General Terms and Conditions SEVEN SUNDAYS Deutschland GmbH

§ 1 Scope of application

  1. The following General Terms and Conditions apply to contracts between SEVEN SUNDAYS Deutschland GmbH, Osterwaldstr. 10c, 80805 München   (hereinafter referred to as "SEVEN SUNDAYS") and the Customer (hereinafter referred to as "Customer") with regard to contracts entered into via the website seven-sundays.shop (hereinafter referred to as "website").
  2. Contradictory, deviating or supplementary general terms and conditions of the Customer will not become part of the contract unless SEVEN SUNDAYS expressly agrees to their validity.
  3. All information provided by the Customer in the order placement process must be up-to-date and truthful. The registration of a minor customer requires the consent of his/her legal guardian(s). There is no entitlement to the conclusion of a contract.
  4. The Customer must keep his/her access data secret, in particular his/her password. The Customer must inform SEVEN SUNDAYS immediately if there are any indications that his/her access data may be used without authorisation.

 

§ 2 Conclusion of the contract

  1. The presentation of the goods on the website does not represent a legally binding offer by SEVEN SUNDAYS for the conclusion of a purchase contract. The Customer is merely invited to submit an offer by placing an order. By ordering the desired goods, the Customer submits a binding offer to conclude a purchase contract.
  2. When one or more products are selected, they are placed in a virtual shopping basket, where the selected product(s) can be viewed and their quantity changed or the products removed. By pressing the "Checkout" button, the Customer is requested to enter the relevant shipping information and to select a payment method. Before completing the order, the Customer is shown a summary of all information relevant to the order. By pressing the button "buy" or "order subject to payment", the ordering process is completed and the order is sent.
  3. By sending the order from the website, the Customer submits a binding offer, which is directed towards the conclusion of a purchase contract for the product(s) contained in the shopping basket. By sending the order, the Customer also accepts these Terms and Conditions as the only binding terms and conditions according to which the legal relationship with SEVEN SUNDAYS is regulated.
  4. SEVEN SUNDAYS confirms receipt of the Customer's order by sending a confirmation e-mail. This order confirmation does not yet represent acceptance of the contract offer by SEVEN SUNDAYS. It only informs the Customer that the order has been received by SEVEN SUNDAYS. The declaration of acceptance of the contract offer takes place with the dispatch of the goods or an express declaration of acceptance.

 

§ 3 Prices, shipping costs, import duties (customs), delivery times

  1. The price(s) listed for the product(s) at the time of the order shall apply to the orders. All prices listed are final prices (gross prices) which include the statutory value added tax and other price components. Shipping costs and import taxes and duties, if applicable, must be added.
  2. The goods are shipped directly by our Swiss distributor. Due to customs regulations, the Customer as the recipient of the goods(s) is liable for the payment of customs duties.
  3. SEVEN SUNDAYS will pay the shipping costs for pillows & accessories with an order value of 69,00 EUR or more.  For orders with value less than 69,00 € a shipping fee of 4,90 EUR per order applies (Germany, Austria, and Switzerland). For mattresses (Pure, Pure+, Classic), the Customer can choose between delivery by shipment  (free) or delivery by courier (129,00 EUR). For box spring mattresses, only delivery by a courier is possible (129,00 EUR). For toppers, layers and duvets, shipping costs is free of charge.
  4. In the case of a cash on delivery payment, the purchase price becomes due for payment on the day of receipt of the delivery by the Customer. If payment is not made within 14 days of the due date, the Customer will be in default.
  5. Goods marked as "available for delivery" on the website will be delivered immediately after receipt of the order and, if applicable, after advance payment has been received, generally within a maximum of 5 working days. Any differing delivery times will be specified on the respective product page.

