General Terms and Conditions

Terms and Conditions

The following general terms and conditions (AGB) apply from 01.10.2020 for all deliveries of goods and other services provided based on orders through our online shops at www.mister-sandman.de or www.mistersandman.de. 

 

  1. Contract conclusion

1.1: The presentation of the items in our shop does not constitute a legally binding offer, but rather an informal online catalog. By clicking the "Buy" button, you place a binding order for the items in the shopping cart (= contract offer).

1.2: After completing the ordering process, you will automatically receive a confirmation from us via email that your order has been received. The order confirmation does not constitute acceptance of your contract offer; rather, a contract is only concluded upon confirmation of the order, through invoicing, or through delivery of the goods.

1.3: The language available for the conclusion of the contract is exclusively German, regardless of the order or delivery location.

 

  1. Prices and shipping costs

2.1: All prices stated are final prices (gross prices). They include the statutory value-added tax.

2.2: For deliveries within Germany, France, and the Netherlands, we cover the packaging and shipping costs for you, so these are already included in the final price. For deliveries outside of Germany, France, and the Netherlands, additional packaging and shipping costs will apply. For orders from abroad, the following shipping costs apply per package:

Austria, Luxembourg, Belgium, Denmark

      5€

Czech Republic, Hungary, Italy, Poland

     7.50€

Slovakia, Slovenia, Sweden, Spain

     15€

Finland, Portugal, Estonia

     19€

Latvia, Lithuania, Liechtenstein

     29€

Switzerland

     50€

 

  1. Shipping conditions and delivery times

3.1: The specified delivery time for each item in working days (= all days from Monday to including Friday, excluding public holidays) begins to run upon receipt of the purchase price payment by us.

3.2: If the delivery of the ordered goods does not succeed on the first delivery attempt, the execution of further delivery attempts is governed by the guidelines of the respective commissioned parcel service. We are happy to provide you with the guidelines of the parcel service used upon request. If the delivery attempt ultimately fails due to your fault, we can withdraw from the contract. Any payments made will be refunded to you immediately.

 

  1. Transfer of risk / Place of performance

4.1 For customers who are consumers, the risk of accidental loss or accidental deterioration of the sold goods also passes to the consumer or a recipient designated by him only upon delivery of the goods. Delivery is deemed to have occurred if the consumer is in default of acceptance. A consumer is any natural person who enters into a legal transaction for purposes that are not attributable to either commercial or independent professional activities.

4.2: If the customer is not a consumer, the exclusive place of performance for all contracts is our business location, and the risk passes to these customers as soon as we or one of our suppliers has handed over the goods to be shipped to the person responsible for transport or the shipment has left our warehouse or that of our vicarious agents. Any claims for damages against the transport company are already assigned to the customer.

 

  1. Retention of title

The goods remain our property until all claims have been fully paid. Before the transfer of ownership, a pledge, security transfer, processing, or alteration without our consent is not permitted.

 

  1. Withdrawal instruction

Right of withdrawal

If you are a consumer, you have the right to revoke this contract within fourteen days without giving any reasons. 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 taken possession of the last goods. If you are not a consumer, you do not have a right of revocation, even if reference is made to a possible right of revocation during the ordering process or this is presented as part of the offer.

To exercise your right of withdrawal, you must inform us (Mister Sandman GmbH, Kugelbreite 30, 33154 Salzkotten, Tel. +49 152 13 41 65 44, E-Mail: kundenservice@mister-sandman.de) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax, or email). You can use the following sample withdrawal form for this purpose, but it is not mandatory.

To meet the withdrawal deadline, it is sufficient that you send the notification of exercising the right of withdrawal before the withdrawal period expires.

Consequences of withdrawal

If you revoke this contract, we will refund you all payments we have received from you, including delivery costs (except for additional costs resulting from your choice of a delivery method other than the least expensive standard delivery offered by us), without delay and no later than fourteen days from the day on which we receive the notification of your revocation of this contract. For this refund, we will use the same payment method that you used for the original transaction, unless something else has been expressly agreed with you; in no case will you be charged any fees for this refund. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.

