Terms of service

§ 1 Scope of Application, Definitions

(1) SR Betten Vertriebs GmbH, SR Betten Vertriebs GmbH, Mühenstraße 20, 53721 Siegburg, Germany, Managing Director: Andreas Steffen (hereinafter referred to as “we”, “us” or “BODYPUR® – YOUR SLEEP”), operates an online shop for goods via the website http://www.bodypur.de. The following General Terms and Conditions apply to all services provided between us and our customers (hereinafter referred to as the “Customer” or “you”) in the version valid at the time of the order, unless otherwise expressly agreed.

(2) A “Consumer” within the meaning of these Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or self-employed professional activity. An “Entrepreneur” is a natural or legal person, or a partnership with legal capacity, who, when entering into a legal transaction, acts in the exercise of their trade, business, or self-employed professional activity. A partnership with legal capacity is a partnership that is capable of acquiring rights and assuming obligations.

§ 2 Conclusion of Contracts, Storage of Contract Text

(1) The following provisions regarding the conclusion of contracts apply to orders placed via our online shop at http://www.bodypur.de.

(2) The presentation of our products on the internet is non-binding and does not constitute a binding offer to conclude a contract.

(3) Upon receipt of an order in our online shop, the following provisions apply: The Customer submits a binding offer to enter into a contract by successfully completing the ordering process provided in our online shop. The order is placed in the following steps:

Selection of the desired goods,
Adding products by clicking the relevant button (e.g. “Add to Cart”, “Add to Bag” or similar),
Reviewing the information in the shopping cart,
Accessing the order overview by clicking the relevant button (e.g. “Proceed to Checkout”, “Proceed to Payment”, “Go to Order Overview” or similar),
Entering/reviewing address and contact information, selecting the payment method, and confirming the General Terms and Conditions and cancellation policy,
Where the agreed characteristics of the goods deviate from their usual characteristics and requirements for use, confirming a negative quality agreement,
Completing the order by clicking the “Place Order with Obligation to Pay” button. This constitutes your binding order.

After you place your order, we will send an automated order confirmation. This does not yet constitute the conclusion of a contract. The contract is concluded when we expressly accept your order by separate email within 5 business days.

(4) If a contract is concluded, the contract is entered into with SR Betten Vertriebs GmbH, SR Betten Vertriebs GmbH, Mühenstraße 20, 53721 Siegburg, Germany, Managing Director: Andreas Steffen.

(5) Before placing an order, the contract details can be printed using the browser’s print function or saved electronically. The processing of the order and the transmission of all information required in connection with the conclusion of the contract—particularly order details, the General Terms and Conditions, and the cancellation policy—will be carried out by email after you have submitted your order, partly by automated means. We do not store the contract text after the contract has been concluded.

(6) Input errors can be corrected using the usual keyboard, mouse, and browser functions, such as the browser’s “Back” button. They may also be corrected by cancelling the ordering process early, closing the browser window, and repeating the process.

(7) The processing of the order and the transmission of all information required in connection with the conclusion of the contract will be carried out partly by automated means via email. You must therefore ensure that the email address stored with us is correct, that emails can be received technically, and, in particular, that receipt is not prevented by spam filters.

§ 3 Subject Matter of the Contract and Essential Product Characteristics

(1) The subject matter of the contract in our online shop is:

The sale of goods. The specific goods offered can be found on the relevant product pages.

(2) The essential characteristics of the goods can be found in the product description. If the agreed characteristics of the goods deviate from their usual characteristics and requirements for use, this will be expressly indicated in the product description (negative quality agreement). Where the Customer has given their express consent to the negative deviation in quality, this defines the subject matter of the contract.

§ 4 Prices, Shipping Costs and Delivery

(1) The prices stated in the respective offers, as well as the shipping costs, are total prices and include all price components, including all applicable taxes.

(2) The respective purchase price must be paid before delivery of the product (payment in advance), unless we expressly offer payment by invoice. The payment methods available to you are displayed under a correspondingly labelled button in the online shop or in the respective offer. Unless otherwise stated for individual payment methods, payment claims are due immediately.

(3) In addition to the prices stated, shipping costs may be charged for the delivery of products unless the respective item is indicated as free of shipping charges. Shipping costs will be clearly communicated to you in the offers, where applicable in the shopping cart system, and again in the order overview.

(4) Unless expressly stated otherwise in the product description, all products offered are ready for dispatch immediately (delivery time: approximately 3–14 business days after receipt of payment).

(5) The following delivery area restrictions apply: Delivery is available to the following countries: Belgium, Bulgaria, Germany, Denmark, Estonia, Finland, France, Greece, Ireland, Italy, Croatia, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Sweden, Slovakia, Slovenia, Spain, the Czech Republic, Hungary, Cyprus, and Austria.

§ 5 Right of Retention, Retention of Title

(1) You may exercise a right of retention only insofar as it concerns claims arising from the same contractual relationship.

(2) The goods remain our property until the purchase price has been paid in full.

§ 6 Right of Withdrawal

As a Consumer, you have a right of withdrawal. This is governed by our Cancellation Policy.

§ 7 Contract Language

German is the only language available for the conclusion of the contract.

§ 8 Liability

(1) Subject to the following exceptions, our liability for breaches of contractual obligations and in tort is limited to intent or gross negligence.

(2) We are liable without limitation in cases of slight negligence resulting in injury to life, body, or health, or in the event of a breach of an essential contractual obligation. If, due to slight negligence, we are in default with performance, performance has become impossible, or we have breached an essential contractual obligation, liability for resulting damage to property and financial loss is limited to the foreseeable damage typical for this type of contract. An essential contractual obligation is one whose fulfilment makes the proper performance of the contract possible in the first place, whose breach endangers the achievement of the contractual purpose, and on whose fulfilment you may regularly rely. This includes, in particular, our obligation to act and to provide the contractually owed service described in § 3.

§ 9 Warranty

(1) The statutory warranty provisions apply.

(2) For Entrepreneurs, the warranty period for delivered goods is 12 months.

(3) As a Consumer, you are requested to check the goods/digital content or services provided immediately upon fulfilment of the contract for completeness, obvious defects, and transport damage, and to notify both us and the carrier of any complaints as soon as possible. Failure to do so will, of course, not affect your statutory warranty rights.

§ 10 Final Provisions / Dispute Resolution

(1) German law applies. For Consumers, this choice of law applies only insofar as it does not deprive the Consumer of the protection granted by mandatory provisions of the law of the country in which the Consumer has their habitual residence (principle of favourability).

(2) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.

(3) If the Customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the Customer and the provider shall be the provider’s registered office.

(4) We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.