General Terms and Conditions for Business Customers
This is the general supplier information and the information on the conclusion of the contract and the general terms and conditions of Sleezzz GmbH for buyers acting in a commercial or self-employed capacity.
As of 28.12.2023
Conclusion of the contract with Sleezzz GmbH in the regular purchase.
Sleezzz GmbH, as the provider of this online shop, offers the items listed as a non-binding offer to prospective buyers to conclude a contract for the item offered. The prospective buyer has the option of placing the desired item(s) in the virtual shopping cart by clicking on the corresponding button. The items collected in the virtual shopping cart can be called up at any time by clicking on the shopping cart symbol. In the shopping cart view, you can then view the items, change their quantity or delete them from the shopping cart. The system then guides you through the further steps of the ordering process with the help of instructions. Before completing the order, you can change the order contents, correct or delete data at any time. To do this, please use the browser's "back button". Only by clicking on the order button in the last step of the order process do you declare your intention to purchase the item at the specified price. Your declaration of intent is therefore binding and irrevocable. The declaration of intent is made by clicking the "Order with obligation to pay" button at the end of the order process. Confirmation of receipt of your order will be sent together with the acceptance of the order by Sleezzz GmbH in text form by automated e-mail immediately after the order has been sent. The purchase contract is concluded with this confirmation.
Contract content and storage
The content of the contract is stored and is contained in the order confirmation by e-mail together 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-b2b.
Each page of the Sleezzz GmbH offer can be printed out at any time using the browser's print function.
Languages
The German language shall always apply to contractual relations and processing.
General Terms and Conditions of Sleezzz GmbH
§ 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 Subject matter of the contract
The respective subject matter and scope of the delivery and performance of the purchase contract result from the description of the article as it can be seen from the current offer of Sleezzz GmbH at the time of the order. Warranties shall only apply if they are included in the item description or have been assured by Sleezzz GmbH in text form.
a. The presentation of the goods in the Internet store does not constitute a binding offer on our part to conclude a purchase contract. You are merely requested 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 § 6) and payment costs (see § 5) may be added in non-EU countries.
c. Payment of the purchase price and costs is due upon conclusion of the contract.
§ 5 Terms of payment / counterclaims
Payment can be made variably and conveniently by credit card, Paypal express purchase, Klarna, SEPA direct debit, prepayment or invoice (only for public institutions).
a. If you choose to pay by credit card or SEPA direct debit, the invoice amount will be debited by Sleezzz GmbH to Paypal upon completion of the order. Paypal will then debit 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. If payment by invoice is chosen (only for public institutions), the goods will be dispatched immediately after the order is placed. The invoice is due for payment immediately. The parties agree that payment must be made within five working days of receipt of the invoice. It is pointed out that, irrespective of a reminder, default occurs automatically 30 days after receipt of the invoice (§ 286 para. 2 BGB), subject to the default provision in sentence 3. It is pointed out that the recipient of the invoice is in default in accordance with § 286 BGB at the latest if he does not make payment within 30 days of the due date and receipt.
e. If Sleezzz GmbH becomes aware of circumstances after the conclusion of the contract that affect the purchaser's compliance with his contractual obligations, such as payment obligations, Sleezzz GmbH is authorized to refuse the execution of the order until the provision of a security (such as a guarantee) or performance (such as payment); Sleezzz GmbH will set a reasonable deadline for this (§ 321 BGB).
f. The purchaser shall only be entitled to set off counterclaims against Sleezzz GmbH if such counterclaims are undisputed or have been recognized by declaratory judgment. The assertion of a right of retention is only permissible if the counterclaim is based on the same contractual relationship.
§ 6 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, Latvia, Poland, Portugal, Romania, Sweden, Slovakia, Slovenia, Czech Republic, Hungary, England, Belgium, Switzerland, Austria.
§ 7 Delivery
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.
§ 8 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.
§ 9 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 will, at its own discretion, assign the legal 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.
§ 10 Warranty
a. The warranty period is one year and begins with the delivery/collection of the goods. The goods must be inspected for existing defects immediately upon delivery/collection. Obvious defects must be reported to Sleezzz GmbH in text form within two working days from delivery/collection or knowledge of the goods. Non-obvious defects must be reported to Sleezzz GmbH in text form within three working days from the occurrence of the defect.
b. If the purchase is a mutual commercial purchase, it is agreed that the obligation to give notice of defects according to § 377 HGB (German Commercial Code) is fulfilled if the notice of defects is received by Sleezzz GmbH in text form within two working days from receipt of the goods or discovery of the defect.
c. If there is a defect or if such a defect occurs during the warranty period, Sleezzz GmbH is entitled to remedy this defect by subsequent delivery, replacement delivery or repair, at Sleezzz GmbH's discretion. If the defect is not remedied twice, the purchaser retains his statutory warranty rights.
d. Natural wear and tear is excluded from the warranty.
§ 11 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 the event of its own gross negligence, that of its legal representatives and that of its leading vicarious agents, but not in the event of gross negligence on the part of simple vicarious agents;
b. also on the merits in the event of any culpable breach of cardinal obligations, in this case also by simple vicarious agents.
Liability shall be limited to compensation for typically foreseeable damage.
§ 12. indemnification
The above exclusion of warranty and liability according to clauses 7 and 8 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.
§ 13 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 applies if the purchaser later moves his habitual residence abroad or is unreachable.
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.