General Terms and Conditions and Customer Information

General Terms and Conditions

1 Basic Provisions

(1) The following terms and conditions apply to all contracts that you conclude with us as the provider swing2sleep GmbH via the website https://www.swing2sleep.de. Unless otherwise agreed, the inclusion of any of your own terms and conditions is rejected.

(2) Consumer in the sense of the following regulations is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor serving their self-employment. An entrepreneur is any natural or legal person or a business partnership with legal capacity who, when concluding a legal transaction, acts in the scope of his self-employed professional or commercial activity.

2 Conclusion of the Contract

(1) Subject of the contract is the sale of goods. Our offers on the internet are non-binding and not a binding offer to conclude a contract.

(2) You can submit a binding purchase offer (order) via the online shopping cart system.

For this, the goods intended for purchase are placed in the "shopping cart". You can access the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time. Upon viewing the "Checkout" page and entering your personal data as well as the payment and shipping conditions, all order related data is displayed one final time on the order overview page.

Before submitting the order, you have the opportunity to check and change all details again (also using the "back" function of the internet browser) or to cancel the purchase.

By submitting the order via the "buy" button, you submit a binding offer to us.

You will first receive an automatic e-mail about the receipt of your order, which does not yet lead to the conclusion of the contract.

(3) The acceptance of the offer (and thus the conclusion of the contract) takes place within 2 days via confirmation in text form (e.g. e-mail), in which the execution of the order or delivery of the goods is confirmed to you (order confirmation).

If you have not received a corresponding message, you are no longer bound to your order. Any services already rendered will be refunded immediately in this case.

(4) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have stored with us is correct, that the receipt of e-mails is technically ensured and in particular that it is not prevented by spam filters.

3 Shipping costs

(1) the shipping costs for the return shipment are to be borne by the buyer.

(2) Even after export to Switzerland or all other third countries, we do not refund value added tax.

4 Right of Retention, Retention of Title

(1) You may only exercise a right of retention if it concerns claims from the same contractual relationship.

(2) The goods remain our property until the purchase price has been paid in full.

(3) If you are an entrepreneur, the following applies in addition:

a) We reserve the right of ownership of the goods until the complete settlement of all claims from the current business relationship. Before transfer of ownership of the goods subject to retention of title, pledging or transfer of ownership by way of security is not permitted.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount that accrue to you from the resale; we accept the assignment. You are further authorized to collect the claim. If you do not properly meet your payment obligations, however, we reserve the right to collect the claim ourselves.
c) If the goods subject to retention of title are combined or mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the goods subject to retention of title to the other processed items at the time of processing.
d) We commit to releasing the securities to which we are entitled at your request insofar as the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is at our discretion.

5 Warranty

(1) The statutory rights of liability for defects shall apply.

(2) For used goods, the warranty period is 1 year from delivery of the goods. The one-year warranty period shall not apply to culpably caused damages attributable to us arising from injury to life, body, or health and damages caused by gross negligence or intent or fraudulent intent on the part of the supplier, as well as in the event of recourse against us.

(3) If you are an entrepreneur, the following applies in deviation from paragraph 1:

a) Only our own specifications and the manufacturer's product description shall be deemed agreed as the quality of the goods, however not other advertising, public promotions, and statements by the manufacturer.
b) You are obliged to examine the goods immediately and with due diligence for deviations in quality and quantity and to notify us in writing of any obvious defects within 7 days of receipt of the goods. The deadline is met if a notification was dispatched within this period. This also applies to hidden defects discovered later, starting at the time of discovery. In case of violation of the obligation to examine and give notice of defects, the assertion of warranty claims is excluded.
c) In the case of defects, we shall provide warranty at our discretion either by repair or replacement. If the rectification of defects fails, you can choose to demand a reduction in price or withdraw from the contract. The rectification of the defect is considered to have failed after two unsuccessful attempts, if nothing else results from the type of item or defect, or other circumstances. In the event of rectification of defects, we do not have to bear the increased costs incurred by the transfer of the goods to a place other than the place of fulfillment if the transfer does not correspond to the intended use of the goods.
d) The warranty period is one year from delivery of the goods. The shortened warranty period shall not apply to culpably caused damages attributable to us arising from injury to life, body, or health and damages or malice caused by gross negligence or intent, as well as in the case of recourse claims pursuant to §§ 478, 479 BGB.

As a precaution, we would like to point out that a guarantee or warranty is not transferable. Should a transfer or a private sale take place, we do not assume any warranty towards a 3rd foreign person, who was not the original buyer.

6 Liability

(1) We shall be liable without limitation in each case for damages resulting from injury to life, body, or health. Furthermore, we shall be liable without limitation in all cases of intent and gross negligence, in the event of fraudulent concealment of a defect, in the event of assumption of a guarantee for the quality of the object of purchase, and in all other cases regulated by law.

(2) The liability for defects within the scope of the statutory warranty is based on the corresponding provision in our customer information (Part II) and General Terms and Conditions (Part I).

(3) If essential contractual obligations are affected, our liability for slight negligence shall be limited to the foreseeable damage typical for the contract. Essential contractual obligations are essential obligations which result from the nature of the contract and whose violation would endanger the achievement of the purpose of the contract as well as obligations which the contract imposes on us according to its content in order to achieve the purpose of the contract, the fulfilment of which makes the proper execution of the contract possible in the first place and on the observance of which you may rely regularly.

(4) In the event of a breach of insignificant contractual obligations, liability for slightly negligent breaches of duty is excluded.

