Conditions

General Terms and Conditions

Scope of application

These General Terms and Conditions (GTC) apply to all business transactions between hey sleepy GmbH, represented by the Managing Director Theresa Schabert, Mühlenstraße 8A, 14167 Berlin (hereinafter referred to as "Lottili" or "we") and you as our customer.
These GTC shall apply to all contracts concluded between the parties, even if these do not expressly refer to the GTC. Deviating GTC of the customer shall not apply, even if Lottili they are not expressly contradicted. Individual special agreements shall take precedence over these GTC; this shall not apply to pre-formulated contractual conditions of the customer.
Individual agreements as well as collateral agreements and supplements shall take precedence over the General Terms and Conditions, provided that they are recorded in writing.

Conclusion of contract

The presentation and advertising of articles in our onlineShop do not constitute a binding offer to conclude a contract.
The scope of services is determined by our offer and your written or electronic order confirmation, e.g. by e-mail or any contract concluded.
By submitting an order via the onlineShop by clicking on the button "order with obligation to pay" you place a legally binding order. You are bound by the order; your right to cancel your order remains unaffected by this.
We will confirm receipt of your order via our onlineShop order immediately by e-mail. Such an e-mail does not constitute a binding acceptance of the order unless, in addition to the confirmation of receipt, acceptance is also declared.
A contract is only concluded when we accept your order by means of a declaration of acceptance or by delivering the ordered items. With the order confirmation or in a separate e-mail, but at the latest upon delivery of the goods, we will send you the contract text consisting of the order, GTC and order confirmation on a permanent data carrier.
We can only accept orders for deliveries abroad with a minimum order value. You can find the minimum order value in our online shop.Shop price information provided online.
If it is not possible to deliver the goods you have ordered, for example because the goods in question are not in stock, we will not issue a declaration of acceptance. In this case, a contract is not concluded. We will inform you immediately and refund any payments already received without delay.

Terms of delivery and reservation of advance payment

We are entitled to make partial deliveries insofar as this is reasonable for you.
The delivery period is approximately 5 working days, unless otherwise agreed. It begins - subject to the provision in paragraph 3 - with the conclusion of the contract.
In the case of orders from customers whose place of residence or business is abroad or where there are justified indications of a risk of non-payment, we reserve the right to deliver only after receipt of the purchase price plus shipping costs (reservation of prepayment).

Prices and shipping costs

All prices quoted in our online shopShop are gross prices including the statutory value added tax and do not include shipping costs.
The shipping costs are included in our prices in our online shop.Shop indicated. The price including VAT and shipping costs will also be displayed in the order form before you send the order.
If we fulfill your order by making partial deliveries, you will only incur shipping costs for the first partial delivery. If the partial deliveries are made at your request, we will charge shipping costs for each partial delivery.
If you effectively revoke your contractual declaration, you can demand reimbursement of costs already paid for shipping to you (shipping costs) subject to the statutory requirements.

Terms of payment, offsetting and right of retention

The price and shipping costs must be paid within two (2) weeks of receipt of our invoice at the latest.
You can pay the price and the shipping costs at your discretion only with the payment methods offered by us.
You are not entitled to offset against our claims unless your counterclaims have been legally established or are undisputed. You are also entitled to offset against our claims if you assert complaints or counterclaims arising from the same contract.
As the buyer, you may only exercise a right of retention if your counterclaim arises from the same contract.

Retention of title

The delivered goods remain our property until the purchase price has been paid in full.

Warranty

We are liable for material defects or defects of title of delivered items in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. The limitation period for statutory claims for defects is two years and begins with the delivery of the goods.
Any seller's warranties given by us for certain articles or manufacturer's warranties granted by the manufacturers of certain articles shall apply in addition to the claims for material defects or defects of title within the meaning of para. 1. Details of the scope of such warranties are set out in the warranty conditions which may be enclosed with the articles.

Liability

We shall be liable to you in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or compensation for futile expenses.
In other cases, we shall only be liable - insofar as not otherwise regulated in paragraph 3 - in the event of a breach of a contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which you as a customer may regularly rely (so-called cardinal obligation), limited to compensation for foreseeable and typical damage. In all other cases, our liability is excluded, subject to the provision in paragraph 3.
Our liability for damages resulting from injury to life, limb or health and under the Product Liability Act remains unaffected by the above limitations and exclusions of liability.
The limitations of paragraphs 1 and 2 shall also apply in favor of the legal representatives and our vicarious agents if claims are asserted directly against them.

Copyrights

We have copyrights to all images, films and texts that appear in our onlineShop are published online. Use of the images, films and texts is not permitted without our express consent.

