Terms and Conditions
1. Scope of application
1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) apply to all transactions between Relaxound GmbH, Wilhelm-von-Siemens-Str. 12-14, 12277 Berlin, represented by the managing directors Philipp Störring and Dennis Clasen (hereinafter referred to as Relaxound) and the customer (hereinafter referred to as “user”) via the internet presence www.relaxound.com) which can be accessed under the domain (hereinafter referred to as “relaxound.com”) (the user and Relaxound together hereinafter also referred to as “parties” or each individually as “party”).
1.2 Relaxound does not accept any deviating, additional or contradictory general terms and conditions of the user, so that these are not included in the contract. This does not apply if Relaxound has agreed to the inclusion of the user’s general terms and conditions in text form.
2.1 The offer on relaxound.com is directed exclusively at consumers as end users in the sense of § 13 BGB (German Civil Code). Relaxound therefore expressly reserves the right to offer and deliver goods to the user only in quantities customary in households.
2.2 A consumer in the sense of § 13 BGB is any natural person who concludes the contract for purposes that are predominantly neither commercial nor self-employed.
3. Conclusion of contract
A contract with Relaxound for the purchase of a product by the user is concluded as follows
3.1 Conclusion of contract without using PayPal
3.1.1 The range of goods offered on relaxound.com does not constitute a legally binding offer to conclude a sales contract, but merely an invitation to place an order (invitatio ad offerendum).
3.1.2 The user goes through the ordering process and presses the “Send order” button. By doing so, he submits a binding offer to conclude a purchase contract.
3.1.3 Before pressing the button “order subject to payment” the User has the opportunity to delete, correct and print out the data he has entered
3.1.4 The order confirmation sent to the user by Relaxound via e-mail does not represent an acceptance of the offer, but merely informs the user that the order has been received by Relaxound (confirmation of receipt).
3.1.5 The sales contract is concluded by sending the ordered goods. Relaxound informs the user by e-mail that the goods have been handed over to the logistics service provider (“shipping confirmation”). Relaxound is entitled, but not obligated, to accept the user’s contract offer within 14 days.
3.2 Conclusion of contract using PayPal
3.2.1 The range of goods offered on relaxound.com represents a legally binding offer to conclude a purchase contract on condition that the user chooses the payment method “Paypal”.
3.2.2 The user goes through the ordering process and clicks the button “order subject to payment”. The user thereby accepts the offer on the part of Relaxound and a binding purchase contract is concluded.
3.3.1 Every offer made by Relaxound or the acceptance of an offer is subject to the resolutory condition of product availability.
3.3.2 Should individual products not be available at the time of the user’s order, Relaxound reserves the right to reject the user’s order.
3.3.3 Relaxound also reserves the right to release itself from its service obligation if the ordered goods are not available after conclusion of the contract.
3.3.4 Relaxound will immediately inform the user of the non-availability of the product and, if applicable, immediately refund the user’s payment for the cancelled products. The contract of sale is a one-time purchase contract without any commitment to a term.
4. Instruction of revocation
As a consumer, the user is entitled to a right of revocation in accordance with the following revocation instruction:
4.1 Right of revocation You have the right to revoke this contract within 14 days without giving reasons. The withdrawal period is 14 days from the day on which you or a third party designated by you, other than the carrier, took or has taken possession of the last goods. In order to exercise your right of withdrawal, you must give us,
Phone +49 30 74 68 44 50
inform us by means of a clear statement (e.g. a letter sent by post or by e-mail) of your decision to withdraw from this contract. 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 end of the revocation period.
4.2 Consequences of the revocation If you cancel this Agreement, we shall reimburse you for all payments we have received from you, including delivery charges (other than any additional charges arising from your choosing a different method of delivery to the cheapest standard delivery offered by us), immediately and no later than 14 days from the date on which we receive notification of your cancellation of this Agreement. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund. We may refuse to refund until we have received the goods or until you have provided proof that you have returned the goods, whichever is earlier. You must return or hand over the goods to
immediately and in any case within fourteen days at the latest from the day you inform us of the cancellation of this contract. The deadline is deemed to have been met if you send the goods before the 14-day period has expired. We bear the costs of returning the goods. You will only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary for checking their condition, properties and functioning. According to § 312g BGB, the right of revocation does not apply, among other things, to
(a) in the case of the supply of goods which are not pre-packaged and for the production of which an individual choice or provision by the consumer is essential or which are clearly tailored to personal requirements; and
(b) in the case of delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene, if their seal has been removed after delivery.
