Terms of service
Table of Contents
- Scope
- Conclusion of Contract
- Right of Withdrawal
- Prices and Payment Terms
- Delivery and Shipping Conditions
- Retention of Title
- Liability for Defects (Warranty)
- Redemption of Promotional Vouchers
- Redemption of Gift Vouchers
- Applicable Law
- Jurisdiction
- Alternative Dispute Resolution
1) Scope
1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of EasySleep GmbH (hereinafter referred to as the “Seller”) apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter referred to as the “Customer”) and the Seller with regard to goods displayed by the Seller in its online shop. The inclusion of the Customer’s own terms and conditions is hereby rejected unless otherwise agreed.
1.2 These GTC shall apply accordingly to contracts for the delivery of vouchers, unless otherwise stipulated.
1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their self-employed professional activity.
1.4 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, acts in the course of its commercial or self-employed professional activity.
2) Conclusion of Contract
2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers by the Seller but serve to enable the Customer to submit a binding offer.
2.2 The Customer may submit the offer via the online order form integrated into the Seller’s online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer regarding the goods contained in the shopping cart by clicking the button that completes the ordering process.
The Customer may also submit the offer to the Seller by email, online contact form or telephone.
2.3 The Seller may 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 receipt of the order confirmation by the Customer is decisive;
- by delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer is decisive; or
- by requesting payment from the Customer after the Customer has placed the order.
If several of the above alternatives apply, the contract is concluded at the time when the first of the above alternatives occurs.
The period for acceptance of the offer begins on the day following dispatch of the offer by the Customer and ends upon expiry of the fifth day following dispatch of the offer.
If the Seller does not accept the Customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer, with the consequence that the Customer is no longer bound by their declaration of intent.
2.4 If a payment method offered by PayPal is selected, payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (“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 for payments without a PayPal account, available at:
https://www.paypal.com/de/webapps/mpp/ua/privacywax-full
If the Customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the Seller hereby declares acceptance of the Customer’s offer at the time the Customer clicks the button completing the ordering process.
2.5 If the payment method “Amazon Payments” is selected, payment processing is carried out via Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (“Amazon”), subject to 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, the Customer also issues a payment instruction to Amazon by clicking the button completing the ordering process.
In this case, the Seller hereby declares acceptance of the Customer’s offer at the time the Customer initiates the payment process by clicking the button completing the ordering process.
2.6 When an offer is submitted via the Seller’s online order form, the text of the contract is stored by the Seller after conclusion of the contract and sent to the Customer in text form (e.g. email, fax or letter) after the Customer has submitted the order.
The Seller does not provide any further access to the contract text.
If the Customer created a user account in the Seller’s online shop before submitting the order, the order data will be archived on the Seller’s website and may be accessed free of charge by the Customer via their password-protected user account using the corresponding login details.
2.7 Before submitting a binding order via the Seller’s online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen.
An effective technical means of more easily identifying input errors may be the browser’s zoom function, which enlarges the display on the screen.
During the electronic ordering process, the Customer may correct entries using the usual keyboard and mouse functions until clicking the button that completes the ordering process.
2.8 Different languages are available for the conclusion of the contract. The specific language selection is displayed in the online shop.
2.9 Order processing and contact generally take place by 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 this address.
In particular, when using spam filters, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller to process the order can be delivered.
3) Right of Withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 Further information regarding the right of withdrawal can be found in the Seller’s cancellation policy.
3.3 The right of withdrawal does not apply to consumers who, at the time the contract is concluded, do not belong to a Member State of the European Union and whose sole residence and delivery address are outside the European Union at the time the contract is concluded.
4) Prices and Payment Terms
4.1 Unless otherwise stated in the Seller’s product description, the prices indicated are total prices including statutory VAT.
Any additional delivery and shipping costs are stated separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the Seller is not responsible and which must be borne by the Customer.
These may include, for example, costs for money transfers by financial institutions (e.g. transfer fees, exchange-rate fees) or import duties and taxes (e.g. customs duties).
Such costs relating to money transfers may also arise if the delivery is not made to a country outside the European Union but the Customer makes payment from a country outside the European Union.
4.3 The available payment method(s) will be communicated to the Customer in the Seller’s online shop.
4.4 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract unless the parties have agreed on a later due date.
4.5 If a payment method offered through the “Shopify Payments” payment service is selected, payment processing is carried out via Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (“Stripe”).
The individual payment methods offered through Shopify Payments are communicated to the Customer in the Seller’s online shop.
Stripe may use other payment services to process payments, for which special payment conditions may apply and to which the Customer may be referred separately.
Further information about Shopify Payments is available at:
https://www.shopify.com/legal/terms-payments-de
5) Delivery and Shipping Conditions
5.1 If the Seller offers shipment of goods, delivery will be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed.
The delivery address stated in the Seller’s order processing system is decisive for processing the transaction.
5.2 If delivery of the goods fails for reasons attributable to the Customer, the Customer shall bear the reasonable costs incurred by the Seller as a result.
This does not apply to the original delivery costs if the Customer validly exercises the right of withdrawal.
Regarding return shipping costs, the provisions set out in the Seller’s cancellation policy shall apply if the Customer validly exercises the right of withdrawal.
5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold passes to the Customer as soon as the Seller has delivered the goods to the forwarding agent, carrier or other person or institution designated to carry out the shipment.
If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold generally passes to the Customer only upon delivery of the goods to the Customer or a person authorised to receive them.
