General terms and conditions
General terms and conditions
Purchase agreement for a movable thing (purchase of consumer goods)
Section 1 Scope and Contractual Basis
(1) The following sales conditions shall apply to the purchase agreement for the delivery of goods concluded between you as buyer and us as seller.
(2) All agreements made between you and us in connection with the purchase agreement arise, in particular, from these sales conditions, our written order confirmation and our declaration of acceptance.
(3) Illustrations or drawings included in our brochures, advertisements and other offer documents are only approximate, unless the information contained therein has been expressly designated by us as binding.
Section 2 Conclusion of the Agreement
(1) The presentation of goods in our online shop does not constitute a binding request to conclude a purchase agreement.
It is rather a non-binding invitation to order goods in the online shop.
(2) By clicking on the "Order" button, you submit a binding purchase offer (Section 145 of the German Civil Code).
(3) Upon receipt of the purchase offer you will receive an automatically generated e-mail with which we confirm that we have received your order (confirmation of receipt). This confirmation of receipt does not constitute the acceptance of your purchase offer. An agreement is not yet concluded by the confirmation of receipt.
(4) An agreement for the purchase of goods shall not come into force unless we expressly declare the acceptance of the purchase offer, send you a pro-forma invoice or dispatch the goods to you – without the previous express declaration of acceptance.
Section 3 Prices and Payment
(1) Our prices include packaging costs and the statutory value added tax; delivery and shipping costs, however, are included in our prices only if a separate agreement has been made with you. In the event that you revoke the declaration of intent to conclude a purchase agreement referred to in more detail in the notice of revocation below, you have to bear the regular costs of returning the goods.
Please return the goods to us in their original packaging.
(2) Unless agreed otherwise with you in writing, the purchase price owed by you shall be paid without deduction within 30 days after our invoice has been received by you.
(3) If you are in default with payment, we are entitled to demand from this date an interest of 5 % over the basic rate of the European Central Bank (ECB). We reserve the right to provide evidence for higher damages.
Section 4 Offsetting; Right of Retention
You are entitled to set off against our claims only if your claims have been established to be legally binding, if we have recognized them or if your claims are undisputed. You are also entitled to set-off against our claims if you assert defects or counterclaims from the same purchase agreement. You as buyer may exert the right of retention only if your counterclaim is based on the same purchase agreement.
Section 5 Period of Delivery and Performance
(1) Our delivery dates or delivery periods are only indicative unless these have been explicitly agreed upon as binding between you and us.
(2) Four weeks after exceeding a non-binding delivery date or a non-binding delivery period you can urge us in writing to deliver within an appropriate period. If we culpably fail to meet the date of delivery expressly agreed upon as binding or a delivery period expressly agreed upon as binding, or if we are in default for another reason, you must grant us a reasonable grace period to fulfil our performance.
If we allow this period of grace elapse fruitlessly, then you are entitled to revoke the purchase agreement.
(3) Subject to the limitations under the following Section 5, we are further liable towards you under the statutory provisions if the agreement constitutes a transaction for delivery at a fixed date or if you are entitled to invoke the discontinuance of your interest in the performance of the agreement due to any delay in delivery attributable to us.
(4) We are entitled to partial deliveries and part performances at any time, provided that this is reasonable for you.
§ 5 Rights in Case of Default and Defects; Liability
(1) If the delivered item fails to have the quality agreed upon between you and us or if it is not suitable for the expected or general use in accordance with our agreement, or if it fails to have the properties you could expect under our public statements, we are obliged to cure. This shall not apply if we are entitled to refuse cure due to statutory provisions.
(2) Cure shall be, at your choice, by the rectification of the defect (remedy) or by the supply of new goods. You must grant us a reasonable period for cure. You are not entitled to reduce the purchase price during cure or to revoke the agreement. If our remedy is unsuccessful after the second attempt, it is deemed to have failed. If cure has failed, you are entitled, at your choice, to reduce the purchase price or to revoke the agreement.
(3) You may assert claims for damages because of a defect only if cure has failed. This shall not affect your right to assert further claims for damages in accordance with statutory provisions.
Section 6 Retention of Title
The goods delivered (reserved goods) remain our property until all claims arising from the agreement have been paid in full.
Section 7 Final provision, Applicable Law
This contract shall be governed by the laws of the Federal Republic of Germany. The application of the UN Sales Convention is excluded.
Right of Revocation
You can revoke your contractual statement in writing (e.g., letter, fax, e-mail) within 14 days without giving any reason, or - if the item is at your disposal before the end of the deadline - also by returning the item. The deadline commences after receiving this notice in writing, but not before the receipt of the goods by the consignee (in the case of recurring delivery of similar goods not before the receipt of the first partial delivery) and also not before the fulfilment of our information obligations pursuant to Art. 246 Section 2 in conjunction with Section 1 (1) and (2) of EGBGB. The deadline can be met by sending the revocation notice or the item in good time. The revocation is to be addressed to: email@example.com
Consequences of Revocation
In the event of an effective revocation, the services already received by both parties and the derived benefits (e.g. interest), if any, shall be returned. If you are unable to return to us the service received as well as the benefits (e.g. advantage of use) in whole or in part, or only in a deteriorated state, you shall be obliged to compensate us for any depreciation in value. You are obliged to compensate the deterioration of the item and the derived benefits only insofar as the benefits, or the deterioration, go beyond the testing of the properties and functions. "Testing of properties and functions" shall mean the testing and trying out of the respective goods as is usually possible and customary in the shop. Items fit for package are to be returned at our risk. You have to bear the regular costs of return shipment if the delivered goods correspond to the ordered ones and if the price of the returned item does not exceed the amount of EUR 40, or if, in the case of a higher price of the item, you have not yet provided the consideration or contractually agreed partial payment at the time of the revocation. In all other cases, returns are free of charge for you. Obligations to reimburse payments must be fulfilled within 30 days. The deadline shall commence for you with the sending of your declaration of revocation or the item, for us upon their receipt.
Right of Return
You can return the received goods within 14 days by sending the goods back without stating any reason. The deadline commences after you receive such notice in writing (e.g. as a letter, e-mail), but not before the receipt of the goods. Only in the case that goods are not dispatchable as a package (e.g. bulky goods) can you demand the return with a return request in text form. The timely return of the goods is sufficient to meet the deadline for returning. In any case, the return is at our expense and risk. The return or the return request shall be addressed to: firstname.lastname@example.org / Space 4 Sleep UG, Abbestrasse 17,
Consequences of Return
In the case of an effective return, the services already received by both parties and the derived benefits (e.g. interest), if any, shall be returned. If you are unable to return to us the service received as well as the benefits (e.g. advantage of use), in whole or in part or in a deteriorated state, you shall be obliged to compensate us for any depreciation in value. You are obliged to compensate the deterioration of the item and the derived benefits only insofar as the benefits, or the deterioration, go beyond the testing of the properties and functions. "Testing of properties and functions" shall mean the testing and trying out of the respective goods as is usually possible and customary in the shop Obligations to reimburse payments must be fulfilled within 30 days. The deadline shall commence for you with the dispatch of the goods or the declaration of revocation, for us upon their receipt.