10.09.2010 - 17:29

Conditions of Use

1. Internet - completion of the contract

1.a) for the implementation of all to us on Internet of given orders our following terms of sale and conditions of supply form the basis. These are valid between the company matratzen-store.com and private end users. They can download the text into your computer or print out. Additional or divergent arrangements are valid only if they are confirmed by us in writing. With the order / ordering our AGB's are valid as accepted.

1.b) after input of your order you receive from matratzen-store.com a confirmation of order, as a rule by e-mail. Check the acknowledgement for evident write errors and arithmetic mistakes as well as for deviations between order and delivery. They are obliged to inform us of such discrepancies immediately. If you require the back winding up or us because of a discrepancy, you do not open the product please further. Otherwise you must carry the depreciation originating from it if no cancellation possibility consists according to the distant paragraph law. Send back the product to our address called on the delivery note. The costs of the return or collection are born by us if you could not recognise the discrepancy before delivery and inform on time us.

1c) Our offers are non-binding and not-binding. Illustrations can deviate from the really delivered product and are valid merely as examples. The product information given on the Internet site is based on manufacturer's entries for whose correctness we can take over no guarantee.

2. Guarantee and adhesion

2.a) If you book defects of delivered product to us, we will provide in adequate time either for spare delivery or removal of the defects. If we do not manage this, you have after your choice the right on cancellation of the purchase or lowering of the purchase price. The warranty period amounts 6 months. Other guarantee assents are manufacturer specific and are defeated by the guarantee conditions of the respective manufacturer. The guarantee cases which appear in this time are unwound about matratzen-store.com as an interdealer. The manufacturer's guarantees and conditions can be requested any time matratzen-store.com and are enclosed to the respective goods deliveries. The guarantee time is transmitted by matratzen-store.com as a mediator of the manufacturers individually.

2.b) We stick for damages in debt by the injury more substantially of contractual main duties (cardinal's duties) or with the absence of assured properties. In addition, we stick - immediately for which legal argument - only according to the product adhesion law or if the damage was caused by us or our fulfilment assistants roughly negligently or deliberately.

2.c) We stick in case of the slightly careless injury of an essential contractual main duty at most up to the typically predictable damage which does not cross as a rule the purchase price of the ordered product. The adhesion with all slightly negligently caused damages is limited to damages to the ordered product.

2.d) We caused damages do not stick for by improper assembly or use. Also we do not stick for water damages resulted by the water bed and recommend concerning this the consultation by your insurance expert. For the suitability of the setup site (ceiling) the customer takes over the responsibility, we recommend the information with an architect or structural engineer in the case of doubt. For perhaps originating damages we assume no liability.

3. Cancellation right

3.a) you have the right to revoke the bill of sale within 14 days from preservation of the product without giving reasons. For the protection of this term the timely sending of the cancellation (e-mail enough), or the product is enough to us. You have to bear the costs of the return on a return from a goods delivery whose order value amounts all together up to 40.00 EUR if the delivered product of the ordered ones corresponds. Otherwise the return is free for you and occurs on our costs and danger.

3.b) If the product by you was already used and shows use tracks, we reserve ourselves to compute the depreciation and the value of the use of the product to you. These can amount up to 100% of the goods value.

3.c) The cancellation is to be straightened in writing in:

matratzen-store.com Nitschke
Oberwendling 5
83379 Saint Leonhard/Wonneberg

E-mail: info@matratzen-store.com

3.c) by the timely cancellation you are not bound any more to the contract with matratzen-store.com. matratzen-store.com refunds to you, after input of the product with matratzen-store.com in Waging the quite paid purchase price less perhaps depreciation of the product by use. They are obliged to the return of the product. matratzen-store.com bears the back end costs and selects the dispatch kind, provided that the cancellation has come within 14 days from preservation of the product with us. Besides the end customer bears the back end costs if the order does not cross an amount of 40 euros.

4. Delivery

4.a) We goods deliver plus forwarding expenses, after your choice, to all postal addresses in the Federal Republic of Germany. If you wish the delivery in other countries or select a special dispatch kind, can result the forwarding expenses which are still indicated you before end of the order for the acknowledgement. By deliveries in the foreign countries you take over the additional taxes and duties.

4.b) We water bed systems within 3-4 weeks deliver as a rule accessories within 1 week. The delivery date can be extended in special cases appropriately. The dates of delivery called in the confirmation of order are approx appointments and, hence, without obligations.

4.c) We are entitled to part deliveries. If you have interest in a part delivery, you do not open the product further, until the remaining delivery has arrived. If the product was further opened by you, you must carry in case of a resignation at the end of the cancellation term the depreciation originating from it. We carry the additional forwarding expenses originating from it on part deliveries.

4.d) in case of from delay we are entitled to the delivery of equivalent or higher valued product.

5. Payment conditions

5.a) The delivered product remains up to the entire payment in our property

5.b) We only the Zahlungsweisenakzeptieren offered within the scope of the order are able. For the case of the return or nonredemption of a debit you authorise your bank herewith definitely to inform us of your name and of the actual address.

5.c) If you get in spite of reminder and term settlement in default, we are entitled to the calculation of interests on arrears at the rate of 5% about base interest rate set of the European central bank, as far as no low damage is proved.

6. Prices

6.a) Our prices 19% get on including the Germans legal value added tax, currently.

6.b) Our entries to goods and prices within the scope of the order process are non-binding. With a price change you are entitled to the resignation of the bill of sale.

7. Data protection

7.a) the customer matratzen-store.com authorises and agrees to process the data preserved in connection with the business connection about the customer for the purposes of the data protection act, to save and to evaluate.

7.b) matratzen-store.com saves and uses the personal data of the customer for the winding up of the orders and possible complaints.

7.c) matratzen-store.com transmits no personal customer data into three parts. Except from this are the service partners who require the transmission of data for the order winding up. Nevertheless, in these cases the perimetre of the transmitted data limits I to the necessary minimum.

7.d) The customer has a right on information as well as a right on correction, blockage and deletion of his saved data.

8. Place of fulfilment and legal venue

8.a) It German right is valid to the exclusion of the UN-purchase right, even if from abroad is ordered or is delivered in the foreign countries. If you have your residence or usual stay abroad, Berlin legal venue is for all claims in connection with your order, however, not if the customer is a consumer. We are entitled to complain also in your general legal venue. For the case of a judicial discussion there is the address capable of charge: Water beds Nitschke, Oberwendling 5, 83379 Saint Leonhard/Wonneberg.

8.b) The right to the accumulation or decrease is entitled to you only if your counterclaims were ascertained legally or we have recognised this in writing. You are only authorised to the retention, as far as the claims are based on the same contractual relationship.

9. Partial gewgaw

Should a part of a contract be ineffective under these conditions or become, the effectiveness of the contract is not touched, for the rest, of it.

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