You must return the goods immediately and in any case no later than fourteen days from the day you inform us of the revocation of this contract to Bönning + Sommer, Bernhardusstraße 48,
34414, Warburg, to be returned or handed over. The deadline is met if you send the goods before the expiry of the fourteen-day period. You bear the direct costs of returning the goods. Excluded from this are the product series Anea, Serena, or Liara, for which we bear the return shipping costs.

You only have to pay for any loss in value of the goods if this loss in value is due to handling them beyond what is necessary to check their condition, properties, and functioning.

 

End of the revocation instruction

 

Sample revocation form

 

(If you wish to revoke the contract, you can use this form and return it to us filled out:)

To Mister Sandman GmbH
Ball width 30
33154 Salzkotten
Tel. +49 152 13 41 65 44
E-Mail: hello@mister-sandman.de

 

I 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)

 

_______________________________

 

- Date:

 

_______________________________

 

- Signature of the consumer (only for notification on paper):

 

_______________________________

 

 

(*) Please cross out what does not apply.

 

  1. Return processing

We are happy to handle the return of the goods for you at a cost within the framework of the cancellation. Excluded from this are of course the product series Anea, Serena, and Liara, for which we bear the return costs. The costs for the return processing are as follows:

  • Germany: 20 € (originally packed)
  • Germany: Package pickup of unpacked goods from 25 € (for mattresses of size 80x200cm)
  • EU countries: Package pickup from 40 € (for mattresses of size 80x200cm)
  • Non-EU (Switzerland): Package pickup from 80€ (for mattresses of size 80x200cm)
  • 80 € for shipping pickups within Germany
  • 150 € for shipping pickups in EU countries
  • 200 € for shipping pickups in countries not belonging to the EU (e.g. Switzerland)

For other sizes, we will gladly inform you of the costs in advance. If we do not adequately respond to the inquiry, market-standard costs will apply.

 

  1. Warranty

8.1: We are liable for defective goods in accordance with the statutory liability for defects after delivery or acceptance.

8.2: Commercially customary or technically unavoidable deviations in dimensions, patterns, colors, quality, etc. of the goods do not constitute a defect.

- Sizes for textile goods are edge sizes. The standard commercial tolerance of +/- 3% applies;

  • Mattress sizes are always approximate sizes. The standard commercial tolerance of +/- 3% applies.

8.3: Liability for defects is excluded if the error is based on the use of the goods contrary to the care instructions.

8.4: We only bear the costs of returning goods if the return has been approved by us in writing. This does not exclude the possibility of withdrawal in accordance with the provisions of these GTC.

8.5: If it is determined in the context of liability for defects that there was no defect for which we are responsible, the customer must bear the costs incurred by us in the context of the defect examination, including any transport costs.

 

  1. Warranty

9.1: We grant an extended warranty of a total of 10 years on the Mister Sandman mattress cores within Germany, independent of the statutory warranty of 2 years, which is assessed according to the following provisions. This warranty applies to newly produced mattresses from the factory that were purchased through our homepage www.mister-sandman.de or www.mistersandman.de. The purchase of the mattress must be proven by a purchase receipt.

9.2: Warranty claims exist in the case of:

  • a visible sagging of at least 2.5 cm at the deepest point, resulting from a material defect or manufacturing error;
  • a tearing or breaking of the foam, which occurs despite proper use and handling and is demonstrably caused by physical weak points.

9.3: A defect must be reported to us in writing immediately after becoming aware of it, within the warranty period. We have the right to fulfill your warranty claim either by repair, replacement of the mattress, or refunding the purchase price.

9.4: In the first two years after purchase, there is a full warranty. From the third year of use, the warranty decreases to 80 percent of the original purchase price. From the 4th year, the warranty decreases by 10 percent of the proven purchase price each year. After 10 years from the date of purchase, the warranty period ends in any case.

9.5: Warranty claims do not apply in cases of:

  • deviations of up to 3% from the dimensions stated in the online shop,
  • commercial use (e.g. hotels);
  • comfort preferences;
  • normal reduction in firmness due to natural wear of the materials,
  • natural wear and tear, especially of the mattress cover and discoloration of the foams;
  • improper use and treatment of the mattress and the resulting damages such as e.g. cracks, burn marks, cuts, damage from liquids, torn handles, wrinkles, defective zippers or seams, soiling, and consequential damages resulting from these;
  • cleaning the cover at excessively high temperatures;
  • the use of the mattress outdoors, in a damp environment, or on the floor, and any resulting formation of mold spots and/or mildew.

