General Terms and Conditions of Sale and Delivery
I. Area of application
All deliveries provided by Lourie as part of Project Sleepyheads GmbH, hereinafter referred to as the seller, are performed exclusively on the basis of these general terms and conditions of sale and delivery. Any alternative terms and conditions on the part of the customer shall not apply unless we should confirm these in writing. There are no supplementary agreements.
II. Conclusion of contract
- The presentation of products in the online shop does not constitute a legally binding offer for the conclusion of a purchase agreement.
- In ordering the desired goods, via internet, e-mail or by telephone the customer makes a legally binding offer to conclude a purchase agreement. The purchase agreement is entered into once this offer has been accepted by the seller.
Our prices are in Euros and include the currently applicable statutory VAT and exclude postage.
IV. Retention of title
The purchase item shall remain the property of the seller until paid for in full.
V. Data protection
The customer expressly agrees to the processing and use of his/her data. Data requisite to complete the transaction shall not be stored, but used temporally. All personal customer data customer will naturally be treated with discretion. The forwarding of data to a third party without the express permission of the customer shall not occur. The seller undertakes to use all legal means to avoid any breach of integrity and confidentiality of the personal data collected. However, the security, the confidentiality or the integrity of the data sent on the Internet cannot be guaranteed because of the nature of the network. In particular, the seller cannot be held responsible for the loss, the communication to a third party or the fraudulent use of your user ID and password, which cannot be directly attributable to the seller.
Further information concerning the terms and conditions of use and data privacy can be found at http://www.google.com/analytics/terms/gb.html or at http://www.google.com/intl/en_uk/analytics/privacyoverview.html.
VI. Right of revocation
The customer may cancel his/her contractual statement, either in text form (letter, e-mail) or by returning the goods within 2 weeks, without stating the grounds. The term shall commence upon receipt of this information at the earliest.
When the information concerning cancellation rights is provided subsequent to the conclusion of the contract, a cancellation period of one month shall apply. The period begins upon receipt of the goods or receipt of the cancellation rights in text form on the part of the consumer however not before fulfilment of the seller’s duty to supply information pursuant to Article 246 paragraph 2 in conjunction with paragraph 1 (1)(2) of the Introductory Act to the German Civil Code (EGBGB) as well as the seller’s duties pursuant to Article 312g (1) first sentence of the German Civil Code (BGB) in conjunction with Article 246 paragraph 3 of the Introductory Act to the German Civil Code (EGBGB).
The timely sending of the revocation or the goods is sufficient for adherence to the revocation term.
Revocation is to be addressed to: Project Sleepyheads GmbH iL, Lourie, Chorinerstr. 54, 10435 Berlin.
VII. Consequence of revocation
In the event of an effective revocation, the mutual received goods are to be returned and possibly enjoyed usage (e.g. advantage of use) is to be released. If you cannot refund us the received goods entirely or partially or only in deteriorated condition, you must compensate us commensurately. For the transfer of tangible goods, this does not apply if the deterioration of the object can be exclusively attributed to their examination – such examination as would for instance been possible to conduct in the retail shop. Tangible goods which can be sent as packages are to be returned at our risk. You have to bear the costs of the return shipment if the delivered goods correspond to those ordered and if the price of the object to be returned does not exceed 40€ or in the event of a higher price of the object, you have not yet executed the recompense or a partial performance thereof as contractually agreed upon at the time of the revocation. Otherwise the return shipment is free of charge for you. We will collect materials from you that are not transportable in a package. Obligations for the reimbursement of payments must be satisfied within 30 days. The time period for you begins with the dispatch of your revocation declaration or the object and for us with its receipt.
End of the revocation instructions: RETURNS please send to: Project Sleepyheads GmbH, Chorinerstr. 54, 10435 Berlin.
VIII. Final Provisions
- In the event that a provision of these general terms and conditions or any other agreement in the scope of this contract should be invalid, this shall not prejudice the validity of the remaining provisions. The statutory provision shall apply in substitution of the invalid provision.
- German law, excluding the UN Sales Convention (CISG), applies exclusively.