Terms of service

Your contractual partner:

Mister Sandman GmbH
Kugelbreite 30
33154 Salzkotten
(hereinafter referred to as "Mr Sandman")
Tax ID No.: DE305164429
E-mail: kundenservice@mister-sandman.de

1. Scope of application of these terms
The following general terms and conditions, in the version valid at the time of the order, apply to all deliveries of goods and other provision of services based on orders placed via our online shops at www.mister-sandman.de or www.mistersandman.de. Deviating terms and conditions of the customer shall only apply if they have been expressly accepted by us in writing in advance in individual cases.

The language available for the conclusion of the contract is exclusively English. These General Terms and Conditions do not apply to the purchase of goods distributed by Mister Sandman GmbH on other online marketplaces.

2. Conclusion of contract

2.1: The presentation of the articles in the shops does not represent a legally binding offer, but a non-binding online catalog. By clicking the "buy" button, you place a binding order for the items in the shopping cart.

2.2: The receipt of an order will be confirmed to you immediately by electronic means. By the confirmation of the entrance, in which the order data are specified, no sales contract comes into effect.

2.3: Upon completion of the order process, we will send you confirmation of receipt of your order by e-mail, informing you that we have received your order. The order confirmation does not represent the acceptance of the contract offer. It merely serves to inform you that we have received your order. The declaration of acceptance of the contractual offer is made by the delivery of the goods or an express declaration of acceptance in the form of an order confirmation.

3. Prices and payments

3.1: All prices are final prices (gross prices). They include the legal value added tax. For delivery within Germany, we also assume the packaging and shipping costs for you, so that these are already included in the final price. Payments shall only be deemed to have been made on the day on which the invoice amount can be made available without loss.

3.2: Payment of the purchase price is to be made by you within 7 days after conclusion of purchase. The receipt of the purchase price on our account or, in the case of PayPal payment, the credit entry on our PayPal account is decisive. Only with complete payment the goods ordered by you are dispatched. Excluded from this is the purchase on account.

If the payment is not received within 7 days after conclusion of purchase, Mister Sandman GmbH is entitled to dispose of the goods otherwise. Your delivery may be extended or delayed accordingly.

3.3: Please note that we only accept payments from accounts within the European Union (EU). Any costs of a money transaction will be borne by you.

3.4: There is no entitlement to a specific method of payment. We reserve the right to offer different payment methods. The available payment methods are shown on our domains in the corresponding offers.

3.5: You agree to receive invoices and credit notes only in electronic form.

3.6: In the event of default in payment, Mister Sandman GmbH is entitled to charge the statutory default interest in the amount of 5 percentage points above the base interest rate of the European Central Bank and to assert it against the customer (§288 BGB).

4. Procurement risk, shipping conditions and delivery times

4.1: We are only obliged to deliver from our stock of goods and the goods ordered by us from our suppliers. Mister Sandman GmbH is entitled to withdraw from the contract if it does not receive the delivery item despite the prior conclusion of a corresponding purchase contract.

4.2: Mister Sandman GmbH will inform the customer about the delayed availability of the delivery item. If the customer wishes to withdraw, it will implement the right of withdrawal. In this case, Mister Sandman GmbH will reimburse the customer for the corresponding consideration, if already paid.

4.3: We deliver orders within the EU. If workdays are specified as deadlines, we understand this to mean all days from Monday to Friday inclusive, with the exception of German public holidays.

4.4: We dispatch your goods only after receipt of payment of the purchase price on our bank account. The delivery times shown on the Mister Sandman domains and in the order confirmation are approximate. The delivery times can deviate accordingly in a small framework downward as well as upward.

4.5: The relevant delivery times can be found in the individual offers. A desired date for the delivery is not possible with delivery by parcel service.

4.6: The customer can find the respective shipping method in the product description in the online shops operated by Mister Sandman GmbH.

4.7: If the customer is not present at the first delivery attempt of the goods, the execution of further delivery attempts is based on the guidelines of the respective commissioned parcel service. Mister Sandman GmbH has no possibility of influencing the execution of further delivery attempts.

4.8: Additional general terms and conditions and data protection notice of Klarna AB

Payment by invoice and financing

In cooperation with Klarna AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you purchase on account and hire purchase as payment options. Please note that purchase on account and hire purchase are only available to consumers and that payment must be made to Klarna.

Account

When buying on account with Klarna, you always get the goods first and you always have a payment period of 14 days. You can find the complete terms and conditions for purchase on account here. The onlineshop charges a fee of 0,00 Euro per order if you buy on account with Klarna.