 

§ 4 Payment

  1. SEVEN SUNDAYS generally offers the following payment methods: Credit Card, PayPal, AmazonPay, Klarna, and SOFORT.  For each order we reserve the right not to offer certain payment methods and to refer to other payment methods.
  2. The Customer agrees that invoices and credit notes are transmitted exclusively in electronic form.
    1. Credit card: In the case of purchase by credit card, your credit card account will be charged on the day of the order.
    2. PayPal: Payment is processed by the service provider PayPal (Europe) S.à r.l. et Cie, 22-24 Boulevard Royal, LU-2449 Luxembourg, subject to the PayPal terms of use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.
    3. AmazonPay – is processed by the service provider Amazon Payments Europe S.C.A. 5, Rue Plaetis, LU-2338 Luxembourg subject to the  AmazonPay-Terms, which can be viewed at https://pay.amazon.com/de/help/201751590
    4. SOFORT - is processed by the service provider SOFORT GmbH, Theresienhöhe 12, 80339 München, a division of Klarna Group (Klarna AB (publ), Sveavägen 46, SE-111 34 Stockholm) subject to the Klarna-Terms, which can be viewed for Germany at  https://www.klarna.com/de/agb/ and Austria at https://www.klarna.com/at/agb.  
    5. Terms of Payment by Installments with Klarna for Germany at  https://www.klarna.com/de/agb/ and Austri  at https://www.klarna.com/at/agb/ 
  1. In no event will SEVEN SUNDAYS assume the costs of a money transaction.

 

§ 5 Procurement risk, delivery and transfer of risk

  1. SEVEN SUNDAYS does not assume any procurement risk, not even in the case of a purchase contract for a generic product. SEVEN SUNDAYS is only obliged to deliver from its stock of goods as well as from the delivery of goods ordered by SEVEN SUNDAYS from its suppliers.
  2. SEVEN SUNDAYS’ obligation to deliver does not apply if SEVEN SUNDAYS has for its part properly ordered the goods but they have not been delivered correctly or on time and if SEVEN SUNDAYS is not responsible for the non-availability thereof, has informed the Customer thereof immediately and has not assumed any procurement risk.
  3. Should goods not be available, SEVEN SUNDAYS will immediately refund any advance payment.
  4. The delivery time will be extended appropriately in the event of force majeure affecting the delivery. Force majeure includes: (i) strike, (ii) lockout, (iii) governmental interventions, (iv) shortage of energy and raw materials, (v) transport bottlenecks through no fault of our own, (vi) operational hindrances through no fault of our own, for example in case of fire, water and machinery damage and all other hindrances which, viewed objectively, have not been culpably caused by us. We will inform you immediately of the beginning and end of such hindrances. The Customer is entitled to withdraw from the contract if the impediment to process the order in the aforementioned cases continues for a period of more than 4 weeks after the originally applicable delivery times. There shall be no further claims, in particular for damages.
  5. In the case of consumers, the risk of accidental loss or deterioration of the goods sent by shipment order shall pass to the consumer or to a recipient designated by the consumer at the time the goods are delivered. This applies irrespective of whether the shipment is insured or not. Furthermore, the risk of accidental loss and deterioration of the goods shall pass to the Customer at the time of delivery of the goods or, in the case of a shipping order, at the time when the goods are handed over to the shipping agent or to the person or organisation responsible for dispatch.
  6. If the Customer is a company, the shipment risks shall be transferred to our logistics cooperation partner as soon as the goods have been handed over by us. At the same time, if we are unable to meet a delivery deadline for reasons for which we are not responsible, we reserve the right to set a reasonable new delivery time after immediately informing the Customer. If the ordered goods are still not available by this new delivery time, we shall be entitled to withdraw from the Contract. Any sums already paid shall be refunded immediately.
  7. Delivery on a requested date is not possible in the case of delivery by parcel service. If the Customer is not present at the first delivery attempt, the guidelines of the commissioned parcel delivery company apply for subsequent delivery attempts. SEVEN SUNDAYS has no influence on the execution of further delivery attempts.

 

§ 6 Retention of title

  1. In the case of consumers, the goods remain the property of SEVEN SUNDAYS until full payment has been made.
  2. The Customer shall only have a right of set-off if his/her counterclaims have been judicially determined by a final and conclusive decision or if they are undisputed or recognised by us. This shall not apply to claims which accrue to the Customer as a result of the exercise of his/her right of withdrawal.
  3. If the Customer is in arrears with any payment obligations to SEVEN SUNDAYS, all existing claims become due immediately.