9.6: In the event of a warranty claim, we reserve the right to ask you to return the claimed goods to us for inspection by the manufacturer regarding the defects you reported. If a defect covered by our warranty is found during this inspection, we will reimburse you for the return shipping costs. This does not apply in the case of an exchange out of goodwill.

9.7: The warranty period runs independently of any subsequent improvements or exchanges and is not extended due to corresponding services.

9.8: The statutory warranty remains unaffected by the guarantee.

 

  1. Limitation of Liability

10.1: We are liable for intent and gross negligence and for the absence of guaranteed properties to the extent of the foreseeable damage.

10.2: Liability for initial inability and the fault of vicarious agents is limited to the remuneration payable for the creation of the goods.

10.3: We are only liable for slight negligence if a duty is violated, the observance of which is of particular importance for achieving the purpose of the contract (cardinal obligation). Liability is limited to the amount of the remuneration.

10.4: Liability under the Product Liability Act remains unaffected.

10.5: The preceding regulations also apply to our legal representatives, executives, as well as employees and subcontractors.

 

  1. Promotional Vouchers

11.1: Promotional vouchers are vouchers that cannot be purchased but are issued by us as part of advertising campaigns with a specific validity period.

11.2: Promotional vouchers can only be redeemed during the specified period and only once within the framework of an ordering process. A subsequent crediting is not possible. The promotional voucher cannot be transferred to third parties. Individual categories or items may be excluded from the voucher promotion. Promotional vouchers cannot be used for the purchase of gift vouchers. Multiple promotional vouchers cannot be combined unless we have agreed otherwise. Furthermore, promotional vouchers may be tied to a minimum order value.

11.3: The price of the goods must be at least equal to the amount of the promotional voucher. If the balance of a promotional voucher is not sufficient for the order, the difference to a higher price of goods can be settled with the available payment options. The value of a promotional voucher will neither be paid out in cash nor accrue interest. The promotional voucher will not be refunded, but may be reissued if goods are returned in whole or in part.

11.4: If you have used a promotional voucher for your purchase and exercise your right of withdrawal, we reserve the right to charge you the original price of the goods if the total value of the goods you keep falls below the value of the promotional voucher.

 

  1. Gift vouchers

12.1: Gift vouchers are vouchers that you can purchase. These can only be redeemed for the purchase of items in the Mister Sandman online shops, not for the purchase of further gift vouchers. If the balance of a gift voucher is not sufficient for the order, the difference can be settled with the available payment options.

12.2: Gift vouchers and credits can only be redeemed before the completion of the ordering process. A subsequent offsetting is not possible. The balance of a gift voucher will neither be paid out in cash nor accrue interest.

 

  1. Data Protection

We store your order data, which we have sent to you via email in accordance with section 1.2, including your personal data required for the execution and processing of the order in accordance with legal regulations. This data is protected against access by third parties and is not accessible via the internet. Further information is contained in the relevant privacy policy, which can be viewed at any time under the privacy policy of Mister Sandman GmbH.

 

  1. Severability Clause

14.1: If the customer also uses general terms and conditions, the contract is concluded even without explicit agreement on the inclusion of general terms and conditions. To the extent that the various general terms and conditions are consistent in content, they are deemed to be agreed upon. The provisions of dispositive law replace conflicting individual regulations. The same applies in the event that the customer's terms and conditions contain provisions that are not included in these terms and conditions. If the present terms and conditions contain provisions that are not included in the customer's terms and conditions, the present terms and conditions shall apply.

14.2: Changes to the terms require written form. This also applies to the amendment of this written form clause.

14.3: Should any provision of the terms be or become ineffective, the validity of the remaining provisions shall remain unaffected.

14.4: The law of the Federal Republic of Germany applies to the contractual relationship, excluding provisions that refer to the application of foreign law. The UN Sales Convention does not apply. If the customer is a merchant within the meaning of the Commercial Code, Berlin is agreed as the place of jurisdiction for all disputes.

 

  1. Platform for online dispute resolution (ODR) of the European Commission

The European Commission provides a platform for online dispute resolution (ODR). You can find the platform at http://ec.europa.eu/consumers/odr/

 

 

 

(As of 01.10.2020)