Additional provisions for rentals

If the temporary transfer of use of Baby Hammock and/or accessories in return for rental payment is the subject of the contract concluded between you and us, the following provisions shall apply in addition:

10.1 Conclusion and content of the contract

The contract contains the specific rental period, the rental items and the monthly rent to be paid.
We undertake to provide you with the agreed item for the agreed rental period. We are not obliged to set up or dismantle the rental object.
You undertake to pay us the agreed rent.

10.2 Terms of delivery

The delivery period is approximately 5 working days, unless otherwise agreed. It begins when we receive your first rental payment.

10.3 Rent, deposit, shipping costs and purchase option

Unless otherwise agreed, the rental period begins with the delivery of the rental item to you or to a parcel store or post office. The rental item is always delivered to the delivery address specified by you. The rental period is always a full month.
The minimum rental period is one month.
All information on rental prices in our onlineShop are gross prices including statutory VAT and are to be understood as a monthly rent.
The rent is due in advance, at the latest at the start of the rental period. You can pay the rent at your discretion using only the payment methods we offer. The rent is automatically collected monthly from the customer's payment method on file. In the case of a pre-order, for example because the rental item is currently not available, the rent for the first month is due immediately with the order confirmation.
No security in the form of a sum of money (deposit) is payable.
If the transport company returns the rental item to us because delivery to you was not possible, you shall bear the costs for the unsuccessful shipment. This does not apply in the event of an effective revocation on your part if you are not responsible for the circumstance that led to the impossibility of delivery or if you were temporarily prevented from accepting the service offered, unless we have given you reasonable advance notice of the service.
Irrespective of the duration of the rental period, there is no Rent-to-Own. The customer may decide to purchase the rental item during the rental period. In this case, the rental payments made to date will be credited up to a maximum amount of 3 months' rent.

10.4 Special obligations of the customer

You must ensure that the rented item and/or accessories are in perfect condition, function correctly and are complete when you take them over.
You are obliged to treat the rental item with care and to protect it from damage. You must take careful note of all maintenance, care and operating instructions issued by us with the rental item and follow them as far as reasonably possible. You are not authorized to make changes to the rental object, to remove parts of the rental object or to use the rental object for purposes other than those for which it was intended. In addition, rented items connected to the power supply may not be left unattended as long as they are connected to the power supply.
If a defect occurs in the rented property during the rental period, you are obliged to inform us of this immediately in accordance with § 536c BGB.
You may not transfer the rental object to a third party or grant a third party rights to the rental object. Subletting the rented property is not permitted.
In the event of seizure, confiscation or other dispositions by third parties, you must notify us immediately and provide us with all information and documents necessary to protect our rights. Enforcement officers or third parties must be informed of our ownership.
You are obliged to take suitable security measures against theft or damage to the rented property.
You are obliged to inform us immediately in the event of a change in your contact details (in particular your address).
At the end of the rental period, the rental object must be returned in full.

10.5 Possibility of making changes to the rental object

You have the option of informing us at any time of any changes or modifications you wish to make to the subject of the contract. This may involve changing the rental item or adding or canceling booked rental accessories.
Adjustments and/or modifications made to the rental object at your request shall be remunerated separately (including the shipping costs incurred), unless they are necessary for the maintenance or repair of the rental object or to ensure its use in accordance with the contract.

10.6 Termination and return of the rental object

If the rental period is specified in the contract or a minimum rental period has been agreed, the rental agreement cannot be terminated by ordinary means.
If a minimum rental period has been agreed, the notice period is one day to the end of the month from the end of the minimum rental period. In the case of tenancy agreements for an indefinite period with a monthly rent calculation, the notice period is one day to the end of the month. The end of the month refers to the end of the month based on the individual start date of the tenancy.
Extraordinary termination is possible in accordance with the requirements of § 543 BGB. Furthermore, we may terminate the rental agreement without notice if you refuse payment without a justified reason, if you do not use the rented property or parts thereof as intended without our consent or if you seriously breach contractually agreed obligations.
To be effective, the notice of termination must be in text form (e-mail is sufficient) and must be given to the other party.
The above termination conditions apply equally to both parties.
Upon termination of the rental relationship, the lessee is obliged to return the rental object to our registered office or send it back at our expense no later than 5 working days after the end of the contract term. The date of receipt by us shall be decisive for compliance with the return deadline. The rental item must be returned in its original packaging.
If the rental object is not returned at the end of the rental relationship due to termination on our part, you are obliged to pay compensation for use in the amount of the previous rent for each new month started. If you continue to use the rented property after the end of the rental period by giving notice of termination on our part, the tenancy shall not be deemed to have been tacitly extended. Otherwise, § 545 BGB applies. Furthermore, you must compensate us for any damage caused by your failure to return the rented property on time.

