General Terms & Conditions of bett1.de GmbH
As of: 16th January 2019
§ 1 Scope
(1) The following General Terms & Conditions of Business apply exclusively to the legal relationships established via the web shop between us, i.e. bett1.de GmbH (Tauentzienstr. 11, 10789 Berlin, Germany, e-mail: [email protected], tel.: +49 30 7673172-72; Managing Director: Adam Szpyt), and you.
(2) Any confirmation to the contrary from you, with reference to your own terms & conditions of business or purchasing, is expressly rejected. These shall not become part of the agreement unless we expressly confirm them.
§ 2 Conclusion of the Contract
(1) The presentation of goods in the web shop does not constitute a binding offer by us to conclude a purchase contract. You are merely encouraged in this way to submit your own offer to conclude a contract by placing an order.
(2) By submitting the order in the web shop, you are issuing a binding offer to conclude a purchase contract for the goods contained in the shopping basket.
(3) We confirm receipt of your order by sending a confirmation e-mail. This order confirmation does not yet constitute acceptance of the offer of contract. It serves purely for information that the order has been received by us. Declaration of acceptance of the offer of contract is provided by delivery of the goods or an express declaration of acceptance in the form of an order confirmation.
§ 3 Retention of Title
The goods supplied remain our property until full payment has been made. You are obliged to notify us immediately of attempts by third parties to access the goods supplied that are subject to retention of title.
§ 4 Prices/Due Date
(1) The prices specified for the goods are gross prices. They therefore already include Value Added Tax.
(2) In addition to the purchase price, shipping costs (see § 5) and payment costs (see § 7) may be charged.
(3) Payment of the purchase price and costs is due on conclusion of contract.
§ 5 Shipping Costs
From a total order value of €49.00, shipping inside the Federal Republic of Germany (except its islands) is free of charge. For shipping of orders with a total value below €49.00, the shipping costs within the Federal Republic of Germany (except its islands) is €5.90 per shipment. We ship only within the Federal Republic of Germany and to Austria; islands are excluded from shipping.
§ 6 Deliveries and Restrictions on Deliveries
Delivery of the goods and services ordered is by post or goods vehicle by us, our vicarious agents or a shipping company appointed by us. We are not obliged to unpack, install or assemble, unless this has been agreed separately. We are entitled to make part deliveries provided that this is reasonable for the customer and without charging the customer any additional delivery costs. We reserve the right to group several ordered items into one delivery.
§ 7 Payment Options
(1) Payment can be made in advance to the provider’s account, cash on delivery (cash on delivery only within Germany and up to a total order value of max. €1000.00), by credit card (Visa, Mastercard, American Express), by PayPal, by SOFORT transfer and in Germany and Austria also by Klarna Purchase on Account. There are no additional costs for any of the payment types specified (except cash on delivery).
(2) Payment on Account and Finance
In Germany and Austria, we offer you payment on account and hire purchase as payment options in collaboration with Klarna AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden. Please note that Klarna Payment on Account and Klarna Hire Purchase are available only to consumers within the meaning of Section 8 of these General Terms and Conditions and that payment must be made in either case to Klarna.
Klarna Payment on Account
In the case of payment on account with Klarna, you always receive the goods first and then always have a payment period of 14 days. You will find the full Terms & Conditions for deliveries to Germany here and the full Terms & Conditions for deliveries to Austria here. The online shop charges a fee of €0.00 per order for payment on account with Klarna.
Klarna Hire Purchase
You can pay for your purchase flexibly in monthly instalments of at least 1/24 of the total amount (but at least €6.95) with Klarna’s finance service. You will find further information about Klarna Hire Purchase, including the General Terms & Conditions of Business and the standard European information about consumer credit, here.
Data Protection Notice
Klarna checks and evaluates the data you provide and exchanges data with other companies and credit agencies if there is a legitimate interest and reason to do so. Your personal details are handled in accordance with applicable data protection provisions and with the information in Klarna’s Data Protection Policy for Germany and Austria.
(3) Payment by Gift Voucher
Payment can also be made by using a valid bett1.de gift voucher. Mattresses, mattress toppers and slatted frames in special sizes, that are not part of our regular product range, are excluded from payment by bett1.de gift voucher.
If a customer has made a purchase by using a bett1.de gift voucher partially and is making use of the right of cancellation for consumers (§ 8) or the additional right of return for consumers (§ 9), the full purchase price is refunded to the bank account used for the purchase. If the entire purchase was made by using a bett1.de gift voucher, the refund will be made to a bank account specified by the customer.
§ 8 Right of Cancellation for Consumers
If you order as a consumer – that is, as a natural person who concludes the contract for purposes which cannot be associated with either their commercial or independent professional activities – you have a right of cancellation, information about which is provided below:
Right of Cancellation for Consumers
You have the right to cancel this contract within fourteen days without specifying the reasons.
