Conditions

General Terms and Conditions

Scope

These General Terms and Conditions (GTC) apply to all business dealings between hey sleepy GmbH, represented by its managing director Theresa Schabert, Mühlenstraße 8A, 14167 Berlin (hereinafter “Lottili” or “we”) and you as our customer.
These GTC apply to all contracts concluded between the parties, even if these contracts do not expressly refer to the GTC. Deviating terms and conditions of the customer do not apply, even if Lottili does not expressly object to them. Individual special agreements take precedence over these GTC; this does not apply to pre-formulated contractual terms of the customer.
Individual arrangements as well as collateral agreements and supplements take precedence over the terms and conditions, provided they are recorded in writing.

Conclusion of Contract

The presentation and advertising of items in our online shop 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 email, or by any contract that may have been concluded.
By submitting an order via the online shop by clicking the “order with obligation to pay” button, you place a legally binding order. You are bound by the order; any right you may have to withdraw your order remains unaffected.
We will confirm receipt of your order placed via our online shop by email without undue delay. Such an email does not yet constitute binding acceptance of the order, unless it declares acceptance in addition to confirming receipt.
A contract is only concluded when we accept your order by a declaration of acceptance or by delivering the ordered items. With the order confirmation or in a separate email, but no later than upon delivery of the goods, we will send you the contract text, consisting of the order, the GTC and the order confirmation, on a durable medium.
We can only accept orders for deliveries abroad above a minimum order value. You can find the minimum order value in the price information provided in our online shop.
If delivery of the goods you ordered is not possible, for example because the goods in question are not in stock, we will refrain from declaring acceptance. In this case, no contract is concluded. We will inform you of this without undue delay and refund any consideration already received without undue delay.

Delivery Terms 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. Subject to the provision in para. 3, it begins upon conclusion of the contract.
For orders from customers whose place of residence or registered office is abroad, or where there are reasonable 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 advance payment).

Prices and Shipping Costs

All prices stated in our online shop are gross prices including statutory VAT and are exclusive of any applicable shipping costs.
The shipping costs are stated in our price information in our online shop. The price including VAT and any applicable shipping costs is also displayed in the order form before you submit the order.
If we fulfill your order by 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 withdraw your contractual declaration, you may, under the statutory conditions, request reimbursement of the costs already paid for shipping to you (outbound shipping costs).

Payment Terms, Set-Off and Right of Retention

The price and the 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 option, only using the payment methods offered by us.
You are not entitled to set off against our claims unless your counterclaims have been established by a final and binding court decision or are undisputed. You are also entitled to set off against our claims if you assert notices of defects or counterclaims arising from the same contract.
As a 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 in delivered items in accordance with the applicable statutory provisions, in particular §§ 434 et seq. BGB. The limitation period for statutory claims for defects is two years and begins upon delivery of the goods.
Any seller guarantees given by us for certain items or manufacturer guarantees granted by the manufacturers of certain items 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 guarantees are set out in the guarantee conditions that may be enclosed with the items.

Liability

In all cases of contractual and non-contractual liability, we are liable to you in the event of intent and gross negligence for damages or reimbursement of futile expenses in accordance with the statutory provisions.
In other cases, unless otherwise provided in para. 3, we are only liable for the breach of a contractual obligation whose fulfillment is essential for the proper performance of the contract in the first place and on whose compliance you as a customer may regularly rely (so-called cardinal obligation), and such liability is limited to compensation for the foreseeable and typical damage. In all other cases, our liability is excluded, subject to the provision in para. 3.
Our liability for damage resulting from injury to life, body or health and under the Produkthaftungsgesetz (German Product Liability Act) remains unaffected by the above limitations and exclusions of liability.
The limitations of paras. 1 and 2 also apply in favor of the legal representatives and our vicarious agents if claims are asserted directly against them.

Copyright

We hold the copyright to all images, films and texts published in our online shop. Use of the images, films and texts is not permitted without our express consent.

Additional Provisions for Rentals

If the subject of the contract concluded between you and us is the temporary provision of baby hammocks and/or accessories for use in return for rental payments, the following provisions apply in addition:

10.1 Conclusion and Content of the Contract

The contract specifies the specific rental period, the rental items and the monthly rent payable.
We undertake to provide you with the agreed item for the agreed rental period. We are not obliged to assemble or dismantle the rental item.
You undertake to pay us the agreed rent.