5.1 The ordered products are sent to the delivery address indicated by the user.
5.2 The delivery address must be within the delivery area of Relaxound. Otherwise Relaxound can withdraw from the contract in text form with reimbursement of the respective purchase price, if already paid. Relaxound’s delivery area is displayed to the user during the ordering process under the menu item “Shipping & Payment”.
5.3 Relaxound reserves the right to make partial deliveries within the scope of what is reasonable for the user. Relaxound will inform the user of this in the shipping confirmation.
6. Prices and shipping costs
6.1 The prices quoted onrelaxound.com at the time of the order shall apply.
6.2 All prices are final prices including the applicable statutory value added tax and other duties (total prices).
7. Terms of payment
7.1.1 If the user chooses the payment method “PayPal”, he will be redirected to the internet presence of the company PayPal (Europe) S.à r.l. et Cie, S.C.A. 22-24 Boulevard Royal, L-2449 Luxembourg, operated under the domain paypal.de. 7.1.2 The payment transaction will be carried out automatically by PayPal after entering the required data and confirmation by the User immediately after confirmation of the payment order.
7.2 Direct debit
7.2.1The user issues Relaxound a direct debit mandate with confirmation of the payment method “direct debit”. This means that Relaxound debits the account specified by the user with the respective payment amount.
7.2.2 Relaxound reserves the right to check the user’s ability to pay.
7.3 Credit card
7.3.1 If the User has chosen the credit card payment method, the payment transaction will be carried out by the credit card company and the credit card will be charged immediately after confirmation of the payment order and after the User has been legitimated as the legitimate cardholder by the credit card company.
7.3.2 Relaxound reserves the right to check the creditworthiness of the user.
8. Reservation of title
The delivered products remain the property of Relaxound until the complete fulfilment of all claims from the sale.
9.1 Relaxound has unlimited liability to the user for all damages caused by the user as well as his legal representatives or vicarious agents in the case of intent or gross negligence.
9.2 Relaxound also has unlimited liability in cases of slight negligence in the event of injury to life, body or health.
9.3 Otherwise Relaxound is only liable for culpable violation of a so-called “cardinal obligation”. Cardinal obligations are those obligations which make the proper execution of the contract possible in the first place, whose violation endangers the achievement of the contractual purpose and on whose compliance the other party may regularly rely.
9.4 In case of liability according to clause 5.3, liability is limited to the foreseeable, typically occurring damage.
9.5 Liability under the provisions of the Product Liability Act shall remain unaffected.
10. Data protection
10.1 All of the user’s personal data will be used exclusively in accordance with the user’s consent and for the fulfilment of the contract and in accordance with the statutory retention periods.
11. Set-off, rights of retention and assignment
11.1 The user is only entitled to offset against legally established or undisputed claims against Relaxound. The same applies to the assertion of rights of retention.
11.2 The assignment of claims against Relaxound to third parties is only possible with textual consent from Relaxound.
12. Final provisions
12.1 German law applies. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state of the consumer’s habitual residence is not thereby withdrawn (principle of favourability).
12.2 The place of jurisdiction for all disputes arising from and in connection with this contract shall be Berlin, insofar as the user is a merchant, a legal entity of
12.3 This contract is subject to German law, excluding the provisions of international private law and the UN Convention on Contracts for the International Sale of Goods.
12.4 Amendments to the Contract must be made in text form to be effective.
12.5 Should any provision of this Agreement be or become void, invalid or unenforceable in whole or in part, the validity and enforceability of all remaining provisions shall not be affected.
II. Customer information
1. Identity of the provider
represented by the managing directors Philipp Störring and Dennis Clasen Phone: +49 30 74 68 44 50
2. Information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the possibilities of correction are carried out in accordance with Section 4 of the General Terms and Conditions (Part I).
3. Contract language, contract text storage
Contract language is German. The complete contract text is not saved by Relaxound. Before sending the respective offer, the offer data can be printed or electronically saved using the print function of the browser. Upon acceptance of the offer by Relaxound, the contractual data, the legally required information for distance contracts and the General Terms and Conditions of Business are again sent to the user by e-mail.
4. Essential characteristics of the goods and services
The main features of Relaxound’s services can be found in the service description and supplementary information on relaxound.com.
5. Prices and terms of payment
The prices and terms of payment are based on the price quotation specified in the respective offer. All prices are stated in Euro and include all taxes and duties (total prices).
6. Legal liability for defects
The statutory rights of liability for defects exist vis-à-vis consumers.
7. Term of contract, termination
It is a one-off purchase agreement without any commitment to a term.