§ 1 Basic Terms
(1) The below-mentioned terms and conditions are valid for every contact which you conclude with the Neonatura GmbH on the websites https://www.futonwerk.de/, https://www.futonwerk.ch/, or https://www.neonatura.de/. Except when otherwise stipulated, the inclusion of any of your own terms and conditions will be contradicted.
(2) Consumer, in the sense of the below-mentioned regulations, is any natural person, concluding a legal transaction for personal uses, which predominantly neither can be classified with your industrial activity nor with your self-employed activity.
§ 2 Accomplishment of A Contract
(1) The primary object of the contract is the sale of our goods as well as services in the course of delivery.
(2) With the placing of the respective product on our website, we already make you a purchase offer on the terms declared in the article description.
(3) The contract is concluded online over the cart-system or through a clear statement, expressing a purchase intention via E-Mail or over the phone:
When buying online, the goods intended for purchase are placed in the „Cart“. By using the corresponding button in the navigation bar you can call up the „Cart“ and make adjustments to the order at any time.
After calling up the „checkout“ page and entering your personal data, as well as payment and shipping terms, all order data, as well as the final price, will appear again.
Insofar as you utilize an immediate-payment-system (e.g. PayPal, credit card, immediate transfer) as the payment method, you will be directed to the website of the payment-system provider after making the purchase decision (clicking on the button “buy now”).
Before placing the order you will have the opportunity to review or change (also by using the function „back“ of your web browser) all the data entered on our website, or to cancel the purchase.
By submitting the order over the button „purchase“ you legally binding declares the acceptance of the offer, whereby the contact comes about.
(4) When purchasing via Email, we apply your information or when purchasing via phone we will note your information regarding the product like delivery details, in order to create a binding purchase agreement, which we will send you as an order confirmation via Email or letter post, in case you do not have an Email address.
(5) Your requests for creating an offer are nonbonding for you. Upon request, we will execute a binding offer via Email which you can accept within two weeks days.
(6) The processing of the order and the forwarding of all the information needed regarding the formation of the contract takes place via E-Mail, mostly automatic. You, therefore, have to ensure that the E-mail address you entered is accurate, the reception of the Emails is technically guaranteed and in particular, is not prevented by any kind of Spam-filters. Thus, it is your responsibility to also look into the Spam-folder during the order process.
(7) When choosing the payment method “payment via bank transfer”, during which you directly are provided with a discount that will be presented to you on the website, the processing of your order will start after receiving the payment amount on our accounts.
§ 3 Payment Methods of External Providers
To offer you a diversity of payment methods, we are working with following financial service providers: sofortüberweisung, Giropay, Heidelpay, and PayPal. The general terms and conditions of each executing provider will be presented to you during the process.
(1) Most of the offered payment methods: debit, credit card, purchase on account are processed by PayPal. With the purchase decision (“buy now”) you give consent to the processing of your name and address to PayPal. With the payment via debit or bank transfer, you enter into a payment obligation with PayPal as we get paid by PayPal directly after incoming orders. The costs for the transaction shall be at our expenses.
(2) When paying via credit card you are -as usual- in touch with your credit card brand over your bank account. The costs for the transaction shall be at our expenses.
(3) When paying via Giropay or direct pay (sofortüberweisung) you will directly be directed to your bank account. The costs for the transaction shall be at our expenses.
§ 4 Right of Retention, Reservation of Ownership
(1) You can only exercise a reservation of ownership insofar as it concerns claims of the same contractual relationship.
(2) The goods will remain our property until an absolute payment of the purchase price.
§ 5 Guarantee
(1) The legal warranty rights are valid. This topic is just as extensive as it is boring, here a Wikipedia article regarding the topic: https://en.wikipedia.org/wiki/Warranty
(2) As a consumer, you are asked to immediately check your order for completeness, obvious defects, and transport damage after delivery and forward complaints to us as well as to the shipping company as soon as possible. Damages to the packaging which indicate possible damages to the goods are required to be noted on the delivery receipt (“packaging damaged” is enough, a picture is helpful). Should you fail to follow the requirements, it will not have any effect on your legal warranty claims.
