TERMS AND CONDITIONS

1. Scope

The following terms and conditions apply to all orders placed through our online shop.

2. Contractual Partner, Conclusion of Contract

The purchase contract is concluded with MKS TRADE GmbH.

By placing the products in the online shop, 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 submitting your binding order by using the correction aids 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 the order button. Immediately after sending the order, you will receive another confirmation by email.

3. Contract Language, Storage of Contract Text
The language available for the conclusion of the contract is German. 

We store the contract text and send you the order data and our terms and conditions by email. For security reasons, the contract text is no longer accessible via the Internet.

4. Delivery Conditions

In addition to the stated product prices, shipping costs are added. You can find more details about the shipping costs in the offers.

We only deliver by shipping. Unfortunately, it is not possible to pick up the goods yourself. 

5. Payment

The following payment methods are generally available in our shop:

Credit Card
By placing the order, you simultaneously transmit your credit card data to us.
After your legitimation as the rightful cardholder, we request your credit card company to initiate the payment transaction immediately after the order. The payment transaction is carried out automatically by the credit card company and your card is charged.

PayPal 
During the order process, you will be redirected to the website of the online provider PayPal. To pay the invoice amount via PayPal, you must be registered there or first register, authenticate with your access data, and confirm the payment instruction to us. After placing the order in the shop, we request PayPal to initiate the payment transaction. 
The payment transaction is carried out automatically by PayPal immediately thereafter. Further information is available during the order process.

Instant
After placing the order, you will be redirected to the website of the online provider Sofort GmbH. To pay the invoice amount via Sofort, you must have an online banking account with PIN/TAN procedure enabled for participation in Sofort, authenticate accordingly, and confirm the payment instruction to us. Further information is available during the order process. The payment transaction is carried out immediately thereafter by Sofort and your account is charged.

Amazon Pay
During the ordering process, you will be redirected to the website of the online provider Amazon before completing the order process in our online shop. To process the order and pay the invoice amount via Amazon, you must be registered there or register first and authenticate yourself with your login details. There you can choose the delivery address and payment method stored on Amazon, confirm the use of your data by Amazon, and the payment instruction to us. You will then be redirected back to our online shop where you can complete the order process. 
Immediately after the order, we request Amazon to initiate the payment transaction. The payment transaction is automatically carried out by Amazon. You will receive further information during the order process.

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

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 (at least 6.95 €). Further information on Klarna installment purchase, including the General 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 purchasing on account with Klarna, you always receive the goods first and you always have a payment term 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 is made.

7. Transport damage

If goods are delivered with obvious transport damage, please report such defects to the delivery agent 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, especially your warranty rights. However, you help us to assert our own claims against the carrier or the transport insurance.

8. Warranty and guarantees

Unless expressly agreed otherwise below, the statutory liability for defects applies.
The limitation period for defect claims for used items is one year from delivery of the goods.
The above limitations and shortening of time limits do 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 fraud,
• in case of breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the contractual partner may regularly rely (cardinal obligations)
• within the scope of a guarantee promise, if agreed, or
• if the scope of application of the Product Liability Act is opened.

Information on any applicable additional guarantees and their exact conditions can be found with the product and on special information pages in the online shop.

Customer service: You can reach our customer service for questions, complaints, and objections via email at kundenservice@komfortkissen.de.

9. Liability

We are always liable without limitation for claims due to damages 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,
• in case of guarantee promises, if agreed, or
• if the scope of application of the Product Liability Act is opened.

In case of breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the contractual partner may regularly rely, (cardinal obligations) through slight negligence by us, our legal representatives, or vicarious agents, the liability is limited to the foreseeable damage at the time of the conclusion of the contract, which must typically be expected to occur. 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_de.pdf

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

REVOCATION INSTRUCTION

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, have taken possession of the last goods.

To exercise your right of withdrawal, you must inform us by means of a clear statement (e.g., a letter sent by post, fax, or email) about your decision to withdraw from this contract. You can use the attached model withdrawal form, which is not mandatory.

To meet the cancellation deadline, it is sufficient for you to send the notification of exercising the right of withdrawal before the withdrawal period has expired.

Consequences of Withdrawal

If you cancel your contract, we ask you to register in our returns center: https://komfortkissen.returnscenter.com/. We will refund all payments we have received from you, including the delivery costs (except for the return shipping costs and additional costs that arise because you chose a different type of delivery than the cheapest standard delivery offered by us), without delay and at the latest within 14 days from the day the goods have been received by us. For this repayment, we use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; in no case will you be charged fees for 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 without delay and in any event no later than 14 days from the day on which you notify us of the cancellation of this contract
KomfortKissen by UAB MKS Trade, Kareivinių str. 51b Ukmergė, 20184 Lithuania, kundenservice@komfortkissen.de The deadline is met if you send the goods before the period of 14 days has expired. The costs of returning the goods are to 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 them in a way that is not necessary to check their nature, properties, and functioning.

• The right of withdrawal does not exist for the following contracts:
• Contracts for the supply of goods that are not prefabricated and for the production of which an individual choice or decision by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.

Special Notes

If you finance this contract through a loan and later revoke it, you are no longer bound by the loan contract either, provided both contracts form an economic unit. This is particularly assumed if we are simultaneously your lender or if your lender uses our involvement for the financing. If the loan has already been received by us at the time the revocation becomes effective, your lender enters into our rights and obligations from the financed contract in relation to you regarding the legal consequences of the revocation or return. The latter does not apply if the present contract concerns the acquisition of financial instruments (e.g., securities, currencies, or derivatives). If you want to avoid a contractual obligation as much as possible, exercise your right of revocation and also revoke the loan contract if you also have a right of revocation for it.