10.2 Delivery Terms

The delivery period is approximately 5 working days, unless otherwise agreed. It begins upon receipt of your first rental payment by us.

10.3 Rent, Deposit, Shipping Costs and Buy-Out Option

Unless otherwise agreed, the rental period begins upon delivery of the rental item to you or to a parcel shop or post office. The rental item is generally provided by shipment to the delivery address you specified. The rental period always consists of full months.
The minimum rental period is one month.
All rental prices stated in our online shop are gross prices including statutory VAT and are understood as monthly rent.
The rent is payable in advance, at the latest at the start of the rental period. You can pay the rent, at your option, only using the payment methods offered by us. The rent is automatically collected monthly from the payment method stored by the customer. In the case of a pre-order, for example because the rental item is currently not available for delivery, the rent for the first month becomes due immediately upon the order confirmation.
No security in the form of a sum of money (deposit) is payable.
If the transport company returns the shipped rental item to us because delivery to you was not possible, you bear the costs of the unsuccessful shipment. This does not apply in the event of an effective withdrawal on your part, if you are not responsible for the circumstance that made delivery impossible, or if you were temporarily prevented from accepting the offered service, unless we had notified you of the service a reasonable time in advance.
Regardless of the length of the rental period, the rental does not constitute a hire-purchase agreement. The customer may decide to purchase the rental item during the rental period. In this case, the rental payments made up to that point will be credited up to a maximum amount of 3 monthly rents.

10.4 Special Obligations of the Customer

Upon taking over the rental item and/or the accessories, you must satisfy yourself that they are in perfect condition, function properly and are complete.
You are obliged to treat the rental item with care and to protect it from damage. You must carefully take note of all maintenance, care and operating instructions issued by us together with the rental item and follow them to the extent that this can reasonably be expected of you. You are not entitled to make alterations to the rental item, to remove parts of the rental item or to use the rental item for purposes other than those intended. In addition, rental items connected to the power supply must not be left unattended for as long as they are connected to the power supply.
If a defect in the rental item occurs during the rental period, you are obliged to inform us of this without undue delay in accordance with § 536c BGB.
You may not let any third party use the rental item or grant any third party rights to the rental item. Subletting the rental item is not permitted.
In the event of attachment, seizure or other dispositions by third parties, you must notify us without undue delay and provide all information and documents required to safeguard our rights. Enforcement officers and/or third parties must be informed of our ownership.
You are obliged to take suitable security measures to protect the rental item against theft or damage to property.
You are obliged to notify us without undue delay of any change in your contact details (in particular your address).
Upon expiry of the rental period, the rental item must be returned in full.

10.5 Option to change the rental item

You may at any time notify us of a request for an adjustment or change with regard to the subject matter of the contract. This may concern an exchange of the rental item or the addition or cancellation of booked rental accessories.
Adjustments and/or changes to the rental item made at your request are subject to a separate charge (including the shipping costs incurred), unless they are necessary for the maintenance or repair of the rental item or to ensure its use in accordance with the contract.

10.6 Termination and return of the rental item

If the rental period is fixed by contract or a minimum rental period has been agreed, the rental relationship cannot be terminated by ordinary notice.
If a minimum rental period was agreed, the notice period is one day to the end of the month, starting from the end of the minimum rental period. For rental agreements of indefinite duration with monthly calculation of the rent, the notice period is one day to the end of the month. The end of the month refers to the expiry of the month calculated from the individual date on which the rental began.
Extraordinary termination is possible in accordance with the requirements of § 543 BGB. Furthermore, we may terminate the rental agreement without observing a notice period if you refuse payment without justified reason, if you use the rental item or parts thereof other than as intended without our consent, or if you seriously breach contractually specified obligations.
To be effective, notice of termination must be given in text form (email is sufficient) and must be declared to the other party.
The preceding termination conditions apply equally to both parties.
Upon termination of the rental relationship, the renter is obliged to return or send back the rental item to our registered office no later than 5 working days after the end of the contract term. The date of receipt by us is decisive for compliance with the return deadline. The rental item must be returned in its original packaging.
If the rental item is not returned when the rental relationship ends as a result of termination by us, you are obliged to pay compensation for use in the amount of the previous rent for each newly commenced month. If you continue to use the rental item after the end of the rental period following termination by us, the rental relationship shall not be deemed to have been tacitly extended. In all other respects, § 545 BGB applies. Furthermore, you must compensate us for any damage we incur as a result of the late return of the rental item.