§ 6 Choice of Law, Place of Fulfillment, Legal Domicile
(1) German law applies. For consumers, whose usual residence is not in Germany, this choice of law only applies insofar as it does not eliminate the protection granted to the consumer by mandatory provisions of the law of the country of habitual residence. In accordance with the so-called “Günstigkeitsprinzip”
(2) Place of fulfillment for all services resulting from existing business relationships with us as well as the legal domicile is Dortmund. The authority, to also invoke another legal court of jurisdiction remain unaffected thereby.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods do not apply explicitly.
II. Customer Information
- 1. Seller Identity
Alternative Dispute Resolution
The European Commission provides a platform for the alternative online-dispute resolution (OS-platform) accessible via http://ec.europa.eu/odr.
2. Information About The Accomplishment of A Contract
The technical steps for the formation of the contract, the formation of the contract itself, and the possibilities of correction follow in accordance to the above-mentioned regulations „Accomplishment of Contract“ of our General Terms and Conditions (Part I).
3. Contract Language, Contract Text Record
3.1 Contract Language is German.
3.2 The complete contract text will not be saved. The contract data can be printed or saved electronically, prior to sending the order via the online cart system,by using the print function of your web browser. After receiving the order in our facilities, the order data, the legally required information regarding distance contracts, and the general terms and conditions will be sent to you via E-Mail once again.
3.3 In case of requests for proposal outside the „online shopping card system“ you will receive all the contract data within the framework of a binding offer in text format, for example, via E-Mail, which you can then print or save electronically.
4. Important Characteristics of The Products or Services
The important characteristics of the products and/or the services can be found in the respective offer.
5. Prices and Payment Terms
5.1 The prices mentioned in the respective offers, as well as the shipping costs amount to the total price. These include all price components including all applicable taxes.
5.2 The incidental shipping costs are usually included in the purchase price in Germany otherwise a note showing the arising costs will appear.
5.3 If the delivery takes place in countries outside of the European Union, not preventable costs, not caused by us like for example customs duties, taxes, and money transfer fees (transfer or exchange fees of the credit institutions) can additionally be incurred, which have to be paid by you. We will inform you about the costs before the payment.
5.4 The paying methods available for you can be found with the help of the correspondingly denoted button on our website or in the respective offer.
5.5 Unless indicated otherwise in the individual paying methods, all payment claims, arising from the concluded contract, are due for immediate payment.
6. Terms of Delivery
6.1 We mainly deliver with our own vehicles, partially via DHL and abroad via haulage. If delivering with our own vehicles you will be informed via Email a week before delivery with the exact delivery period. If delivered via DHL, you will receive a “tracking code” on the day of dispatch. And if delivered via haulage you will receive a message when the goods leave our house and a telephonic notification by the deliverer on site.
6.2 Insofar as you are the consumer, it is regulated by law that the risk of accidental loss and the accidental deterioration of the sold item during the shipment will only be transferred to you when the goods are being handed over, no matter if the shipment is insured or not. This does not apply, if you independently task a shipment company or another person or institution, not named by the company, with the execution of the shipment.
7. Legal Warranty Right For Goods
The warranty shall be according to the regulation „Guarantee“ of our General Terms and Conditions (Part I).
If you withdraw from the contract and return the goods, you are responsible for damage-free transportation of the goods. The costs have to borne by you. If your residence is accessible with our own vehicle, during one of our delivery routes, we offer you the collection of goods which we will charge with 30-80€, depending on distance and effort. However, you are free to organize the return fright on your own, then you also will bear the freight risk.
Upon arrival, the condition will be examined. If the goods are unused and unscathed, you will not be charged. Otherwise, the level of usage or the damages, which you have to take the responsibility for, will be determined. Damages like stress marks will be fixed for a low price and the expenses borne by us will be offset. A return always causes costs, but we are fundamentally cautious to keep them to a minimum.
Last updated: 06.03.2018