Defects in the rented property

We must be notified in text form (e-mail is sufficient) of any defects recognizable upon handover within 24 hours of delivery. They cannot be notified subsequently. Other defects present at the time of delivery must be reported to us in text form (e-mail is sufficient) within 24 hours of their discovery. You must notify us immediately of any defects, faults or damage that occur later.
We are obliged to rectify defects reported in good time at our own expense, provided that they do not only insignificantly impair the intended use of the rental object. Instead of remedying the defect, we can provide you with a functionally equivalent item if this is reasonable for you. If the defect cannot be rectified immediately by a short-term repair and no replacement is available, both parties to the contract have the right to terminate the contract without notice. You remain obliged to pay the agreed rent until the defect occurs.
During the period in which the rented property is completely unsuitable for you, you do not have to pay any compensation. For the period in which the suitability of the rented property is reduced, you only have to pay an appropriate reduced remuneration. If the suitability of the rented property is only insignificantly impaired, a reduction in compensation is not possible.
If we are obliged to remedy the defect and if we allow a reasonable grace period to remedy the defect to expire without success, you reserve the right to withdraw from the contract. This right of withdrawal shall also apply if the rectification of defects fails in the case of an obligation to rectify defects.

10.8 Liability and exclusion of liability

We shall only be liable for further claims and rights in the event of intent and gross negligence in accordance with the statutory provisions.
Our strict liability pursuant to Section 536a (1) BGB for defects that already existed at the time the contract was concluded is excluded.
Claims for damages in tort are excluded unless the damage was caused intentionally or by gross negligence.
In the event of slight negligence, we shall only be liable for breach of a cardinal obligation within the meaning of Section 8 (2) or in the event of default or impossibility.
Liability for slight negligence, tort and compensation for futile expenses shall only apply to damages that are foreseeable and typical.
Paragraphs 2-5 shall also apply to actions of our vicarious agents and assistants.
In cases of fraudulent intent, injury to life, limb or health, for defects of title and in the case of liability under the Product Liability Act, the limitations of liability and the shortened warranty shall not apply.

10.9 Liability of the customer

If you have not fulfilled your contractual obligations, you shall be liable for the costs incurred as a result and for the costs of repairing the rented property. Furthermore, you must continue to pay the full amount of the rental price until the repair work has been completed.
You are liable for all damage to the rented item caused by operating errors, overuse or breach of other obligations under this contract during the rental period. In the same way, you are liable for damage culpably caused by your relatives or third parties who have come into contact with the rental object through you. You are also liable if the damage is only discovered after the rental property has been returned. In this case, we must prove that the rented property has not been used by us or a third party in the meantime.
In the event of culpable or technical impossibility of returning the rental object, you shall be liable to us for damages.
If damage that was not listed at the beginning of the rental agreement is discovered when the rental object is returned, it is assumed that you are responsible for the damage, unless you can prove that the damage already existed when you took over the rental object.

Data protection

We undertake to comply with all data protection regulations applicable in the Federal Republic of Germany, in particular the GDPR and the BDSG.
We collect personal data from you for the purpose of performing the contract and fulfilling our contractual and pre-contractual obligations. The collection and processing of data is necessary for the performance of the contract and is based on Article 6(1)(b) GDPR. The data will not be passed on to third parties unless there is a legal obligation to do so or it is necessary for the performance of the contract. The data will be deleted as soon as it is no longer required for the purpose of its processing and insofar as there is no legal obligation to retain it. You can request information about all your personal data free of charge. You also have the right to data portability, erasure, rectification, restriction or blocking of personal data. You can address corresponding questions and requests directly to us. You also have the right, without prejudice to any other administrative or judicial remedy, to lodge a complaint with a supervisory authority if you believe that the data processing processes violate data protection regulations.

Final provisions

Should individual provisions of this contract be or become invalid or void in whole or in part, this shall not affect the validity of the remainder of the contract, insofar as a contractual partner is not unreasonably disadvantaged by this.
The contract language is German. The text of the contract will be stored by us after conclusion of the contract. You will receive the contract details by means of the order confirmation or by means of the written rental contract.
We do not participate in any dispute resolution proceedings before a consumer arbitration board within the meaning of the Consumer Dispute Resolution Act.
The law of the Federal Republic of Germany applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If you have placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of this country shall remain unaffected by the choice of law made in sentence 1.
If you are a merchant and have your registered office in Germany at the time of the order, the exclusive place of jurisdiction is the registered office of Lottili. In all other respects, the applicable statutory provisions shall apply to local and international jurisdiction.

Status: August 2023