Defects of the rental item

Defects that are apparent upon handover must be notified to us in text form (email is sufficient) within 24 hours of delivery. They cannot be raised at a later date. Other defects existing at the time of handover must be notified to us in text form (email is sufficient) within 24 hours of their discovery. You must notify us without undue delay of any defects, malfunctions or damage that occur later.
We are obliged to remedy, at our own expense, defects notified in good time, insofar as they impair the specified use of the rental item more than insignificantly. Instead of remedying the defect, we may provide you with a functionally equivalent item if this is reasonable for you. If the defect cannot be remedied immediately by a short-term repair and no replacement is available either, both contracting parties have the right to terminate the contract without notice. You remain obliged to pay the agreed rent until the defect occurred.
For the period during which the suitability of the rental item for your use is completely eliminated, you do not have to pay any remuneration. For the period during which the suitability of the rental item is reduced, you only have to pay an appropriately reduced remuneration. If the suitability of the rental item is only insignificantly reduced, there is no reduction of the remuneration.
If we are obliged to remedy defects and allow a reasonable grace period for remedying the defects to expire without success, you have a right to rescind the contract. This right of rescission also exists if, where there is an obligation to remedy, the remedy of the defect fails.

10.8 Liability and exclusion of liability

With regard to further claims and rights, we are liable only in cases of intent and gross negligence in accordance with the statutory provisions.
Our no-fault liability under § 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 cases of slight negligence, we are liable only for breach of a cardinal obligation within the meaning of § 8(2), or in the event of default or impossibility.
Liability for slight negligence, in tort and for reimbursement of futile expenditure exists only for damage that is foreseeable and typical.
Paragraphs 2 to 5 also apply to acts of our agents (Verrichtungsgehilfen) and vicarious agents (Erfüllungsgehilfen).
In cases of fraudulent intent, injury to life, body or health, for defects of title and in the case of liability under the Produkthaftungsgesetz (German Product Liability Act), the limitations of liability and the shortened warranty do not apply.

10.9 Liability of the customer

If you have not fulfilled your contractual obligations, you shall bear the costs incurred as a result as well as the costs of repairing the rental item. Furthermore, you must continue to pay the full amount of the rent until the repair work has been completed.
You are liable for all damage to the rental item that occurred during the rental period as a result of operating errors, overstressing or breach of other obligations under this contract. You are liable in the same way for damage culpably caused by your relatives or by third parties who came into contact with the rental item through you. You are also liable if the damage is discovered only after the rental item has been returned. In this case, we must prove that the rental item was not operated by us or by a third party in the meantime.
If return of the rental item is impossible through your fault or for technical reasons, you are obliged to pay us damages.
If damage is found upon return of the rental item that was not recorded at the beginning of the rental agreement, it is presumed that you are responsible for the damage, unless you prove that the damage already existed when you took over the rental item.

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 data collection and data processing are necessary for the performance of the contract and are based on Art. 6(1)(b) GDPR. As a matter of principle, the data is not passed on to third parties unless there is a statutory time limit or this is necessary for the performance of the contract. The data is deleted as soon as it is no longer required for the purpose of its processing and insofar as no statutory retention obligation precludes this. You can obtain information about all of your personal data free of charge. In addition, you have the right to data portability, erasure, rectification, restriction or blocking of the personal data. You can address any related 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 consider that the data processing operations infringe data protection regulations.

Final provisions

Should individual provisions of this contract be or become wholly or partially invalid or void, this shall not affect the validity of the remainder of the contract, insofar as a contracting party is not unreasonably disadvantaged as a result.
The language of the contract is German. The contract text is stored by us after conclusion of the contract. You will receive the contract details by means of the order confirmation or the written rental agreement.
We do not participate in dispute resolution proceedings before a consumer arbitration board within the meaning of the Verbraucherstreitbeilegungsgesetz (German Consumer Dispute Resolution Act).
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). If you placed the order as a consumer and, at the time of your order, have your habitual residence in another country, the application of mandatory legal provisions of that country remains 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. Otherwise, the applicable statutory provisions apply to local and international jurisdiction.

Last updated: August 2023