Hire purchase

With Klarna's financing service you can pay your purchase flexibly in monthly instalments of at least 1/24 of the total amount (but at least € 6.95) or under the conditions otherwise specified in the cash register. Further information on instalment purchasing, including the Terms and Conditions and the European Standard Consumer Credit Information, can be found here.

Data protection notice

Klarna checks and evaluates your data and, if there is a legitimate interest and reason, maintains a data exchange with other companies and credit agencies. Your personal data will be treated in accordance with the applicable data protection regulations and in accordance with the information in Klarnas data protection regulations.

5. Transfer of risk / Place of performance

5.1: If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of performance for all contracts shall be the registered office of Mister Sandman GmbH.

5.2 In the case of customers who are entrepreneurs, the risk shall pass to them as soon as we or one of our suppliers have handed over the goods to be dispatched to the person responsible for transport or the consignment has left our warehouse or that of our vicarious agents.

5.3 In the case of customers who are consumers, the risk of accidental loss or accidental deterioration of the goods sold shall not pass to the purchaser or a recipient designated by the purchaser until the goods are handed over. This shall also apply in the case of sale by delivery to destination.

5.4 The handover is deemed to have taken place if the buyer is in default of acceptance.

6. Retention of title

Mister Sandman reserves ownership of the purchased item / delivered goods until full payment of all claims.

7. Cancellation Policy

Cancellation rights

You have the right to revoke this contract within fourteen days without giving reasons. The revocation period shall be fourteen days from the day on which you or a third party named by you who is not the carrier have taken possession of the goods last.

In order to exercise your right of withdrawal, you must inform us (Mister Sandman GmbH, Am Grarock 8, 33154 Salzkotten, Tel. 05258 20 900 45, e-mail: kundenservice@mister-sandman.de) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post, fax or e-mail). You can use the attached sample revocation form, which is not mandatory.

Sample withdrawal form

(If you want to cancel the contract, please fill out this form and send it back to us)

Mister Sandman GmbH,
Kugelbreite 30
33154 Salzkotten,
Tel. 05258 20 900 45,
E-Mail: kundenservice@mister-sandman.de

I/we (*) hereby cancel the contract concluded by me/us for the purchase of the following goods

_______________________________

- Ordered on (*)/received on (*)

_______________________________

- Name of the consumer(s):

_______________________________

- Address of consumer(s)

_______________________________

- Date:

_______________________________

- Signature of the consumer:

_______________________________

(*)Delete as appropriate

In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.

Consequences of withdrawal

If you revoke this agreement, we shall reimburse you immediately and no later than fourteen days from the date on which we received notice of your revocation of this agreement for all payments we have received from you, including delivery charges (other than additional charges arising from your choice of a method of delivery other than the cheapest standard delivery offered by us). We will use the same means of payment used by you in the original transaction for such refund, unless expressly agreed otherwise with you and in no event will you be charged for such refund. We may refuse to refund until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is earlier.

You must return or hand over the goods to us (Mister Sandman GmbH, Am Grarock 8, 33154 Salzkotten) immediately and in any case within fourteen days of the day on which you notify us of the revocation of this contract at the latest. This period shall be deemed to have been adhered to if you dispatch the goods before the expiry of the period of fourteen days. We shall bear the costs of returning the goods if you use the return label provided by us or the forwarding agent commissioned by us for a return shipment arranged within Germany. If you do not use the return label or the forwarding agent commissioned by us for the return of the goods, you shall bear the return costs.

You shall be liable for any depreciation of the goods only if such depreciation is due to handling of the goods which is not necessary to examine their nature, properties and functionality.

End of the cancellation policy

8. Voluntary right of return up to 30 days after receipt of goods

8.1: In addition to the statutory right of revocation, we grant you a voluntary right of return of a total of 30 days from receipt of the goods. With this right of return you can also withdraw from the contract after expiry of the 14-day cancellation period (see cancellation policy above) by informing us of your decision by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) within 30 days of receipt of the goods (start of period on the day after receipt of goods). However, the condition for exercising the voluntary right of return is that you have only tried out the goods for inspection and that you return the goods complete, in their original condition, undamaged and without damage in the original sales packaging.

8.2: The cost of returning the goods depends on the product purchased. Please note the details on the product detail page of the respective products.In case of returns of products of the product series Anea, Serena or Liara we bear the costs of the return.

