Terms & Conditions

The following T & Cs contain legal information on your rights in e-commerce and mandatory information for consumers

§ 1 Definitions

§ 2 Scope of the T & Cs for mercantilists

§ 3 Reservation of proprietary rights

§ 4 Warranty

§ 5 Transport damages

§ 6 Privacy

§ 7 Applicable law

§ 8 Jurisdiction

§ 9 Consumer information and information in electronic commerce

1. Contract language

2. Conclusion of contract and technical steps leading to conclusion of contract

3. Correction of input errors before sending the order

4. Storage of the contract text

5. Details concerning payment

6. Details concerning delivery

7. Prices and shipping costs

8. Customs and import charges for deliveries to non-EU countries (e.g., Switzerland, USA)

9. Information about warranty and guarantees

10. Right of revocation for consumers

11. Main characteristics of goods or services

12. Identity and address of seller

13. Online dispute resolution

14. Dispute settlement according to Consumer Dispute Settlement Act (VSBG)

§ 1 Definitions

(1) As far as in these T & Cs special rights and obligations are agreed only for consumers according to § 13 BGB or only for mercantilists according to § 14 BGB, the following definitions apply:

(2) A consumer is any natural person who enters into a legal transaction for purposes which can not be predominantly assigned to his commercial or self-employed activity.

(3) Mercantilist according to § 14 BGB (German Civil Code) is a natural or legal person or a private limited company who is acting in the course of a legal transaction in the exercise of his commercial or  self-employed professional activity. A private limited company is a company with the ability to acquire rights and take commitments.

§ 2 Scope of the T & Cs for mercantilists

(1) If the buyer is a mercantilist according to § 14 BGB (see § 1- 3. of the T & Cs), these General Terms and Conditions apply exclusively. General terms and conditions of the buyer apply only to the extent that the seller expressly consented to them in writing before the respective contract.

(2) If the buyer is a mercantilist according to § 14 BGB (see § 1 - 3. of the T & Cs), these General Terms and Conditions also apply to all future transactions between the contracting parties.

§ 3 Reservation of proprietary rights

The ordered goods remain the property of the seller till complete payment. Prior to transfer of ownership, a pledge, security transfer, processing or transformation without the express consent of the seller is not permitted.

§ 4 Warranty

(1) If the buyer is a consumer according to § 13 BGB (see § 1 - 2. of the T & Cs) he is entitled to the warranty rights. The warranty period is 24 months from the delivery of the goods to the buyer.

(2) If the buyer is a mercantilist according to § 14 BGB (see § 1 - 3. of the T & Cs), the warranty period for new items shall be 1 year from delivery of the item. No warranty is accepted for used items by a mercantilist. Claims for damages are excluded. They are conform to statutory provisions.

(3) If the buyer is a mercantilist according to § 14 BGB (see § 1 - 3. of the T & Cs), warranty claims due to existing transport damages shall only be accepted if he has complied with his obligation to inspect and report according to § 5 - 4. of of the T & Cs.

§ 5 Transport damages

(1) If the buyer is a consumer (see § 1 - 2. of T & Cs), we ask to claim goods with obvious damage to the packaging or to the content to the carrier or to refuse acceptance. In addition we ask the buyer to contact us immediately by E-Mail, fax or post.

(2) In the case of discovering hidden defects we also request immediate notification.

(3) A shortening of the warranty rights, revocation rights and limitation periods is not connected to the above regulations.

(4) As far as the buyer is a mercantilist according to § 14 BGB (see § 1 - 3. of the T & Cs), he has to inspect the goods immediately after receipt for transport damage. Traceable transport damages must be reported immediately to the seller. The Purchaser must have a written confirmation of packaging damages by the carrier upon acceptance of the goods. If such a defect appears later, the notification must be made immediately after discovery.

§ 6 Privacy

(1) All personal data required for the execution of the order, such as name, address, E-Mail, payment data and telephone number, will be stored and processed by us according to the relevant legal standards (particularly the european guidelines for privacy, as well as the BDSG and the TMG). We need this data for billing, delivery and invoicing. With these data your orders can be processed and executed and we will keep you updated.

(2) We don´t pass on personal data to third parties without the explicit consent, which is revocable at any time, of the buyer nor without explicit legal authorization or legal duty. A legal authorization to pass on your personal data to third parties applies for personal data which is passed on to our service partners, who need the transmission of the data to process the order (for example, the bank assigned with the payment or the shipping company assigned with the delivery). In these cases, however, the range of transmitted data is limited to only the necessary data.

(3) The buyer has at all times the right to free of charge information, rectification, blocking and / or deletion of the stored data. Please send us your request by E-Mail, post or fax. You will find the contact details of the provider under Liability.

