General terms and conditions
A. General Terms and Conditions
1. Scope of application
1.1. These terms and conditions of SUNDAY IN BED - Ina Solbach (hereinafter referred to as "Seller") apply to all contracts that a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with the Seller regarding the goods and/or services presented by the Seller in his online shop. The inclusion of the Customer's own terms and conditions is hereby contradicted, unless otherwise agreed.
1.2. A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for a purpose that cannot be attributed to either their commercial or their independent professional activity. An entrepreneur within the meaning of these General Terms and Conditions is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
2. Conclusion of Contract
2.1. The product descriptions contained in the seller's online shop do not constitute binding offers on the part of the seller, but serve to submit a binding offer by the customer.
2.2. The customer can submit the offer by telephone, in writing, by fax, by email or via the online order form integrated in the seller's online shop. When ordering via the online order form, the customer submits a legally binding contract offer in relation to the goods contained in the shopping cart after entering his or her personal data and clicking the "Complete order" button in the final step of the ordering process.
2.3. The seller can accept the customer's offer by means of a written (letter) or electronically transmitted (fax or email) order confirmation or by delivering the goods. The seller is entitled to refuse acceptance of the order.
2.4. Order processing and contact are usually carried out via email and automated order processing. The customer must ensure that the email address provided by him 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. Cancellation policy / right of cancellation
3.1 The customer can revoke his contractual declaration within 14 days without giving reasons in text form (e.g. letter, fax, email) or - if the item is given to him before the deadline expires - also by returning the item. The period begins after receipt of this instruction in text form, but not before receipt of the goods by the recipient (in the case of recurring deliveries of similar goods, not before receipt of the first partial delivery) and also not before fulfillment of our information obligations in accordance with Article 246 § 2 in conjunction with § 1 Paragraph 1 and 2 EGBGB and our obligations in accordance with § 312 g Paragraph 1 Sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. To comply with the cancellation period, it is sufficient to send the cancellation or the item in good time. The cancellation must be sent to:
SUNDAY IN BED, ZWÖNITZER STRASSE 17, 09481 ELTERLEIN / EMAIL: office@sundayinbed.de.
3.2. Consequences of revocation: In the event of an effective revocation, the services received by both parties must be returned and any benefits derived (e.g. interest) must be surrendered. If the customer is unable to return or surrender the service received and benefits (e.g. benefits of use) or only partially or only in a deteriorated condition, he must pay compensation for the value. He must only pay compensation for the deterioration of the item and for benefits derived if the use or deterioration is due to handling of the item that goes beyond checking its properties and functionality. “Checking the properties and functionality” means testing and trying out the respective goods, as is possible and usual in a store, for example.
3.3. Items that can be shipped by parcel service must be returned at the seller's risk. The customer is responsible for the regular return shipping costs. (§ 357 para. 6 BGB).
Obligations to reimburse payments must be fulfilled within 30 days. For the customer, the period begins when he sends his declaration of withdrawal or the item, and for the seller when he receives it.
To make it easier for the customer to return the item, a return form will be enclosed with the shipment, which can be used when returning the item.
End of cancellation terms
3.4. In the event of cancellation pursuant to Section 312d Paragraph 1 Sentence 1 of the German Civil Code (BGB), the customer shall bear the regular costs of return shipping.
3.5. For returns from abroad, the customer must bear the return costs themselves.
3.6. Exclusion of the right of withdrawal: The right of withdrawal does not apply to distance selling contracts for the delivery of goods which are manufactured according to customer specifications, orders in special sizes or those which are clearly tailored to personal needs or which, due to their nature, are not suitable for return.
4. prices and payment conditions
4.1. The prices stated by the seller are final prices and include the statutory German sales tax. Any additional delivery and shipping costs are stated separately in the respective product description.
4.2. For deliveries within Germany, the seller offers the following payment options, unless otherwise stated in the respective product description:
– Prepayment via the payment service provider PayPal
– Credit card (Visa, Mastercard)
4.3. If shipping abroad is also offered for the respective article, the customer has the following payment options for deliveries abroad, unless otherwise specified in the respective product description:
– Prepayment via the payment service provider PayPal
– Credit card (Visa, Mastercard)
4.4. 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 include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties).