By way of exception, even in the case of consumers, the risk passes to the Customer as soon as the Seller has handed the goods over to the forwarding agent, carrier or other person or institution designated to carry out the shipment if the Customer commissioned that forwarding agent, carrier or other person or institution and the Seller did not previously name that person or institution to the Customer.
5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply.
This applies only if the failure to supply is not attributable to the Seller and the Seller has concluded a specific covering transaction with the supplier with due care.
The Seller will make all reasonable efforts to procure the goods.
In the event that the goods are unavailable or only partially available, the Customer will be informed without delay and any consideration already paid will be refunded without delay.
5.5 If the Seller offers the goods for collection, the Customer may collect the ordered goods during the business hours specified by the Seller at the address specified by the Seller.
No shipping costs will be charged in this case.
6) Retention of Title
If the Seller makes advance delivery, the Seller retains ownership of the delivered goods until the purchase price owed has been paid in full.
7) Liability for Defects (Warranty)
Unless otherwise provided below, the statutory provisions governing liability for defects shall apply.
The following deviations apply to contracts for the delivery of goods:
7.1 If the Customer acts as an entrepreneur:
- the Seller shall have the choice of the type of subsequent performance;
- for new goods, the limitation period for defects shall be one year from delivery of the goods;
- for used goods, rights and claims due to defects are excluded;
- the limitation period does not recommence if a replacement delivery is made within the scope of liability for defects.
7.2 The above limitations of liability and reductions of limitation periods do not apply:
- to claims by the Customer for damages and reimbursement of expenses;
- where the Seller fraudulently concealed the defect;
- to goods that have been used for a building in accordance with their customary manner of use and have caused the building to be defective;
- to any obligation of the Seller to provide updates for digital products in contracts for the delivery of goods with digital elements.
7.3 Furthermore, for entrepreneurs, the statutory limitation periods for any statutory right of recourse remain unaffected.
7.4 If the Customer acts as a consumer, the Customer is requested to report goods delivered with obvious transport damage to the delivery service and to inform the Seller thereof.
Failure to do so has no effect whatsoever on the Customer’s statutory or contractual claims for defects.
8) Redemption of Promotional Vouchers
8.1 Vouchers issued free of charge by the Seller as part of promotional campaigns for a specified validity period and which cannot be purchased by the Customer (“Promotional Vouchers”) may only be redeemed in the Seller’s online shop and only during the specified period.
8.2 Promotional Vouchers may only be redeemed by consumers.
8.3 Individual products may be excluded from the voucher promotion if such a restriction results from the contents of the Promotional Voucher.
8.4 Promotional Vouchers may only be redeemed before completion of the ordering process. Subsequent crediting is not possible.
8.5 Only one Promotional Voucher may be redeemed per order.
8.6 The value of the goods must be at least equal to the amount of the Promotional Voucher. Any remaining balance will not be refunded by the Seller.
8.7 If the value of the Promotional Voucher is insufficient to cover the order, one of the other payment methods offered by the Seller may be selected to pay the difference.
8.8 The balance of a Promotional Voucher will neither be paid out in cash nor bear interest.
8.9 The Promotional Voucher will not be refunded if the Customer returns goods paid for wholly or partly with the Promotional Voucher under the statutory right of withdrawal.
8.10 The Promotional Voucher is transferable.
The Seller may discharge its obligation by providing performance to the respective holder who redeems the Promotional Voucher in the Seller’s online shop.
This does not apply if the Seller has knowledge, or grossly negligent lack of knowledge, of the holder’s lack of entitlement, legal incapacity or lack of authority to represent.
9) Redemption of Gift Vouchers
9.1 Vouchers that can be purchased through the Seller’s online shop (“Gift Vouchers”) may only be redeemed in the Seller’s online shop unless otherwise stated on the voucher.
9.2 Gift Vouchers and remaining balances on Gift Vouchers may be redeemed until the end of the third year following the year in which the voucher was purchased.
Remaining balances will be credited to the Customer until the expiry date.
9.3 Gift Vouchers may only be redeemed before completion of the ordering process. Subsequent crediting is not possible.
9.4 Only one Gift Voucher may be redeemed per order.
9.5 Gift Vouchers may only be used to purchase goods and may not be used to purchase additional Gift Vouchers.
9.6 If the value of the Gift Voucher is insufficient to cover the order, one of the other payment methods offered by the Seller may be selected to pay the difference.
9.7 The balance of a Gift Voucher will neither be paid out in cash nor bear interest.
9.8 The Gift Voucher is transferable.
The Seller may discharge its obligation by providing performance to the respective holder who redeems the Gift Voucher in the Seller’s online shop.
This does not apply if the Seller has knowledge, or grossly negligent lack of knowledge, of the holder’s lack of entitlement, legal incapacity or lack of authority to represent.
10) Applicable Law
All legal relationships between the parties shall be governed by the laws of the Republic of Austria, excluding the laws governing the international sale of movable goods.
For consumers, this choice of law shall apply only insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has their habitual residence is not withdrawn.
11) Jurisdiction
If the Customer is a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Republic of Austria, the Seller’s registered office shall be the exclusive place of jurisdiction for all disputes arising from this contract.
If the Customer has its registered office outside the territory of the Republic of Austria, the Seller’s registered office shall be 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 aforementioned cases, however, the Seller shall in any event also be entitled to bring proceedings before the court at the Customer’s registered office.
12) Alternative Dispute Resolution
12.1 The European Commission provides an online dispute resolution platform at 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 involving a consumer.
12.2 The Seller is not obliged to participate in dispute resolution proceedings before a consumer arbitration board but is willing to do so.
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