Terms of service

GENERAL 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 by accepting 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, self-collection of the goods is not possible.
5. Payment

The following payment methods are generally available in our shop:

Credit Card
By submitting the order, you also transmit your credit card details 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 automatically carried out 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 be able to pay the invoice amount via PayPal, you must be registered there or first register, authenticate with your login 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 automatically carried out by PayPal immediately thereafter. You will receive further information during the order process.

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

Amazon Pay
During the order 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 first register and authenticate with your login data. There you can choose the delivery address and payment method stored with 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 invoice purchase 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 credits, 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 period of 14 days. The complete terms and conditions for invoice purchase 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 damages, please report such errors 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, particularly your warranty rights. However, you help us to assert our own claims against the carrier or transport insurance.
8. Warranty and Guarantees

Unless expressly agreed otherwise below, the statutory liability for defects applies.
The limitation period for claims for defects is one year from delivery of the goods for used items.
The above restrictions and shortened periods do not apply to claims arising from 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 and 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 the compliance with which the contractual partner regularly relies (cardinal obligations)
within the scope of a guarantee promise, if agreed, or
as far as the scope of the Product Liability Act is opened.

Information on any additional guarantees that may apply 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 by email at kundenservice@komfortkissen.de.
9. Liability

We are always fully liable 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
as far as the scope 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 the compliance with which the contractual partner regularly relies, (cardinal obligations) due to slight negligence by us, our legal representatives, or vicarious agents, liability is limited to the foreseeable damage at the time of conclusion of the contract, the occurrence of which typically must be calculated. Furthermore, 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 (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.
RIGHT OF WITHDRAWAL

Consumers have a 28-day right of withdrawal.
Right of Withdrawal

You have the right to withdraw from this contract within 28 days without giving any reason.

The withdrawal period is 28 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 (KomfortKissen by UAB MKS Trade, Dariaus ir Gireno g. 121-3, Vilnius 02189, Lithuania, kundenservice@komfortkissen.de) of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post, fax, or email). You can use the attached model withdrawal form, but it is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of Withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the delivery costs (except for the return shipping costs and additional costs resulting from your choice of a type of delivery other than the least expensive standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which the goods arrive with us. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods without undue delay and in any event not later than 28 days from the day on which you communicate your withdrawal from this contract to us

KomfortKissen by UAB MKS Trade, Dariaus ir Gireno g. 121-3, Vilnius 02189, Lithuania, kundenservice@komfortkissen.de

to return. The deadline is met if you send back the goods before the period of 28 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.

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 a individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.

Sample Cancellation Form

(If you want to cancel the contract, please fill out this form and send it back.)

– ComfortPillow from UAB MKS Trade, Dariaus ir Gireno g. 121-3, Vilnius 02189, Lithuania, kundenservice@komfortkissen.de

– I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

– Ordered on (*)/received on (*)

– Name of consumer(s)

– Address of consumer(s)

– Signature of consumer(s) (only if notified on paper)

– Date

(*) Delete as applicable.

Special Notes

 

If you finance this contract with a loan and later cancel it, you are no longer bound by the loan agreement, provided both contracts form an economic unit. This is particularly the case if we are your lender at the same time or if your lender uses our cooperation for financing. If the loan has already been received by us at the time of the cancellation, your lender will enter into our rights and obligations from the financed contract with regard to the legal consequences of the cancellation or return. The latter does not apply if the present contract involves the acquisition of financial instruments (e.g., securities, currencies, or derivatives). If you want to avoid contractual obligations as much as possible, make use of your right of cancellation and also cancel the loan agreement if you have the right to cancel it.