GENERAL TERMS AND CONDITIONS

1. scope

The following terms and conditions apply to all orders placed via our online store.

2. contracting party, conclusion of contract

The purchase contract is concluded with MKS TRADE GmbH.

By placing the products in the online store, we make a binding offer to conclude a contract for these items. You can initially place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction tools provided and explained for this purpose in the order process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking on the order button. Immediately after sending the order, you will receive another confirmation by e-mail.

3. contract language, contract text storage
The language available for the conclusion of the contract is German. 

We save the text of the contract and send you the order data and our GTC by e-mail. The contract text is no longer accessible via the Internet for security reasons.

4. delivery conditions

Shipping costs will be added to the indicated product prices. You can find out more about the amount of the shipping costs at the offers.

We deliver only by mail order. Unfortunately, self-collection of the goods is not possible. 

5. payment

In our store you can basically use the following payment methods:

Credit card
When placing the order, you simultaneously transmit your credit card data to us.
After your legitimation as a legitimate cardholder, we request your credit card company to initiate the payment transaction immediately after the order. The payment transaction will be carried out automatically by the credit card company and your card will be charged.

PayPal
In the ordering process you will be redirected to the website of the online provider PayPal. In order to pay the invoice amount via PayPal, you must be registered there or register first, legitimize with your access data and confirm the payment instruction to us. After submitting the order in the store, we request PayPal to initiate the payment transaction.
The payment transaction is automatically carried out by PayPal immediately thereafter. You will receive further instructions during the order process.

Sofort
After placing the order, you will be redirected to the website of the online provider Sofort GmbH. In order to pay the invoice amount via Sofort, you must have an online banking account with PIN/TAN procedure activated for participation in Sofort, identify yourself accordingly and confirm the payment instruction to us. You will receive further instructions during the order process. The payment transaction will be carried out immediately afterwards by Sofort and your account will be debited.

Amazon Pay
In the ordering process you will be redirected to the website of the online provider Amazon before completing the ordering process in our online store. In order to complete the order process and pay the invoice amount via Amazon, you must be registered there or register first and legitimize yourself with your access data. There you can select the delivery address and payment method stored at Amazon, confirm the use of your data by Amazon and the payment instruction to us. You will then be redirected back to our online store where you can complete the ordering process.
Immediately after placing the order, we will request Amazon to initiate the payment transaction. The payment transaction is carried out automatically by Amazon. You will receive further instructions during the ordering process.

Purchase on account and financing via Klarna
In cooperation with Klarna AB(www.klarna.de), Sveavägen 46, Stockholm, Sweden, we offer invoice purchase and installment purchase as a payment option.
Please note that Klarna Invoice and Klarna Installment Purchase are only available to consumers and that payment must be made to Klarna in each case.

Klarna Installment Purchase
With Klarna's financing service, you can pay for your purchase flexibly in monthly installments of at least 1/24 of the total amount (but at least €6.95). More information about Klarna installment purchase including the terms and conditions and the European standard information for consumer credit can be found here: https://cdn.klarna.com/1.0/shared/content/legal/terms/EID/de_de/account

Klarna invoice
When buying on account with Klarna you always get the goods first and you always have a payment period of 14 days. The complete terms and conditions for purchase on account can be found here: https://cdn.klarna.com/1.0/shared/content/legal/terms/EID/de_de/invoice?fee=0 .

6. retention of title

The goods remain our property until full payment.

7. transport damage

If goods are delivered with obvious transport damage, please complain about such defects to the deliverer as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.

8. warranty and guarantees

Unless otherwise expressly agreed below, the statutory liability for defects shall apply.
The limitation period for claims for defects in used goods shall be one year from delivery of the goods.
The above restrictions and reductions in the period shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents.

• in case of injury to life, body or health,
• in case of intentional or grossly negligent breach of duty as well as fraudulent intent,
• in the event of a breach of essential contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
• within the scope of a guarantee promise, if agreed or
• insofar as the scope of application of the Product Liability Act is opened.

Information on any additional warranties that may apply and their exact terms can be found with the product and on special information pages in the online store.

Customer service: You can reach our customer service for questions, complaints and objections by e-mail at kundenservice@komfortkissen.de.

9. liability

For claims based on damages caused by us, our legal representatives or vicarious agents, we shall always be liable without limitation

• in case of injury to life, body or health,
• in the event of intentional or grossly negligent breach of duty,
• in the case of warranty promises, if agreed, or
• insofar as the scope of application of the Product Liability Act is opened.

In the event of a breach of material contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and compliance with which the contractual partner may regularly rely on (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, the amount of liability shall be limited to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded.

10. code of conduct

We have submitted to the following codes of conduct:
Trusted Shops Quality Criteria
http://www.trustedshops.com/tsdocument/ TS_QUALITY_CRITERIA_en.pdf

11. dispute resolution
The European Commission provides a platform for online dispute resolution (OS), which you can find here https://ec.europa.eu/consumers/odr/.
We are not obliged or willing to participate in dispute resolution proceedings before a consumer arbitration board.

CANCELLATION POLICY

Consumers have a 14-day right of withdrawal.

Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period is 14 days from the day on which you or a third party named by you, who is not the carrier, took possession of the last goods.

To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter, fax or e-mail sent by post). You can use the attached sample withdrawal form for this purpose, which is, however, not mandatory.

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

Consequences of the revocation

If you revoke this contract, we shall reimburse you all payments we have received from you, including the outward delivery costs (with the exception of the return shipping costs and additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and at the latest within 14 days from the day on which we received the goods. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. We can refuse the repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return the goods to us immediately and in any case within 14 days at the latest from the day on which you inform us of the revocation of this contract.
KomfortKissen from UAB MKS Trade, Dariaus ir Gireno g. 121-3, Vilnius 02189, Lithuania, customer service@komfortkissen.de
to return the goods. The deadline is met if you send the goods before the 14-day period has expired. The costs of returning the goods shall be borne by the customer. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.

The right of withdrawal does not apply to the following contracts:
• Contracts for the supply of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.

Special notes

If you finance this contract by means of a loan and later revoke it, you are also no longer bound by the loan agreement, provided that both contracts form an economic unit. This is to be assumed in particular if we are your lender at the same time or if your lender makes use of our cooperation with regard to the financing. If the loan has already accrued to us when the revocation takes effect, your lender shall be subrogated to our rights and obligations under the financed contract in relation to you with regard to the legal consequences of the revocation or return. The latter shall not apply if the subject matter of the present contract is the acquisition of financial instruments (e.g. securities, foreign exchange or derivatives). If you wish to avoid a contractual obligation as far as possible, exercise your right of revocation and also revoke the loan agreement if you are also entitled to a right of revocation for this.