(4) After complete proocessing of the contract and full payment, your data will be deleted according to the expiry of the tax and trade regulations.

§ 7 Applicable law

All disputes arising out of this legal relationship are governed by German law, with the exception of its conflict of laws rules. For consumers (see § 1 - 2. of T & Cs) this choice of law applies only to the extent that mandatory provisions of the law of the country in which the consumer has his permanent residence are not contrary to the regulations of our T & Cs. The validity of the UN Convention on Contracts is excluded.

§ 8 Jurisdiction

In case of disputes arising out of the delivery of the goods and / or these T & Cs, the courts at the headquarter of the seller are exclusively responsible if the customer is a mercantilist or a legal person of public law or a public law special fund or a customer without permanent residence in Germany or the customer has moved his place of residence or his usual place of residence abroad after these T & Cs came into effect or if the domicile or usual place of residence of the customer is unknown at the time of taking legal action.

§ 9 Consumer information and information in electronic commerce

1. Contract language

The contract language is English. These T & Cs are available in English.

2. Conclusion of contract and technical steps leading to conclusion of contract

a) The product presentations in the online shop are not binding offers of the seller and are only a request from the seller to the buyer, to submit a purchase offer to the seller.

b) If the buyer adds a product to the cart he goes through the ordering process in the onlineshop of the seller before submitting a binding purchase offer. Hereby the buyer has to insert his invoice and delivery address and select his desired payment method and the shipment method. Only by sending the online order by clicking the button "place order", the buyer makes a binding offer for the goods ordered at the price stated in the order summary.

c) If the seller offers "banc transfer" as payment method and the buyer chooses this type of payment during the order process, the buyer's offer is accepted at the time the payment is confirmed to the bank. With the confirmation of the payment to the bank the contract with the seller is concluded.

d) If the seller offers "Paypal" as payment method and the buyer chooses this type of payment during the order process, the buyer's offer is accepted at the time the payment is confirmed to PayPal. With the confirmation of payment to PayPal the contract with the seller is concluded.

e) The buyer may also request a quote from the seller by phone, fax or E-Mail without obligation. In this case, the seller will send to the buyer within 7 working days a binding offer together with the required mandatory information after request by phone or fax, E-Mail or letter, whereby the deadline is kept by the time the offer is received by the buyer. The buyer can then accept the offer of the seller within 7 working days after receiving the offer, again by phone, by fax, E-Mail or letter, whereby the deadline is kept by the time the buyer sends a fax, an E-Mail or a letter within the time limit or accepts the offer of the seller within the deadline by phone. If the buyer does not accept the offer of the seller within the deadline by telephone or E-Mail, fax or letter within the time limit, the offer of the seller is considered rejected and the contract is not cocluded. In this case the seller is no longer bound to his offer.

3. Correction of input errors before sending the order

You can check your order on a separate page before the final order. You can correct input errors on the previous page by clicking the "Back"-button of your Internet browser or by the corresponding correction function of the Internet shop in the order process.

4. Storage of the contract text

The order data, the T & Cs and the right of revocation will be sent to the buyer by e-mail in text form within the order confirmation of the seller. In addition, the contract text is stored on the seller's internal system and sent again to the buyer by e-mail upon request.

5. Details concerning payment

a) Payment of the purchase price is made by using the payment options offered in the order process.

b) Payment by installments requires prior agreement / arrangement with the seller.

c) In the event of a delay in payment, the seller is entitled to step back from the contract after a reasonable period of time.

6. Details concerning delivery

a) Unless otherwise agreed before conclusion of the contract, the delivery of the goods is effected in general by sending the goods to the address notified by the buyer within Germany or to the countries which can be selected during the ordering process. Shipments to other countries are excluded.

b) The maximum delivery period within Germany is 8 working days (except Sundays and public holidays) after payment to the transferring credit institution by the buyer. The maximum delivery period to other countries selectable during the ordering process is 10 working days (except Sundays and public holidays) after payment to the transferring credit institution by the buyer. Delivery time for custom-made products are agreed separately with the buyer.

c) Due to circumstances beyond the seller's control, such as force majeure, operational disturbances, etc., the delivery of the goods may be delayed. The seller will immediately notify the buyer about this. The rights of the buyer will remain unaffected, in particular, the buyer is entitled to step back from the contract after setting a reasonable period of grace.

d) If the delivery is impossible for reasons of which the seller is not responsible, the claim of delivery is excluded. In the event of non-fulfillment of the contract, the seller notifies the buyer immediately about the impediment of the service and to refund all payments made by the buyer.

e) The seller carries the risk of the loss or damage of the goods during the transport, independently of a transport insurance, as far as the buyer is a consumer according to § 13 BGB (see § 1 - 2. of the T & Cs).

f) The choice of the transporting company is up to the seller.