(5) Data communication via the internet cannot be guaranteed to be error-free and/or available at all times given the current state of technology. In this respect, we are not liable for the constant or uninterrupted availability of the website and the services offered there.

7 Choice of Law, Place of Fulfillment, Place of Jurisdiction

(1) German law applies. In the case of consumers, this choice of law shall only apply to the extent that the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not thereby withdrawn (favorability principle).

(2) The place of fulfillment for all services arising from the business relations existing with us as well as the place of jurisdiction shall be our registered office, insofar as you are not a consumer but a merchant, a legal entity under public law, or a special fund under public law. The same shall apply if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or usual abode is unknown at the time the action is filed. The authority to also call upon the court at another legal place of jurisdiction remains unaffected by this.

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods are explicitly not applicable.

_______________________________________________________________________________________

Customer Information

Identity of the Seller

swing2sleep GmbH
Haart 224
24539 Neumünster
Germany

Phone: 49 (0) 4321 2099290
e-mail: info@swing2sleep.de

The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at http://ec.europa.eu/odr.

Information on the Conclusion of the Contract

The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction possibilities are carried out in accordance with § 2 of our General Terms and Conditions (Part I.).

Contract Language, Contract Text Storage

3.1 Contract language is German.

3.2 The complete text of the contract is not stored by us. Before sending the order via the online shopping cart system, the contract data can be printed or electronically saved using the print function of the browser. After receipt of the order by us, the order data, the information required by law for distance contracts, and the General Terms and Conditions will be sent to you again by e-mail.

3.3 In the case of requests for quotations outside of the online shopping cart system, you will receive all contract data in text form, e.g. by e-mail, which you can print out or save electronically.

Essential Characteristics of the Goods or Services

The essential characteristics of the goods and/or services can be found in the item description and the additional information on our website.

Prices and Terms of Payment

5.1 The prices quoted in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.

5.2 The shipping costs are not included in the purchase price. They can be called up via a correspondingly marked button on our website or in the respective item description, are shown separately during the ordering process, and are to be borne by you in addition, unless a free delivery at no cost has been promised.

5.3 If the delivery is made to countries outside the European Union, further costs may be incurred for which we are not responsible, such as customs duties, taxes, or money transfer fees (bank transfer or exchange rate fees of credit institutions), which are to be borne by you.

5.4 Any costs incurred by the money transfer (transfer or exchange rate fees of the credit institutions) are to be borne by you in cases where the delivery is made to an EU member state, but the payment was arranged outside the European Union.

5.5 The payment methods available to you are shown under a correspondingly designated button on our website or in the respective item description.

5.6 Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.

Terms of Delivery

6.1 The terms of delivery, the delivery date, as well as any existing delivery restrictions can be found under a designated button on our website or in the respective item description.

6.2 Provided that you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold goods during shipment is only transferred to you once the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.

If you are an entrepreneur, the delivery and dispatch is at your risk.

Legal Liability for Defects

7.1 Liability for defects in our goods is governed by the "Warranty" provision in our General Terms and Conditions (Part I). These General Terms and Conditions and Customer Information have been prepared by the lawyers of the Händlerbund, specializing in IT law, and are permanently checked for legal conformity. The Händlerbund Management AG guarantees the legal security of the texts and is liable in the case of warnings. Further information can be found at: https://www.haendlerbund.de/agb-service.

7.2 As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects, and transport damages and to notify us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty claims.

Right of Revocation for Consumers

(A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor in the scope of their self-employed professional activity).

Right of Revocation

You have the right to cancel this contract within fourteen days without giving reasons. The revocation period is fourteen days from the day,

-at which you or a third party designated by you, other than the carrier, have taken possession of the goods, provided that you have ordered one or more goods under a single order and that the goods are delivered under a single delivery;

- at which you or a third party designated by you, who is not the carrier, have taken possession of the last goods, provided that you have ordered several goods under a single order and they are delivered separately;

In order to exercise your right of revocation, you must inform us (swing2sleep GmbH, Haart 224, 24539 Neumünster, phone number: +49 (0) 04321 - 209929-0, e-mail address: info@swing2sleep.de) by means of a clear statement (e.g. a letter sent by post, or e-mail) of your decision to revoke this contract.

In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period.

Consequences of the Revocation

If you revoke this agreement, we shall reimburse you for all payments we have received from you without delay and at the latest within fourteen days from the day on which we receive notification of your revocation of this agreement. For this refund, we will use the same means of payment that you used for the original transaction, unless explicitly agreed otherwise with you; in no event will we charge you any fees for this refund. If you have paid by credit card, please provide us with your bank details, as we do not refund to credit cards.

We may refuse to 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 or hand over the goods to us immediately and in any event no later than fourteen days from the day you notify us of the cancellation of this agreement. This period shall be deemed to have been observed if you send the goods before the expiry of the fourteen-day period.

You shall bear the direct costs of returning the goods.

You will only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods that is not necessary for testing their condition, properties, and functionality.

Reasons for Exclusion or Expiry

The right of revocation does not apply to contracts

- for the delivery of goods which are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;

- for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded;

- for the supply of alcoholic beverages whose price was agreed upon at the conclusion of the contract but which can be supplied at the earliest 30 days after the conclusion of the contract and whose current value depends on fluctuations in the market over which the trader has no influence;

- for the supply of newspapers, periodicals, or magazines, with the exception of subscription contracts.

The right of revocation expires prematurely for contracts

- for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene, if their seal has been removed after delivery;

- for the delivery of goods if, after delivery, they have been inseparably mixed with other goods due to their nature;

- for the delivery of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery.