(1) The following General Terms and Conditions apply to all business relationships between us and the customer in the version valid at the time of the order.
(2) "Consumer" is any natural person who concludes a legal transaction for predominantly private purposes within the meaning of § 13 BGB.
(3) "Entrepreneur" is a natural or legal person or a partnership with legal capacity that concludes a legal transaction in the exercise of its commercial or independent professional activity within the meaning of § 14 BGB.
(4) "Customers" within the meaning of these terms and conditions are both consumers and entrepreneurs.
(5) Deviating, conflicting or supplementary General Terms and Conditions of Business of entrepreneurs, even if known, shall not become part of the contract unless their validity is expressly agreed to in writing.
§ 2 Right of withdrawal of the customer as a consumer
Consumers are entitled to a right of withdrawal in accordance with the following provisions, whereby a consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity.
Right of withdrawal
You have the right to withdraw from this contract within 30 days without giving any reason. The withdrawal period is 30 days from the day on which you or a third party named by you, who is not the carrier, took possession of the last goods.
To exercise the right to cancel, you must inform us(Trend Shopping Global Ltd. No.678 Nathan Road, Mong Kok, Kowloon, Hong Kong, +49 (0) 32 221 098 768, support@hisleeptime.com) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax 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.
Consequences of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (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.
You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.
You shall bear the costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.
End of the withdrawal policy
Sample withdrawal form (use not mandatory)
(If you wish to withdraw from the contract, please complete this form and return it to us).
To:
Trend Shopping Global Ltd.
No.678 Nathan Road, Mong Kok, Kowloon, Hong Kong
support@hisleeptime.com
I/We(*) hereby give notice that I/We(*) withdraw from my/our(*) contract of sale of the following goods(*)/for the provision of the following service(*):
Ordered on (*)/received on (*):
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only for notification on paper):
Date:
(*) Delete as appropriate.
§ 3 Conclusion of a contract, storage of the contract text
(1) The following provisions on the conclusion of a contract apply exclusively to orders placed via our online store support@hisleeptime.com).
(2) If the contract is concluded, the contract is concluded with:
Trend Shopping Global Ltd.
No.678 Nathan Road, Mong Kok, Kowloon, Hong Kong
(3) The presentation of the goods in our online store constitutes a legally binding offer on our part to conclude a purchase contract. The customer bindingly accepts this offer by ordering the desired goods. The purchase contract is concluded upon successful submission of the order by the customer.
(4) The following regulations apply when an order is received in our online store. The customer submits a binding contractual offer by successfully completing the order procedure provided in our online store. The order is placed in the following steps:
- Selection of the desired goods;
- Confirm by clicking on the "Add to shopping cart" button;
- Check the details in the shopping cart; by clicking on the item heading, the respective item description is called up again; by clicking on the "+" or "-" sign, the number of selected goods can be adjusted or set to zero and/or removed from the shopping cart by clicking on "Remove";
- Confirmation by clicking the "Checkout" button;
- Log in with a registered customer account or enter the delivery address;
- Confirmation by clicking on the "Continue to shipping method" button;
- Select the shipping method;
- Confirmation by clicking on the button "Continue to payment method";
- Select the payment method and, if applicable, enter a billing address that differs from the delivery address;
- Binding submission of the order and acceptance of our offer by clicking on the button "Order with obligation to pay".
- If you select the "PayPal" instant payment system, you will be redirected to the PayPal log-in page before entering your personal data if you select PayPal Express, otherwise after sending the order, in order to log in with your data and confirm the payment;
- If you select the "AmazonPay" instant payment system, you will be redirected to the Amazon log-in page after sending the order in order to log in with your data and confirm the payment; after confirmation, the customer will be redirected back to our online store;
- If the "Sofort" instant payment system is selected, you will be redirected to the sofort.com log-in page after submitting the order in order to enter your bank and online access data and confirm the payment; after confirmation, the customer will be redirected back to our online store.
- If you select the "Klarna" instant payment system, you will be redirected to the payment-eu.klarna.com log-in page after submitting the order in order to enter your bank and online access data and confirm the payment; after confirmation, the customer will be redirected back to our online store.
- If you select the "Google Pay" instant payment system, you will be redirected to the Google log-in page after submitting the order in order to log in with your data and confirm the payment; after confirmation, the customer will be redirected back to our online store.
- If the "Apple Pay" instant payment system is selected, you will be redirected to the Apple log-in page after submitting the order in order to log in with your data and confirm the payment; after confirmation, the customer will be redirected back to our online store.
(5) Before submitting the binding order, the customer can go back one step in the order process by clicking on the "Back to" button and check and correct their details there. The order process is canceled by closing the Internet browser. We confirm receipt of the order and the conclusion of the contract immediately by means of an automatically generated e-mail.
(6) Storage of the contract text: We save the text of the contract and send you the order data and our GTC by e-mail. If you have placed the order via your customer account, the order data can also be viewed there. You can also view the GTC at any time at https://de.hisleeptime.com/pages/agb at any time.
§ 4 Prices, shipping costs, payment
(1) The prices quoted include the applicable statutory VAT and other price components. Any shipping costs are added.
(2) We shall inform the customer in the online store of the specific payment options available. The customer selects the preferred payment method independently from the available payment methods. Your account will be debited immediately after placing the order.
(3) The entrepreneur can only offset against an undisputed or legally established claim.
§ 5 Delivery, transfer of risk
(1) As a rule, you will find information on delivery times in the product description. If this is not the case, all items offered by us are ready for dispatch immediately. Domestic delivery takes place within 2-3 working days, to other countries within 5-7 days. The delivery period begins on the day the contract is concluded. If the end of the period falls on a Saturday, Sunday or public holiday at the place of delivery, the period ends on the next working day.
(2) If the customer is a consumer, the risk of accidental loss and accidental deterioration of the item sold shall not pass to the customer until the item is handed over to the customer, even in the case of sale by dispatch.
(3) If the customer is an entrepreneur, the risk and the risk of shipment shall be transferred as soon as the goods have been handed over by us to the commissioned logistics cooperation partner.
(4) If the customer is an entrepreneur, we reserve the right, in the event that we are unable to meet a delivery deadline for reasons for which we are not responsible, to set a new reasonable delivery deadline after informing the customer without delay. If the ordered item is still not available within this new delivery period, we are entitled to withdraw from the contract in the case of entrepreneurs. We shall immediately reimburse any consideration already paid.
§ 6 Retention of title
The goods remain our property until the purchase price has been paid in full.
§ 7 Statutory liability for defects
The statutory warranty regulations shall apply.
§ 8 Limitation of liability
(1) We exclude liability for damages caused by simple negligence, unless these result from the breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely, guarantees for the quality of the object of purchase, damages resulting from injury to life, body or health or claims under the Product Liability Act are affected. The same applies to breaches of duty by our vicarious agents.
(2) In the event of a breach of material contractual obligations, liability in cases of simple negligence shall be limited to damages that are typically associated with the contract and foreseeable.
§ 9 Contract language, choice of law, place of jurisdiction
(1) The contract language is German.
(2) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. In the case of consumers who do not conclude the contract for professional or commercial purposes, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.
(3) If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be our registered office.
§ 10 Customer service
Our customer service for questions, complaints and objections is available Monday to Friday from 08.00 to 18.00 - except on public holidays - at support@hisleeptime.com or +49 (0) 89 120 852 8410 .
§ 11 Information according to 36 VSBG §
We do not intend to participate in an alternative dispute resolution procedure and are not obliged to do so.
§ 12 Online dispute resolution
The European Commission provides a platform for online dispute resolution (OS), which you can reach at: https://www.ec.europa.eu/consumers/odr ; our email address is: support@hisleeptime.com
§ 13 Severability clause
In the event that one or more provisions of these terms and conditions are or subsequently become invalid or unenforceable, the remaining provisions shall remain unaffected, unless the omission of individual clauses would place a contracting party at such an unreasonable disadvantage that it can no longer reasonably be expected to adhere to the contract.
Status of the GTC: February 2022