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General Terms and Conditions of Sleezzz GmbH for private customers

These are the general supplier information and the information on the conclusion of the contract, the revocation instructions and the general terms and conditions of Sleezzz GmbH for buyers acting in a purely private interest as consumers.

Version 10.07.2024

§ 1 Validity of the terms and conditions

a. Sleezzz GmbH provides all deliveries and services exclusively on the basis of these Terms and Conditions. Deviating terms and conditions of the contracting parties shall not become part of the contract, unless they are expressly recognized by Sleezzz GmbH in text form and included in the contract and then only apply to the respective transaction.

b. Counter-confirmations by the purchaser with reference to his own terms and conditions of business and/or purchase are expressly rejected. These shall not become part of the agreement if Sleezzz GmbH has not expressly confirmed them.

§ 2 Formation of the contract

a. The presentation of the goods in the internet store does not constitute a binding offer by us to conclude a purchase contract. You are merely invited to submit your own offer to conclude a contract by placing an order.

b. By sending the order in the Internet store, you submit a binding offer to conclude a purchase contract for the goods contained in the shopping cart.

c. We will confirm receipt of your order by sending you a confirmation e-mail. This order confirmation does not constitute acceptance of the contract offer. It merely serves to inform you that we have received your order. The declaration of acceptance of the contract offer is made by the delivery of the goods or an express declaration of acceptance in the form of an order confirmation.

§ 3 Retention of title

The delivered goods remain our property until full payment has been made. You are obliged to inform us immediately of any access by third parties to the goods delivered subject to retention of title.

§ 4 Prices/Maturity

a. The prices stated for the goods are gross prices. They therefore already include VAT.

b. In addition to the purchase price, shipping costs (see § 5) and payment costs (see § 9) may be added in non-EU countries.

c. Payment of the purchase price and costs is due upon conclusion of the contract.

§ 5 Place of delivery/shipping costs

You must specify a delivery address when ordering. Shipment is made from one of our warehouses in Heinsberg. Orders received by 12:00 noon are dispatched on the same day and are usually delivered the next day. As a rule, the delivery time is approx. 1-2 working days. Shipping is free of charge within the EU. For countries outside the EU, additional costs may be incurred for import VAT and customs clearance. We currently ship to the following countries: Germany, Netherlands, France, Italy, Spain, Denmark, Finland, Croatia, Estonia, Latvia, Poland, Portugal, Romania, Sweden, Slovakia, Slovenia, Czech Republic, Hungary, England, Belgium, Switzerland, Austria, Ireland, Great Britain.

§ 6 Deliveries and delivery restrictions

a. The ordered goods and services shall be delivered by post, parcel shipment or truck by us, our vicarious agents or by a forwarding agent commissioned by us. We are not obliged to unpack, set up or assemble the goods unless this has been agreed separately. We are entitled to make partial deliveries insofar as these are reasonable for the customer and without the customer being charged additional delivery costs. We reserve the right to combine several ordered items in one delivery.

b. If a delivery becomes impossible due to a lack of self-supply, Sleezzz GmbH is entitled to withdraw from the contract. Sleezzz GmbH will immediately inform the purchaser about the unavailability and will immediately reimburse any payments already made.

c. Delivery takes place within 1 to 3 working days within the EU. Outside the EU, the delivery time is 3 to 5 working days. This delivery information refers to the period after receipt of the order upon confirmation of payment. The information on readiness for dispatch refers to stock availability in the warehouse and dispatch after confirmation of payment. The delivery time from order is therefore also based on the selected payment method and availability. Please also read the delivery status display.

d. If the object or scope of performance is changed at the request of the purchaser after acceptance of the offer, this shall in any case set a new reasonable delivery period, even for the unchanged part of the order.

e. Two weeks after a delivery date or a delivery period has been exceeded, the purchaser may request Sleezzz GmbH in writing to fulfill the contract within a reasonable period of time, but at least 10 days. This shall not apply if the purchaser has failed or refused to cooperate in the fulfillment by Sleezzz GmbH. If Sleezzz GmbH does not perform within the set period, the purchaser may withdraw from the contract (§ 323 BGB). This shall not apply if the failure to meet the deadline is due to force majeure and other unforeseeable obstacles, such as riots, operational disruptions, strikes, lockouts, even if they occur at Sleezzz GmbH's suppliers or sub-suppliers. Sleezzz GmbH reserves the right to customary deviations, provided that the object of performance is not significantly changed and this is reasonable for the purchaser.

f. The color representation on a screen may differ slightly from the real color.

§ 7 Transfer of risk

a. The risk of any loss or deterioration of the item shall pass to the purchaser upon handover to or default of acceptance by the purchaser, in the case of sale by dispatch already upon handover to the person carrying out the transportation. If shipment is impossible through no fault of Sleezzz GmbH or prevented due to lack of cooperation of the purchaser, the risk shall pass to the purchaser upon notification of readiness for shipment.

b. Sleezzz GmbH reserves the right to ship the goods on a different transport route than the one indicated, even if the purchaser instructs otherwise, if this does not result in a considerably higher risk of deterioration or loss. Liability in accordance with § 447 II BGB is limited to cases of gross negligence and intent.

c. Damage that was already present as such in the item description at the time the contract was concluded cannot be recognized as transport damage.

