General Terms and Conditions of snuggle-dreamer.de
(1) The deliveries, services an offers are subject exclusively to these General Terms and Conditions as valid at the time the order is placed. They are an integral part of all contracts that we. GmbH, (hereinafter referred to as ‘Vendor’) concludes with the customer (hereinafter referred to as ‘Purchaser’) on the goods offered by the Vendor via the internet. Differing conditions of the person placing the order are not recognised unless the Vendor explicitly consents to their validity in writing.
(2) The customer is a consumer, insofar as the purpose of the deliveries and services ordered cannot be attributed to his or her commercial or independent professional activity. By contrast, commercial entities shall include any natural person or legal entity or incorporated partnership, acting in the exercise of its commercial or independent professional activity when the contract is concluded.
§2 Offer and conclusion of contracts
(1) By clicking the ‘Complete order’ button, the Purchaser gives the Vendor a binding offer to purchase the goods located in the shopping cart. The offer can, however, only be placed and transmitted if the Purchaser accepts these General Terms and Conditions by clicking on the checkbox on General Terms and Conditions and right of withdrawal, thus including same in his or her offer and confirming that he or she was informed of his or her right of withdrawal.
(2) The Vendor shall then send the Purchaser an automatic confirmation of receipt via e-mail which lists the Purchaser’s order once again. The automatic confirmation of receipt merely documents that the order of the Purchaser has been received by the Vendor and does not represent any acceptance of the offer. The contract only comes into effect through another e-mail in which the acceptance is explicitly declared.
§3 Delivery and availability of goods
(1) If, at the time the Purchaser places the order, no units of the products chosen by him or her are available, the Vendor shall inform the Purchaser of this. If the product is permanently unavailable, the Vendor shall refrain from a declaration of acceptance. A contract shall not come into effect in this case. In such a case, the Vendor shall reimburse the Purchaser for any payments already made without delay.
(2) If the product designated by the Purchaser in the order is only temporarily unavailable, the Vendor shall inform the Purchaser of this as well. In the event of a delivery delay of more than two weeks, the Purchaser has the right to withdraw from the contract. Moreover, in this case, the Vendor is also entitled to rescind the contract. In such a case, the Vendor shall reimburse the Purchaser for any payments already made without delay.
§4 Right of withdrawal
You have the right to withdraw from this contract within fourteen days without stating reasons.
The withdrawal period is fourteen days from the day on which you or a third party designated by you that is not the carrier take possession of the goods.
To exercise your right of withdrawal, you must inform us
- we. GmbH
Mainzer Landstrasse 166
D-60327 Frankfurt am Main
tel. +49 69 8700 1537 1
fax +49 69 8700 1537 2
of your decision to withdraw from this contract by way of a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the following sample withdrawal form; however, this is not required.
Sample withdrawal form
Mainzer Landstrasse 166
D-60327 Frankfurt am Main
tel. +49 69 97 39 06 70
fax +49 69 97 39 06 71
I/we* hereby withdraw from the contract concluded by me/us* to purchase the following goods:
Ordered on*/received on*:
Name of consumer:
Address of consumer:
Signature of consumer (only for notification on paper):
*Delete as applicable
To meet the withdrawal deadline, it is sufficient for you to send the notification of exercise of the right of withdrawal before the withdrawal deadline expires.
Consequences of withdrawal
If you withdraw from this contract, we must reimburse you for all payments that we have received from you, including delivery costs (with the exception of additional costs incurred through your having chosen a method of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we receive notification of your withdrawal from this contract. For this reimbursement, we shall use the same method of payment as the one employed by you for the original transaction unless something else was explicitly agreed upon with you; under no circumstances shall we charge you fees for this reimbursement. We may deny reimbursement until we have received the goods or until you have shown proof of having sent the goods, whichever of these occurs first.
You must send or deliver the goods to us without delay and always at the latest within fourteen days of the day on which you inform us of your withdrawal from this contract. The deadline is deemed to have been met if you send the goods before expiry of the deadline of fourteen days.
You must bare the direct costs for sending back the goods. You must only pay for a possible loss of value of the goods if this loss of value results from handling other than what is necessary to ascertain the nature and functioning of the goods.
End of the information concerning the right of withdrawal
(1) The right of withdrawal is excluded for contracts to deliver goods which are produced according to customer specifications or are clearly tailored to personal needs or which are not suitable for return due to their nature. Moreover, the statutory exceptions according to § 312 d (4) German Civil Code (BGB) apply.
(2) For returns without product packaging, the Purchaser must compensate for any depreciation in value, if applicable.
§5 Prices and payment
(1) The Vendor only accepts the methods of payment displayed to the Purchaser during the ordering process.
(2) The purchase price plus packaging and transport costs is due upon conclusion of the contract.
§5.1 “Ratenkauf” by easyCredit
(1) The following terms and conditions shall apply between you and Snuggle Dreamer for all contracts concluded with Snuggle Dreamer for which “Ratenkauf” by easyCredit (hereinafter referred to as “Ratenkauf”) is used.
In the event of dispute terms and conditions contained herein ($5.1) shall take precedence over any general terms and conditions of Snuggle Dreamer. “Ratenkauf” shall only be made available to customers who are deemed to be consumers according to § 13 BGB (the German civil code) and are aged 18 or over.
Snuggle Dreamer, with the support of the TeamBank AG Nürnberg, Beuthener Straße 25, 90471 Nürnberg (hereinafter referred to as TeamBank AG), shall provide “Ratenkauf” as a further payment option for your purchase on the internet.