 

§ 7 Extended retention of title

  1. SEVEN SUNDAYS reserves the ownership of the goods until the complete settlement of all claims resulting from the current business relationship with Customers other than consumers. The corresponding warranty rights are transferable to third parties. Prior to the transfer of ownership of the goods subject to retention of title, the Customer is not entitled to pledge the goods or to transfer ownership of the goods by way of security.
  2. The Customer is entitled to resell the goods within the scope of normal business activities. In this case, the Customer already assigns all claims from the resale to SEVEN SUNDAYS for an amount corresponding to the invoice amount. SEVEN SUNDAYS accepts this assignment. The Customer is authorised to collect the claim. SEVEN SUNDAYS reserves the right to collect the claim itself if the Customer does not fulfil his/her payment obligations correctly.
  3. In case of combination and mixing of the goods subject to retention of title, SEVEN SUNDAYS acquires co-ownership of the new property in the same proportion to the invoice value of the goods subject to retention of title to the other processed objects at the time of processing.
  4. SEVEN SUNDAYS undertakes to release the securities to which it is entitled at the request of the Customer insofar as the value of the securities exceeds the claim to be secured by more than 10%. The choice of the securities to be released is incumbent on SEVEN SUNDAYS.

 

§ 8 Legal right of withdrawal

Consumers shall have a right of withdrawal in accordance with the following provisions, a consumer being any natural person who concludes a legal transaction for a purpose which cannot be attributed to his/her commercial or independent professional activity.


Cancellation policy


Right of withdrawal

You have the right to cancel this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day on which you or a third party named by you, other than the shipping agent, has or has taken possession of the goods.

In order to exercise your right of withdrawal, you must inform us (SEVEN SUNDAYS, Osterwaldstr. 10c, 80805 München) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the enclosed withdrawal form for this purpose; however, this is not mandatory.

In order for the withdrawal period to be observed, it is sufficient for you to send a notification of your exercise of your right of withdrawal before the expiry of the withdrawal period.


Consequences of withdrawal

If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type 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 received notification of your withdrawal 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; in no event will you be charged for this repayment. We may refuse repayment until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is the earlier.

You must return or hand over the goods to us without delay and in any case no later than fourteen days from the day on which you notify us of the withdrawal of this contract. The deadline is met if you dispatch the goods back before the end of the period of fourteen days.

We will 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 any handling of the goods which is not necessary for the inspection of the condition, properties and functioning of the goods.


End of the withdrawal instruction

Withdrawal form

(If you wish to withdraw from the contract, please complete and return this form).

  • SEVEN SUNDAYS, Osterwaldstr. 10c, 80805 München
  • I/we (*) hereby withdraw from the contract entered into 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 in case of paper communication)
  • Date

(*) Delete as applicable.

 

§ 9 Voluntary right of withdrawal

  1. The Customer has the right to withdraw from this contract within 30 days without giving any reason. The voluntary right of withdrawal begins after expiry of the statutory right of withdrawal of 14 days and continues for a further 16 days. Thus, the Customer has a total right of withdrawal of 30 days (14 days statutory, 16 days voluntary).
  2. In order to exercise the right of withdrawal, the Customer must inform SEVEN SUNDAYS, Osterwaldstr. 10c, 80805 München by means of a clear declaration (e.g. a letter sent by post or e-mail) of his/her decision to withdraw from this contract. The Customer may use the withdrawal form for this purpose; however, this is not mandatory. In order for the withdrawal period to be observed, it is sufficient for the Customer to send a withdrawal notice before expiry of the withdrawal period.
  3. If the Customer withdraws from this contract in accordance with his/her right of withdrawal, SEVEN SUNDAYS will reimburse the Customer for all payments received by SEVEN SUNDAYS, including delivery costs (with the exception of additional costs resulting from the fact that the Customer has chosen a type of delivery other than the cheapest standard delivery offered by SEVEN SUNDAYS), without delay and at the latest within 14 days from the day on which evidence is provided that the product was returned. For this repayment, SEVEN SUNDAYS will use the same means of payment used by the Customer for the original transaction, unless otherwise expressly agreed with the Customer; in no event will the Customer be charged for this repayment. SEVEN SUNDAYS is entitled to refuse repayment until SEVEN SUNDAYS has received the goods back or until the Customer has provided evidence that he/she has returned the goods, whichever is the earlier.
  4. The statutory right of withdrawal shall remain unaffected by this provision and shall remain valid irrespective of it. Until expiry of the period of the statutory right of withdrawal, only the statutory conditions mentioned therein shall apply.
  5. This right of withdrawal does not affect the Customer's statutory warranty rights, which shall remain unrestricted.