In the event of a collection of products that do not belong to the Anea, Serena or Liara product ranges and are organised by Mister Sandman, the return costs will be calculated as follows:

Germany: 20€ (original packed)
Germany: parcel collection of unpacked goods from 25€ (for mattresses of size 80x200cm)
EU abroad: parcel collection from 40€ (for mattresses of size 80x200cm)
Non EU (Switzerland): Package pick-up from 80€ (for mattresses of size 80x200cm)
80€ for shipping pick-ups within Germany
150€ for shipping pick-ups in the EU foreign countries
200€ for shipping pick-ups in countries not belonging to the EU (e.g. Switzerland)
For other sizes please contact Mister Sandman for cost.

8.3: The refund will be made to the account used by the customer for payment if the voluntary right of return is exercised. In the case of payment by bank transfer, the return transfer will be made to the account from which the transfer was made. If the customer has paid by Paypal or credit card, the refund will be made to the associated Paypal or credit card account. If costs are incurred for the return of the goods, the refund amount will be reduced by the amount of the return costs.

8.4: The statutory right of revocation (No. 7 of these GTC) shall not be affected by compliance with the rules of the supplementary contractually granted voluntary right of return and shall remain in force independently thereof. Until the expiry of the period for the statutory right of revocation, the statutory conditions listed therein shall apply exclusively. In addition, the contractually granted voluntary right of return does not restrict the statutory warranty rights, which remain unrestricted for the customer.

9. Warranty

9.1: All goods are covered by statutory warranty rights.

9.2: For articles for which a warranty is specifically referred to in the product description, we grant, in addition to the statutory warranty for defects, a warranty in accordance with the applicable warranty conditions (No. 10 of these General Terms and Conditions - Warranty).

9.3: The statutory warranty obligations remain unaffected by the warranty. Shipping and packaging costs will not be reimbursed in the event of exchange as a gesture of goodwill.

9.4: Defects in the goods shall be remedied within the statutory period of liability for defects from receipt of the goods by the customer by replacement delivery or repair. The customer must return the defective goods to Mister Sandman GmbH at his own expense, stating the defect in writing. If this defect is discovered during the inspection of the goods, the costs incurred for the delivery of the goods by Mister Sandman GmbH will be reimbursed to the customer. Excluded is the return of the goods within the statutory revocation period within the framework of the Distance Selling Act.

9.5: Deviations from dimensions, samples, colours, condition, etc. as well as changes in construction and design of the goods over which Mister Sandman GmbH has no influence (deviations customary in trade or technically unavoidable) shall not constitute a defect. All measurements given by Mister Sandman GmbH are approximate:

Dimensions for textile goods are border dimensions. The customary dimensional tolerance of +/- 3 % shall apply;

Mattress dimensions are always approximate. The customary dimensional tolerance of +/- 3 % applies.

10. Guarantee

10.1: Within Germany, we grant an extended warranty of a total of 10 years on Mister Sandman mattress cores, irrespective of the statutory warranty of 2 years, which is evaluated in accordance with the following provisions. The purchase of the mattress must be proven by proof of purchase.

The guarantee applies to mattresses newly produced in the factory and purchased via our homepage www.mister-sandman.de or www.mistersandman.de

10.2: Warranty claim:

a visible hollow/dent of at least 2.5 cm at the deepest point resulting from a material or production defect,
cracking or breaking of the foam, which occurs despite proper use and treatment and is demonstrably caused by physical weak points.

10.3: In the event of a justified warranty claim, it is at our discretion to remedy the defect either by rectification, replacement of the mattress or reimbursement of the purchase price.

10.4: In the first two years after purchase there is a full warranty. From the third year of use, the warranty is reduced to 80 percent of the original purchase value. From the 4th year, the warranty is reduced by 10 percent of the proven purchase price annually. After 10 years from the date of purchase, the warranty period ends in any case.

10.5: Warranty claim does not apply to the following:

Deviations of up to 3% from the dimensions shown in the online shop,
Commercial use (e.g. hotels),
comfort preferences, normal decrease of strength due to natural wear of materials, natural wear and tear, especially of the mattress cover and discoloration of the foams,
improper use and treatment of the mattress and the resulting damage such as cracks, burn marks, cuts, damage caused by liquids, torn handles, folds, defective zippers or seams, soiling and consequential damage,
cleaning the cover under too high temperatures,
the use of the mattress outdoors, in a damp environment or on the floor and any resulting formation of mould stains and/or mould.

10.6: The buyer could be asked to return the product to us. After receipt of the product, the manufacturer will examine it with regard to the defect claimed by the buyer. If the inspection reveals a defect covered by the guarantee, we will reimburse the return costs incurred.