7. Prices and shipping costs

Notice on the risk of damage or loss of the goods during the transport:

We indicate that the seller, irrespective of a transport insurance, bears the risk of loss or damage of the goods during the transport, assuming that the buyer is a natural person who enters into a legal transaction for purposes which can not be predominantly assigned to his commercial or  self-employed activity (consumer according to § 13 BGB).

Shipping costs according to delivery country:

Germany:

3,5 € for all orders in Germany up to 3 Kg

5.5 € for all orders in Germany over 3 Kg

EU:

10 € for all orders in the EU up to 1 Kg

14 € for all orders in the EU up to 2 Kg

16 € for all orders in the EU up to 5 Kg

21 € for all orders in the EU up to 10 Kg

32 € for all orders over 10 Kg

Switzerland:

10 € for all orders to Switzerland up to 1 Kg

16 € for all orders to Switzerland up to 2 Kg

27 € for all orders in Switzerland up to 5 Kg

35 € for all orders to Switzerland up to 10 Kg

50 € for all orders to Switzerland over 10 Kg

World:

10 € for all orders worldwide up to 1 Kg

20 € for all orders worldwide up to 2 Kg

46 € for all orders worldwide up to 5 Kg

62 € for all orders worldwide up to 10 Kg

100 € for all orders worldwide over 10 Kg

The prices stated in the respective offers contain the legal German VAT as well as other price components (total price) plus separately indicated shipping costs. For deliveries to countries outside the European Union (third countries), additional customs charges or taxes may apply as soon as the purchased goods reach the third country (see section 8. below of this T & Cs). This may result in double payments. If you do not agree, we can not supply you. By your payment you agree. Otherwise, your order will be automatically canceled without payment.

8. Customs charges and import fees for deliveries to non-EU countries

We indicate that in case of delivery to countries outside the EU (third countries) additional customs charges or taxes may apply as soon as the purchased goods reach the third country. These additional customs charges or taxes are at the expense of the buyer. The seller has no influence on these charges and can not predict the amount as the customs regulations vary considerably from country to country. We recommend the buyer, in the case of delivery to a third country, to ask for possible customs charges or local taxes at the responsible customs office for this third country.

9. Information about warranty and guarantees

a) Information about the warranty conditions can be found in § 4 of the T & Cs.

b) As far as the seller grants an additional voluntary guarantee, the statutory warranty rights of the buyer are not thereby restricted. The guarantee is valid in addition to the statutory warranty rights, whereby the content of the guarantee and all essential data which are necessary for the assertion against the seller, can be taken from the respective guarantee bond.

10. Right of revocation for consumers

If you conclude a legal transaction for a purpose that is largely independent of your commercial or self-employed activity (consumer according to § 13 BGB), you have the right of revocation. Details of the right of revocation can be found in the separate Policy of revocation of the provider.

11. Main characteristics of goods or services

The main characteristics of goods or services can be found in the offers of the provider.

12. Identity and address of provider

Our identity and address is: Angie Holzschuh, El Torrejón 77, 11380 Tarifa, España

13. Online dispute resolution

The EU Commission is providing an online platform for dispute resolution (OS platform) with online retailers. The OS platform is to serve as an out-of-court settlement of disputes over contractual obligations from online purchase contracts. This OS platform is available under the following link: https://ec.europa.eu/consumers/odr/

14. Dispute settlement according to Consumer Dispute Settlement Act (VSBG)

We are not bound and unwilling to participate in a dispute settlement procedure at a consumer mediation agency.

15. Payment methods

We offer the following payment methods: Paypal or bank transfer.

Last update of our T & Cs: 28.8.2017

Annex: Satisfaction guarantee

a) Warranty conditions of the company Angie Holzschuh, El Torrejón 77, 11380 Tarifa, España.

b) The following conditions apply in addition to the warranty rights and rights of revocation and shall not affect them.

c) Our satisfaction guarantee applies to the latex mattress purchased from our internet shop.

d) If the buyer of the latex mattress is a consumer and is not satisfied with the latex mattress, we take it back within 30 days and refund you the purchase price.

e) Our satisfaction guarantee does not apply to returned damaged mattresses, which have been caused by you as a buyer due to improper use.

f) The satisfaction guarantee period is 30 days and begins on the date on which the product is first delivered to a consumer.

g) Our satisfaction guarantee requires in addition to the return of the product also the invoice or an equivalent proof of purchase.

h) To claim your warranty please inform at info@finally-painfree.com and we will give you a return address to which you can return the product at your expense and risk.



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