 

§ 10 Warranty

  1. The statutory provisions shall apply
  2. The warranty period for consumers is two years, while for Customers other than consumers it is 12 months from the legal start of the limitation period. This does not apply to damages resulting from injury to life, body or health, caused by SEVEN SUNDAYS culpably, and not for damages due to gross negligence or intent or fraudulent intent of SEVEN SUNDAYS, as well as in the case of claims for compensation pursuant to §§ 478 and 479 of the BGB (Civil Code).
  3. Only SEVEN SUNDAYS' own specifications and the manufacturer's product description are deemed to be agreed upon with regard to the quality of the goods, and not any other advertising, public promotions or statements by the manufacturer.
  4. The Customer other than a consumer is obliged to examine the goods without delay and with the necessary care for possible differences in quality and quantity and to inform SEVEN SUNDAYS in writing of any apparent defects within seven days after receipt of the goods, whereby timely dispatch is sufficient to meet the deadline. The same applies to hidden defects that are discovered later. Failure to comply with the obligation to examine and complain shall exclude the assertion of warranty claims.
  5. SEVEN SUNDAYS fulfils the warranty claim for defective purchased goods at its discretion by rectification or replacement delivery. If the rectification of defects fails twice, the Customer can demand a reduction or withdraw from the contract at his/her discretion. In the event of rectification of defects, the Customer shall bear the additional costs resulting from the fact that the goods were transported to a location other than the place of performance, insofar as the transfer does not correspond to the intended use of the goods.
  6. Claims based on the Product Liability Act remain unaffected.
  7. Differences in samples, dimensions, colours, texture etc. which are beyond the control of SEVEN SUNDAYS do not constitute a defect. All measurements of the covers and mattresses are marginal measurements; the standard measurement tolerance in the trade is +/- 3%.

 

§ 11 Guarantee

    1. SEVEN SUNDAYS guarantees all new

     

    • Mattresses for a period of 60 months
    • Topper for a period of 30 months,

     

    from the date of receipt, against deformation and durability of the core materials (i.e. conclusively (i) in the event of tears, dents or damage to the foam resulting from a material or production defect, which occurred despite correct and proper use, and (ii) in the event of a material or production defect in the zip). In case of a justified guarantee claim, SEVEN SUNDAYS will, at its discretion, rectify the defect by repairing it, exchanging it or taking it back and refunding the purchase price. In order to ensure the smooth running of the guarantee claim, the Customer is requested to provide photographs of the goods concerned.

    1. The guarantee can be extended by the duration of the original guarantee period by means of a completed product registration, which must be completed within 6 months of purchase (i.e. a guarantee for the duration of 120 months applies to mattresses; a guarantee for the duration of 60 months for toppers).

     

    1. This guarantee is degressive. This means that, in case of damage, and of a guarantee claim, SEVEN SUNDAYS will assess the relative value of the product in relation to the original gross purchase price as follows:

     

      • 1. Mattresses
          • 0 – 60 Months 100%,
          • 61 – 96 Months 25%,
          • 97 – 120 Months 10%.
          • 2. Topper
              • 0 – 30 Months 100%,
              • 30 – 60 Months 10%.

             

            1. The guarantee does not apply to damage caused by improper use or lack of or incorrect care.
            2. The statutory rights of withdrawal and warranty remain unchanged.