10.7: If a defect has been remedied by repair or replacement, this product will be covered by the same warranty as the original product from the date of original purchase.

10.8: A defect must be reported to us in writing immediately after becoming aware of it, within the warranty period.

11. Limitation of liability

11.1: Mister Sandman GmbH shall only be liable without limitation in cases of intent or gross negligence for all damages caused by Mister Sandman GmbH. This applies to damage caused to the customer by Mister Sandman GmbH, its legal representatives, executives or vicarious agents.

11.2: In the event of slight negligence, Mister Sandman GmbH shall only be liable in the event of injury to life, limb or health.

11.3: Otherwise, Mister Sandman GmbH shall only be liable in cases in which it has violated an essential contractual obligation. Essential contractual obligations are defined abstractly as those obligations the fulfilment of which is essential for the proper execution of the contract and on the observance of which the customer may regularly rely (cardinal obligation) as well as in cases of fraudulent misrepresentation. In such cases, liability shall be limited to compensation for the foreseeable, typically occurring damage.

11.4: Liability under the Product Liability Act remains unaffected.

11.5: Insofar as liability is excluded or limited in accordance with the aforementioned provisions, this shall apply both to Mister Sandman GmbH itself and to its legal representatives, executive employees or vicarious agents.

11.6: All claims for damages are limited to the foreseeable, contract-typical damage - excluded in the cases mentioned in paragraphs 11.1 and 11.5.

11.7: As a precaution, Mister Sandman GmbH points out that data communication via the Internet cannot be guaranteed to be error-free and/or available at all times according to the current state of technology. We are therefore not liable for the constant and uninterrupted availability of our online trading system.

12. Promotional vouchers

12.1: Promotional vouchers are vouchers which cannot be purchased but which we issue as part of promotional campaigns with a certain validity period.

12.2: Promotion vouchers can only be redeemed within the specified period and only once as part of an order process. Subsequent crediting is not possible. The promotional voucher cannot be transferred to third parties. Individual categories or articles can be excluded from the voucher action. Promotional vouchers cannot be used to purchase gift vouchers. Multiple promotional vouchers cannot be combined unless we have agreed otherwise. In addition, promotional vouchers may be subject to a minimum order value.

12.3: The value of the goods must be at least equal to the amount of the promotional voucher. If the credit of a promotional voucher is not sufficient for the order, the difference to a higher value of goods can be compensated with the offered payment options. The value of a promotional voucher will not be paid in cash or interest. The promotional voucher will not be refunded if all or part of the goods are returned.

12.4: If you have used a promotional voucher in your purchase, we reserve the right to charge you the original price of the goods you retain if, as a result of your cancellation, the total value of the order is less than or equal to the respective value of the promotional voucher.

13. Gift vouchers

13.1: Gift vouchers are vouchers that you can purchase. They can only be used for the purchase of items on the Mister Sandman domains, but not for the purchase of additional gift certificates. If the credit of a gift voucher is not sufficient for the order, the difference can be balanced with the offered payment options.

13.2: Gift vouchers and credits can only be redeemed prior to the completion of the order process. A subsequent settlement is not possible. The credit balance of a gift voucher will neither be paid out in cash nor will interest be charged on it.

13.3: The gift voucher is transferable. Reproduction, editing or manipulation of the vouchers is not permitted.

14. Data protection

14.1: Mister Sandman GmbH collects and processes the personal data of the customer required for the execution and processing of the order in accordance with the statutory provisions. This data is protected against access by third parties and is not accessible via the Internet. Further information is contained in the relevant data protection declaration, which can be viewed at any time under data protection provisions of Mister Sandman GmbH. The customer's consent is required for any additional data collected.

14.2: Insofar as data protection consents are declared by the customer, it is pointed out that these can be revoked at any time with effect for the future in relation to Mister Sandman GmbH. For the rest, we refer to our data protection regulations, which the customer can view at any time under data protection regulations of Mister Sandman GmbH.

15. Severability cause

Should individual provisions of these General Terms and Conditions of Business not be legally effective in whole or in part, or lose their legal effectiveness later, this shall not invalidate the other provisions of these General Terms and Conditions of Business. The invalid provision shall be replaced by the statutory provisions. The same applies if the general terms and conditions have an unforeseen omission.

16. Platform for Online Dispute Resolution (OS) of the European Commission

The European Commission provides a platform for online dispute resolution (OS). The platform can be found at http://ec.europa.eu/consumers/odr/

(As of 03.07.2018)