§ 8 Acceptance and compensation

The purchaser shall inspect the delivered goods immediately upon receipt for any transport damage and shall immediately notify Sleezzz GmbH in text form of any existing damage. If a justified transport damage is reported, Sleezzz GmbH shall, at its own discretion, assign the statutory rights to the purchaser or assert them in its own name; in the latter case, the commercial purchaser undertakes to authorize Sleezzz GmbH to assert them to the required extent.

a. If the purchaser is in default of acceptance, he shall bear any risk of loss or deterioration, unless Sleezzz GmbH is guilty of gross negligence or willful misconduct. In this case, Sleezzz GmbH is authorized to refuse the reshipment and may request the purchaser to pay the shipping costs incurred again in advance within a reasonable period of time.

b. If the purchaser does not fulfill the obligation to pick up the goods or to pay the shipping costs within the period according to b. above, Sleezzz GmbH is entitled to withdraw from the contract and to claim damages.

c. If Sleezzz GmbH is entitled to withdraw from the contract, Sleezzz GmbH is entitled to claim damages. This shall amount to 30% of the net value of the goods plus any further transportation and storage costs incurred. Sleezzz GmbH reserves the right to claim higher damages. The purchaser is entitled to prove a lower damage.

§ 9 Payment options

Payment can be made by prepayment to the provider's account, by credit card (Visa, Mastercard, American Express), by Paypal, by SOFORT bank transfer, Google Pay, Apple Pay and by Klarna purchase on account. There are no additional costs for any of these payment methods.

a. If payment by credit card or payment by SEPA procedure is chosen, the invoice amount will be debited by Sleezzz GmbH to Paypal upon completion of the order. Paypal then charges the invoice amount to the credit card company/financial institution. After the amount has been credited to the account of Sleezzz GmbH, the ordered goods will be shipped. The general terms and conditions of the respective credit card issuing bank/company apply in addition. Processing is carried out via Paypal, a verified payment system that carries out a validity check as part of the payment process. Sleezzz GmbH does not store the credit card or bank details. Please also read the privacy policy.

b. If you choose to pay with the PayPal system, the processing is based on the conditions specified by PayPal. Details can be found here:
www.paypal.com/de/home/

c. If you choose to pay in advance, Sleezzz GmbH will confirm the order in text form and collect the invoice amount by means of a prepayment order confirmation. This is payable immediately. After receipt of payment, the ordered goods will be shipped. An invoice will be issued when the goods are dispatched. In addition, it is pointed out that, according to the statutory regulation, default occurs 30 days after receipt of the invoice.

d. Payment by invoice and financing
In cooperation with Klarna AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we also offer customers in Germany the purchase on account and installment purchase as a payment option. Please note that Klarna Invoice and Klarna Installment Purchase are only available to consumers and that payment must be made to Klarna in each case.

Klarna invoice
When purchasing on account with Klarna, you always receive the goods first and you always have a payment period of 14 days. The full terms and conditions for purchase on account for deliveries to Germany can be found here. The online store charges a fee of €0 per order when purchasing on account with Klarna.

Klarna installment purchase
With Klarna's financing service, you can pay for your purchase flexibly in monthly installments of at least 1/24 of the total amount (but at least €6.95). Further information about Klarna installment purchase including the general terms and conditions and the European standard information for consumer credit can be found here.

Data protection notice
Klarna checks and evaluates your data and exchanges data with other companies and credit agencies if there is a legitimate interest and reason to do so. Your personal data will be treated in accordance with the applicable data protection regulations and in accordance with the information in Klarna's data protection regulations for Germany.

e. Payment by voucher

Payment can also be made with a valid voucher. If a buyer cancels the purchase of a product partially paid for with a gift voucher in accordance with § 10 of these GTC, the entire purchase price will be refunded pro rata via the bank account used for the purchase and by voucher. If a customer purchases several products as part of a single purchase transaction using a voucher and partially cancels this purchase or only makes use of their right of return for some of the products purchased in this way, the purchase price of the products in question will initially be refunded via the bank account used by the customer. Only when the amount paid by bank account has been refunded in full will any remaining amounts be refunded by voucher. If the entire purchase was made with a voucher, the refund will be made to a voucher.

Contract content and storage

The content of the contract is saved and is included in the order confirmation email along with all relevant information such as provider identification, order content and the GTC in text form. The contractual terms and conditions can also be accessed at any time via the following link: matratzen.discount/agb. Each page of the Sleezzz GmbH offer can be printed out at any time using the browser's print function.

§ 10 Right of withdrawal for consumers

Right of withdrawal for private customers, not applicable to commercial customers.

If you order as a consumer, i.e. as a natural person who concludes the contract for a purpose that cannot be predominantly attributed to their commercial or independent professional activity, a statutory right of withdrawal applies in your favor, about which we instruct you as follows:

Right of withdrawal for consumers (withdrawal policy):

You have the right to withdraw from this contract within thirty days without giving any reason.