The cancellation period is fourteen days from the date on which you or a third party appointed by you, but who is not the carrier, take(s) possession of the last item.
In order to exercise your right of cancellation, you must notify us (bett1.de GmbH, Tauentzienstr. 11, 10789 Berlin, Germany, e-mail: [email protected]) of your decision to cancel this contract by means of a clear statement (e.g. a letter sent by post or by e-mail). You can use the attached cancellation form, but this is not mandatory.
In order to comply with the cancellation period, it is sufficient to send off the notification of your intention to exercise your right of cancellation before the cancellation period has expired.
Consequences of Cancellation
If you cancel this contract, we must refund to you all payments that we have received from you, including delivery costs (with the exception of any additional costs that result from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days of the date on which we receive notification of your cancellation of this contract. We use the same payment method for this refund as the one you used for the original transaction, unless a different arrangement has been expressly agreed with you; you will not incur charges for this refund under any circumstances.
We shall collect the goods. If the collection address is within the Federal Republic of Germany (except its islands), we shall meet the costs of returning the goods. If the collection address is outside the Federal Republic of Germany or on a German island, you shall meet the direct costs of returning the goods. These are, for goods that by their nature cannot be returned by standard post, for return from Austria €69.00/item. For collection of such goods from a Member State of the European Union not mentioned in the previous sentence or from an island, we charge €115.00/item, from elsewhere abroad €159.00/item. You will have to pay for any loss in value of the goods only if this loss in value is the result of handling them in a way not required to check their quality, characteristics and functioning.
Cancellation Form for Consumers
(If you wish to cancel this contract, please complete and return this form.)
- I/we (*) hereby cancel the contract concluded with me/us (*) for the purchase of the following goods (*)/provision of the following service (*)
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only in the case of notification on paper)
(*)Delete as appropriate.
§ 9 Additional Right of Return for Consumers („100 Night Trial“)
If consumers purchase a BODYGUARD® Mattress, they have an additional right of return beyond the statutory cancellation period of 14 days. If you are not satisfied with the mattress delivered, you may demand return of it within 100 days of receipt by sending an e-mail to [email protected] We or a shipping company appointed by us will agree a collection date with you.
Collection within Germany (except for its islands) is free of charge. For collection from Austria we charge €69.00/item. For collection from an island or from a Member State of the European Union not mentioned in the previous sentence, we charge €115.00/item, from elsewhere abroad €159.00/item.
The BODYGUARD® Mattress does not have to be repacked in the box it came in for collection. If the protective film has been kept, this can be wrapped loosely around the BODYGUARD® Mattress. Usually, however, the shipping company will bring packaging material, as special regulations apply to the transport of hygiene articles. If an agreed collection fails twice for reasons for which you are responsible, the additional right of return is deemed not to have been exercised.
When we receive the mattress, we shall refund the purchase price to you. We bear the risk of loss of the mattress during its return. If you are only able to return the mattress to us in a damaged state, we reserve the right to claim compensation for loss of value.
In all cases, the additional right of return exists alongside your statutory right of cancellation and is without prejudice to any warranty claims. If you make use of your statutory right of cancellation or demand return within the statutory cancellation period (see above), the provisions about the consequences of exercising the statutory right of cancellation apply, notwithstanding the above regulations. Please see the cancellation notice (above) for further details.
§ 10 Warranty
The warranty rights are determined by the general statutory regulations, unless specified otherwise below.
§ 11 Offsetting
The customer has the right to offset only if the claim against which he wishes to offset has been legally established or is uncontested.
§ 12 Applicable Law & Place of Jurisdiction
(1) The contractual relationships between the provider and the customer are governed by the law of the Federal Republic of Germany. Excepted from this are any mandatory consumer protection regulations of the country in which the consumer has his habitual place of residence. Application of the UN Convention on the International Sale of Goods is excluded.
(2) The place of jurisdiction for all disputes arising from the contractual relationship between the customer and the provider is the registered office of the provider if the customer is a merchant, a legal person under public law or a special fund under public law.
§ 13 Severability Clause
If a provision of these General Terms & Conditions of Business is invalid, the validity of the remaining provisions is not affected.
§ 14 Reference to § 36 of the German Consumer Dispute Resolution Act (VSBG)
bett1.de GmbH does not participate in any dispute resolution proceedings before a consumer dispute resolution body.
§ 15 European Online Dispute Resolution (Complaints Procedure)
Online dispute resolution pursuant to Art. 14 (1) of the Regulation on Online Dispute Resolution (ODR-VO): The European Commission provides a platform for online dispute resolution (ODR), which you will find under ec.europa.eu/consumers/odr/.