EUR) including VAT.

2. The prices are exclusive of shipping and any COD charges. The shipping costs for deliveries within Germany 3.90 EUR. From 60, - EUR order value there are no shipping costs.
Delivery to other countries is possible. The shipping costs for deliveries abroad can be found here: Deliveries to other countries

3. You can pay by credit card (Mastercard, Visa), by PayPal, by direct debit or by prepayment (bank transfer). You will be redirected to the appropriate external websites of the payment processors for the purposes of payment processing. The payment is deemed to have been made on the day on which we can freely dispose of the invoice amount. With SEPA direct debit, the invoice amount is deducted from the customer's account a maximum of 7 days after the invoice date.

4. You are only entitled to set-off if your counterclaim is undisputed, recognized by us or legally established. You are only entitled to exercise a right of retention insofar as your counterclaim is based on the same contractual relationship.


§ 3 Delivery, Transfer of Risk, Retention of Title

1. We deliver the goods ordered by you with a parcel service to the delivery address specified by you to your doorstep. The countries to which we ship our products can be viewed on the website under "Terms of Delivery and Payment".

2. Delivery times are indicated on the order page in the respective product description. All on the order or otherwise agreed delivery periods begin, (a) if delivery against payment in advance or direct debit has been agreed, the day after receipt of the invoice amount on our account or (b) if other payment on the day the order is received by us.

3. Delivery periods shall be extended appropriately in the event of force majeure, labor disputes, non-delivery, incorrect or late delivery by a subcontractor, for whatever reason (self-supply reservation) as well as unforeseen obstacles beyond our control, as far as such obstacles can be proven the completion or delivery of the ordered goods are of influence. This also applies if the circumstances occur at a subcontractor. The aforementioned circumstances are not our responsibility even if they arise during an already existing default. The duration of the obstacle will be communicated to you as soon as possible. If, as a result of the delay, acceptance of the delivery is unreasonable for you, you have the right to withdraw from the contract by immediate written declaration. If it is a permanent obstacle that makes the delivery impossible or unreasonable for us, we are entitled to withdraw from the contract in whole or in part.

4. We are entitled to partial deliveries, unless otherwise agreed and this is reasonable for you. Any additional costs will not arise.

5. The risk of accidental loss and accidental deterioration of the goods passes to the transfer to you.

6. The delivered goods remain our property until receipt of the full purchase price.


§ 4 Right of Withdrawal

1. You are entitled to a right of withdrawal in accordance with the statutory provisions. The right of withdrawal does not apply to contracts for the delivery of sealed goods which, for reasons of health or hygiene, are not suitable for return if their seal has been removed after delivery.

2. We inform you about your right of revocation as follows:

 

Cancellation Terms


Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the last goods. To exercise your right of withdrawal, you must contact us

Smart Sleep GmbH
Alte Gießerei 2
40699 Erkrath
E-Mail: info@smartsleep.de
Telephone: +49 (0) 211 - 950 744 0

by means of a clear statement (such as a letter sent by post or e-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form, which is not required. In order to maintain the cancellation period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of the cancellation

If you withdraw from this Agreement, we will have all payments we have received from you, including delivery charges (except for the additional costs associated with choosing a delivery other than the cheapest standard delivery we offer). to repay immediately and at the latest within fourteen days from the date on which the notice of cancellation of this contract has been received by us. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you; In no case will you be charged for this repayment fees.

We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return the goods to us immediately and in any event not later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the deadline of fourteen days. You bear the immediate costs of returning the goods.

You only have to pay for a possible loss in value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functioning of the goods.

 

3. Sample withdrawal form

Model withdrawal form

(If you want to cancel the contract, please fill out this form and send it back.)

  • At
    Smart Sleep GmbH, Alte Gießerei 2, 40699 Erkrath, info@smartsleep.de:

  • I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods

_____________________________________________________________

  • Ordered on (*) / received on (*) _____________________________________

  • Name of the consumer (s) _____________________________________

  • Address of the consumer (s) ___________________________________

__________________________________________

  • Signature of the consumer (s) (only when notified on paper)

  • Date ________________________

___________________

(*) Delete as appropriate.

§ 5 Warranty rights, scope of liability

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

2. We are fully liable for damages based on intent or gross negligence as well as culpable injury to life, body or health. Unrestricted also applies the mandatory liability under the Product Liability Act.

3. We shall continue to be liable insofar as we culpably violate a contractual obligation whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance you as a customer can regularly rely (essential contractual obligation); however, in the case of a negligent breach of a material contractual obligation, the liability for damages is limited to the foreseeable, typically occurring damage.

4. In addition, any further liability is excluded. Insofar as 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.

 

§ 6 processing of your data

1 We store and use the data disclosed to us within the scope of your order (for example name, address, e-mail address, ordered goods, payment details) exclusively for the purpose of fulfilling our contract with you. We will send your name and address to the parcel service responsible for the delivery, as far as this is necessary for the delivery.

2. In the context of legal requirements, you may, among other things, request the deletion, correction or blocking of your data stored by us. Upon request, you will receive information about all data stored by us free of charge at any time.

3 Further information on data protection can be found in the privacy policy on our website.

 

§ 7 Other provisions

1. German law applies excluding the UN sales law and the regulations of international private law.

2. Jurisdiction is Frankfurt / Main, as far as you do not have a general jurisdiction in Germany or your residence or habitual residence at the time of the action is not known.

3. If any provision of these terms and conditions be wholly or partially invalid, the validity and validity of the remaining provisions shall remain unaffected. In place of the invalid provision, the respective statutory provisions. The same applies in the case of a regulatory gap.

4. An online platform for online dispute resolution is available at http://ec.europa.eu/consumers/odr/.

5. We are neither willing nor obliged to an alternative dispute resolution before a consumer arbitration board.



As of September 2018