The withdrawal period shall be thirty days from the day on which you or a third party other than the carrier designated by you takes possession of the goods.

To exercise your right of withdrawal, you must inform us
Sleezzz GmbH
Grebbener Street 7
52525 Heinsberg
E-Mail: customer-service@matratzen.discount
of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You can use the attached sample withdrawal form, but this is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.

Exceptions to the right of withdrawal:

The right of withdrawal does not apply to contracts for the supply of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer, as well as for contracts for the supply of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.

Consequences of withdrawal:

If you withdraw from this contract, we shall reimburse to you all payments received from you (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us) without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment. 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 the earliest.

Return of the goods:

You must return the goods immediately and in any event not later than fourteen days from the date on which you notify us of the revocation of this contract to

Sleezzz GmbH
Ferdinand-Porsche-Str. 4
52525 Heinsberg (Germany)

or to hand it over. The deadline is met if you send the goods before the period of fourteen days has expired. You will bear the direct cost of returning the goods.

You will only be liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Sample withdrawal form

(If you wish to withdraw from the contract, please fill out this form and send it back to us).

To: Sleezzz GmbH, Grebbener Str. 7, 52525 Heinsberg, customer-service@matratzen.discount

I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following

goods (*)/the provision of the following service (*) Ordered on (*)/received on (*)

Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only for notification on paper)
Date(s)

_______________________
(*) Delete as appropriate.

Note on statutory exclusions to the right of withdrawal:

According to § 312g para. 2 BGB, the right of withdrawal, unless otherwise specified, does not apply, among other things, to

Contracts for the supply of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer, (...)

Note on packaging for returns:

In the event of a revocation or return of the goods, we recommend using the original packaging to avoid damage to the goods when returning them. If this is no longer available, please use a similarly suitable type of packaging to avoid transport damage.

§ 11 Warranty

Warranty rights are governed by the general statutory provisions, unless otherwise specified below.

The following points are excluded from the guarantee claim:

1. Defective turning handles (damage usually caused by sudden tearing, which corresponds to improper handling)

2. Holes in the cover material (improper handling)

3. Unravelled quilting seams (usually due to improper handling, e.g. sharp object)

4. Dirty mattress after proper handover

5. Mattresses that are contaminated or smeared with body fluids and are in an unhygienic condition

6. Mold formation after more than 2 weeks of use, from this point on mold is due to environmental influences

7. Unsuitable slatted frame where the spacing between the slats is either too large, the slats too wide or too soft.

§ 12 Liability

Claims for damages against Sleezzz GmbH, its legal representatives and its vicarious agents for any legal reason whatsoever, be it for non-performance, breach of contractual or statutory ancillary obligations, culpa in contrahendo, contracts with protective effect for third parties and tort, are excluded, unless the damage is based on intent or gross negligence. This shall not apply to claims for damages arising from warranties of quality which are intended to protect the purchaser against the risk of consequential harm caused by a defect.

Sleezzz GmbH shall otherwise be liable

a. for the full amount of damages in case of its own gross negligence, that of its legal representatives and that of its leading vicarious agents, but not in case of gross negligence of simple vicarious agents;

b. also on the merits in the event of any culpable breach of cardinal obligations, in this case also by ordinary vicarious agents.

Liability shall be limited to compensation for typically foreseeable damage.

§ 13. indemnification

The above exclusion of warranty and liability according to clauses 11 and 12 shall not apply to damages resulting from injury to life, body or health caused by a negligent breach of duty by Sleezzz GmbH or an intentional or negligent breach of duty by a legal representative or vicarious agent of Sleezzz GmbH.

§ 10 Data protection/info

Please read the privacy policy under the item Privacy Policy.

§ 14 Bonuses / related transactions

Insofar as free gifts are included with individual items, these are linked to the main transaction and cannot be contested in isolation. Ownership of the free gifts shall not pass to the purchaser until the withdrawal period for the main item has expired.

If the main transaction is revoked, the bonus as part of the basic transaction and still owned by Sleezzz GmbH must also be returned.

§ 15 Place of fulfillment, place of jurisdiction, applicable law

Place of performance and exclusive place of jurisdiction for both parties shall be 52525 Heinsberg; this shall also apply to bills of exchange and check claims.

The law of the Federal Republic of Germany shall apply exclusively to all legal relationships between the parties, to the exclusion of the UN Convention on Contracts for the International Sale of Goods, even if the purchaser is domiciled or habitually resident abroad or if delivery is made abroad. The same is unattainable.

Provider identification:

Sleezzz GmbH
Grebbener Street 7
52525 Heinsberg
E-Mail: customer-service@matratzen.discount
matratzen.discount
Register court of the company: Local court Aachen - HRB 26767
represented by managing director: Alexandra Goertz

Information on online dispute resolution:

The EU Commission has created an internet platform for the online settlement of disputes (so-called "ODR platform"). The ODR platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. You can access the ODR platform via the following link: ec.europa.eu/consumers/odr/

We are not obliged or willing to participate in dispute resolution proceedings before a consumer arbitration board.