4.5. If payment in advance has been agreed, payment is due immediately after conclusion of the contract.
4.6. If the payment method is selected by direct debit and the customer's bank details are transmitted, the seller is revocably authorized to collect the invoice amount from the customer's specified account. The direct debit is made when the ordered goods leave the seller's warehouse. If the direct debit is not honored due to insufficient funds in the account or due to incorrect bank details being provided, or if the customer objects to the debit although he is not entitled to do so, the customer must bear the fees incurred by the respective credit institution for the chargeback if he is responsible for this.
4.7. If the payment method selected is credit card, the Customer's credit card account will be charged immediately after acceptance by the Seller in accordance with Section 2.3 of the Seller's General Terms and Conditions (see above).
5. Shipping Conditions
5.1. Goods are usually delivered by post to the delivery address provided by the customer. When processing the transaction, the delivery address provided by the seller during order processing is decisive. In contrast to this, if PayPal is selected as the payment method, the delivery address provided by the customer to PayPal at the time of payment is decisive.
5.2. If the transport company returns the shipped goods 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 exercises his right of return by refusing to accept the goods, if he is not responsible for the circumstances that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller had announced the service to him a reasonable time in advance.
6. liability for defects
The statutory liability for defects applies.
7. Applicable law, place of jurisdiction, contract language
7.1. The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer is habitually resident.
7.2. 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 seller's place of business. 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 bring the case before the court at the customer's place of business.
7.3. The contract language is German.
B. Customer information
1. Identity of the seller (NOT RETURN ADDRESS)
SUNDAY IN BED
INA SOLBACH
RAIFFEISENSTRASSE 2
83629 WEYARN
TEL 0152. 59912116
OFFICE@SUNDAYINBED.DE
VAT ID: DE 812 152 624
2. Essential characteristics of the goods or services
The essential characteristics of the goods or services arise from the respective product description provided by the seller.
3. Conclusion of the contract
The contract is concluded in accordance with Section 2 of the Seller's General Terms and Conditions (see above).
4. Payment and Delivery
Payment is made in accordance with Section 4, delivery in accordance with Section 5 of the Seller's General Terms and Conditions (see above).
5. Technical steps leading to the conclusion of the contract
The contract is concluded by offer and acceptance.
5.1. If the customer uses the seller's online order form to place his order, he submits his offer as follows:
5.1.1. On the seller's product offer page, the customer first clicks on the "add to shopping bag" button. A new page then opens, displaying the contents of the shopping cart.
5.1.2. Now the customer clicks on the "Complete order" button in the second step, either directly or after placing further goods in the virtual shopping cart. If the customer was not yet registered and logged in, a new page opens. On this page, the customer must either register and open a customer account, register for a guest order, or log in if they are already registered as a customer. If they are already registered as a customer, they fill in the "Your email address" and "Your password" fields and then click on the "Log in" button. If they are not yet registered as a customer, they click on the "Register now" button. They then click to select whether they want to open a customer account or just place a guest order. They then fill out the form and click on the "Next" button. A new page then opens, showing the billing address and delivery address and giving them the option to edit the addresses or add further addresses.
5.1.3. Now the customer clicks on the “Next” button in the third step, either directly or after editing or adding addresses.
5.1.4. A new page opens, where the customer can select the payment option he wants by clicking on it in the fourth step.
5.1.5. In the fifth step, the customer clicks on the “Next” button. A new page then opens which summarizes the order details.
5.1.6. In the sixth step, the customer clicks the box “I hereby accept the data protection provisions and general terms and conditions and confirm that I have read the following cancellation policy”.
5.1.7. In the seventh step, the customer clicks again on the button “Complete order”.
5.2 Acceptance by the Seller shall be subject to clause 2.3 of the Seller’s General Terms and Conditions (see above).
6. Storage of the contract text
The contract text is saved by the seller and sent to the customer after sending his order together with these general terms and conditions and customer information in text form (e.g. email, fax or letter). In addition, the contract text is archived on the seller's website and can be accessed free of charge by the customer via his password-protected customer account by entering the relevant login data, provided that the customer has created a customer account in the seller's online shop before sending his order.
7. Technical means to detect and correct input errors
Before the order is placed, the customer can correct his entries at any time using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the order is placed and can also be corrected there using the usual keyboard and mouse functions.
8. Languages available at the time of conclusion of the contract
Only the German language is available for the conclusion of the contract.
ALTERNATIVE DISPUTE RESOLUTION ACCORDING TO ART. 14 PARA. 1 ODR-VO AND § 36 VSBG:
The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr. We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.