Snuggle Dreamer shall be entitled to determine your credit worthiness. For further details please refer to the “Ratenkauf” data protection provisions (see below, figure II). In the event that the use of “Ratenkauf” is not possible due to insufficient credit worthiness or turnover limitations on the part of Snuggle Dreamer , Snuggle Dreamer shall be entitled to offer you an alternative payment option.
The contract for a “Ratenkauf” shall be concluded between you and Snuggle Dreamer . By using “Ratenkauf” you choose to pay the purchase price in monthly instalments. For an agreed fixed duration, monthly instalments shall be paid. In certain circumstances, the final payment may differ from the previous instalments. The goods shall remain the property of Snuggle Dreamer until payment has been made in full.
The receivables accrued through the use of „Ratenkauf“ shall be assigned to the Teambank AG in the form of an ongoing factoring agreement. Payments leading to a discharge of the debt may only be made to the Teambank AG.
(3) Payment of Instalments by SEPA Direct Debit
Through the SEPA direct debit mandate issued with the “Ratenkauf” you authorise the Teambank AG to debit the outstanding payments from the current account indicated during the order process held at the bank specified by way of SEPA direct debit.
The Teambank AG shall give notice of the direct debit by e-mail at the latest one calendar day before the direct debit is due (pre-notification). The direct debit shall be executed no earlier than the date indicated in the pre-notification. The transaction can be carried out after but near to the due date. If there is a reduction in the purchase price (e.g. through customer credit) between the pre- notification and the due date, the amount debited may differ from the amount stated in the
pre-notification. You are responsible for ensuring that your current account holds sufficient funds at the time that the payment is due. Your bank is not obliged to honour the direct debit in the event that your current account does not hold sufficient funds.
If, due to a lack of funds held in the current account, an unjustified refusal by the account holder or account closure, the direct debit is returned, you shall be, without further
reminders, deemed to be in default, unless the direct debit was returned in circumstances for which you were not liable.
The charges resulting from a returned direct debit shall be passed on to you and shall be settled by you.
In the event of default, the TeamBank AG shall be entitled to charge an appropriate reminder fee or interest on arrears at a rate of five percentage points higher than the base rate of the European Central Bank.
Due to the high costs associated with returned direct debits, we ask you not to refuse direct debits in the event of withdrawal from the purchase contract, returning the product or making a complaint. In such cases a reverse transfer will be made in agreement with Snuggle Dreamer or the account will be credited
§6 Set-off and rights of retention
The Purchaser is not entitled to set-off unless his or her counterclaims have been found legally binding, are undisputed or are recognised by the Vendor. The Purchaser is only authorised to exercise a right of retention if his or her counterclaim is based on the same purchase agreement.
Insofar as no written or fixed deadline or fixed date has been agreed upon, the deliveries and services must be carried out as soon as possible, however within a period of approx. eight weeks at the latest. If the Vendor cannot observe an agreed delivery date, the Purchaser must give the Vendor an appropriate grace period, which may under no circumstances be less than two weeks.
(1) If the goods delivered contain defects, the Purchaser is entitled to the corresponding statutory rights.
(2) The generally possible lack of compatibility of individual articles with one another or with third-party articles does not represent a defect according to § 8 (1).
(3) For claims for damages on the part of the Purchaser, however, the special provisions of § 9 apply.
§9 Liability and damages
(1) Claims for damages on the part of the Purchaser due to obvious material defects of the delivered goods are excluded if he or she does not report the defect to the Vendor within a period of two weeks of delivery of the goods.
(2) The liability of the Vendor for damages, irrespective of legal grounds (in particular for delays, defects or other violations of obligations) is limited to contractually typical, foreseeable damages.
(3) The limitations of liability above do not apply to liability of the Vendor due to wilful behaviour or gross negligence, for guaranteed characteristics, due to injury to life, limb or health or according to the German Product Liability Act.
§10 Retention of title
(1) The Vendor reserves the right to retain ownership of the delivered goods until complete payment of the purchase price for these goods. For the duration of the retention of title, the Purchaser may not sell or otherwise dispose of ownership of the goods (hereinafter: reserved goods).
(2) In cases of seizure of the reserved goods by third parties, in particular bailiffs, the Purchaser must notify these third parties that the goods are owned by the Vendor and must notify the Vendor without delay so that the latter may assert its rights of ownership.
(3) In cases of behaviour contrary to the contract on the part of the Purchaser, in particular delayed payment, the Vendor is entitled to demand that the reserved goods be returned, to the extent that the latter has withdrawn from the contract.
§11 Exclusion of liability for external links
The Vendor uses links on its website to refer to other sites on the internet. The following applies for all of these links: The Vendor explicitly declares that it has no influence whatsoever on the design and contents of the sites linked to. For this reason, it hereby explicitly distances itself from all contents of all third-party sites linked to on snuggle-dreamer.cm and takes no ownership of these contents. This declaration applies to all displayed links and all contents of the sites that the links lead to.
§12 Image rights
All image and text rights are reserved by the Vendor or by the manufacturers. Use without explicit consent is not permitted.
§13 Other provisions
(1) All declarations that are communicated within the contractual relationship with the Vendor must be made in written form.
(2) This contract and all legal relationships of the parties are subject to the law of the Federal Republic of Germany, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
(3) If individual provisions of this contract are or become invalid or contain a gap, the remaining provisions shall remain unaffected.
Last modified: 15 January 2018
Alternative dispute resolution according to Article 14 (1) of the ODR Regulation and § 36 of the Consumer Dispute Resolution Act (VSBG):
The European Commission provides a platform for online dispute resolution (ODR) which can be found at http://ec.europa.eu/consumers/odr/. We are not obliged and not prepared to participate in a dispute settlement proceedings before a consumer arbitration board.