               

              § 12 Limitation of liability

              1. SEVEN SUNDAYS is liable, irrespective of the legal grounds and within the scope of the applicable legal provisions, only under the conditions provided for in paragraphs 2 and 3 below.
              2. SEVEN SUNDAYS is unrestrictedly liable for damage to life, body or health resulting from intentional or negligent fault on the part of SEVEN SUNDAYS or one of its legal representatives or agents. Furthermore, SEVEN SUNDAYS is liable for damages resulting from intentional fault or gross negligence on the part of SEVEN SUNDAYS or one of its legal representatives or agents, as well as for damages resulting from the non-fulfilment of a guarantee or quality promise obligation by SEVEN SUNDAYS or from fraudulently concealed defects.
              3. SEVEN SUNDAYS is liable for damages resulting from a slightly negligent breach of essential contractual obligations by SEVEN SUNDAYS or one of its legal representatives or agents, within the limits of compensation for damages foreseeable and typical for the respective contract. Essential contractual obligations are obligations whose fulfilment enables the proper fulfilment of the contract and which the contracting partner can regularly expect to be observed.

               

              § 13 Promotional vouchers

              Promotional vouchers are vouchers which cannot be purchased but which we offer as part of advertising and/or marketing activities with a clearly defined period of validity.

              These vouchers can only be redeemed once within the specified period; subsequent crediting and transfer to third parties is not possible. Individual products may be excluded from promotional vouchers. Multiple vouchers cannot be combined unless otherwise agreed. In addition, promotional vouchers may be subject to a minimum order value. For administrative reasons, it is not possible to refund any remaining credit. The balance of a promotional voucher is not paid out in cash and does not bear interest.

              A promotional voucher of a cancelled order and a return is automatically no longer valid.

              If after a purchase of two products that are part of a promotion (for example Couple-Deal) one of the products is returned, we reserve the right to charge the original price for the product kept by customer.

               

               

              § 14 Data protection and confidentiality

              1. The Customer is advised that SEVEN SUNDAYS collects, processes and uses personal inventory and usage data in machine-readable form within the scope of the purpose of the contractual relationship. All personal data will be treated confidentially. SEVEN SUNDAYS’ data protection declaration can be viewed at https://seven-sundays.shop/pages/datenschutz
              2. The contracting parties undertake to treat as confidential any information relating to the other party of which they become aware in the course of the performance of the contract.

               

              § 15 Consumer dispute resolution

              The EU Commission provides a platform for out-of-court online dispute resolution (ODR platform), which can be accessed at https://ec.europa.eu/consumers/odr. 

              We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.

               

              § 16 Storage capability and access to the text of the contract

              1. The Customer can view these General Terms and Conditions at the URL  https://seven-sundays.shop/pages/agb    Furthermore, this document can be printed out or saved by using the usual function of your Internet service program (= browser: usually "File" then "Save as").
              2. The Customer can also simply store his/her order data by downloading the General Terms and Conditions and saving the summary data on the last page of the order in the online shop by using the functions of his/her browser or, alternatively, wait for the automatic order confirmation which SEVEN SUNDAYS also sends to the Customer by e-mail after completion of the order to the e-mail address provided by the Customer. This order confirmation e-mail again contains the order data and a link to the General Terms and Conditions.

               

              § 17 Contractual language, applicable law and place of jurisdiction

              1. The language of the contract is exclusively German.
              2. Germans law applies to all legal transactions or other legal relationships with SEVEN SUNDAYS. The United Nations Convention on Contracts for the International Sale of Goods (CISG) and any other intergovernmental agreements, even after their integration into German law, are not applicable. In the case of contracts with a purpose that cannot be attributed to the professional or commercial activity of the party entitled (consumer contracts), this choice of law shall apply only to the extent that the protection granted is not voided by mandatory provisions of the law of the country in which the consumer has his/her habitual residence.
              3. In business transactions with merchants and legal persons under public law, the registered office of SEVEN SUNDAYS (München) is designated as the place of jurisdiction for all disputes arising in relation to these General Terms and Conditions and the individual contracts concluded on the basis thereof, including complaints about bills of exchange and cheques. In this case, SEVEN SUNDAYS is also entitled to file a complaint at the location of the customer's registered office.

               

              § 18 Severability clause

              The possible invalidity of one or more clauses hereof shall not affect the validity of the remaining clauses. Instead of the invalid clauses, the closest legally permissible approximation to the economic intention shall be retained. This also applies to the supplementary interpretation of the contract.

               

              § 19 General Terms and Conditions for the  DS-GVO

              Terms and Conditions to comply with DS-GVO are located  here.

               

              1. Januar 2022