1. Scope of Validity

1.1 These General Terms and Conditions shall apply to all contracts between the customer and Relaxound GmbH, Wilhelm-von-Siemens- Str. 12-14, 12277 Berlin, represented by the managing directors, Philipp Störring and Dennis Clasen (hereinafter referred to as „Relaxound“) concerning the products offered by Relaxound via the web domain relaxound.com and sales catalogues or other advertising materials (hereinafter referred to as „Products“).

1.2 Deviating terms and conditions of the customer shall not apply. This shall not apply if Relaxound has expressly agreed to include them in text form.

2. The entrepreneurial character of the customer

2.1 The offer subject to the contract is directed exclusively at entrepreneurs within the meaning of § 14 BGB (German Civil Code).

2.2 According to this, an entrepreneur is any natural or legal person or a legally capable partnership which, upon the conclusion of the contract with Relaxound, is acting in the exercise of its commercial or independent professional activity.

3. Minimum order quantity

3.1 The minimum order quantity for products is 20 units for initial orders. A minimum order value of €300 also applies.

 3.2 Should the minimum order quantity not be met, Relaxound shall be entitled, but not obliged, to reject acceptance of the customer‘s order.

4. Delivery and partial delivery

4.1 Relaxound shall ship ordered Products within a period of seven working days after confirmation of the order by Relaxound. The sending of the order confirmation by Relaxound shall be decisive in this regard.

4.2 Relaxound shall inform the customer in the order confirmation (acceptance of the offer of the customer) with regard to the availability of the ordered Products.

4.3 Delivery is free ex works.

4.4 Relaxound ships its products via DHL and, for overseas deliveries, via FedEx. Relaxound reserves the right to use another delivery service where justified reasons exist, in particular in the event of delivery difficulties on the part of the aforementioned delivery services.

5. Partial deliveries

Relaxound shall be obliged to provide delivery as soon as the entire order is in stock. At the customer‘s request and expense, Relaxound may make partial deliveries.

6. Postage and other shipping costs

6.1 The postage costs shall be borne by the recipient in the case of an order value of less than 500 Euro and shall be expressly stated in the Relaxound order confirmation.

6.2 From an order value of 500 Euro and for orders within the European Union, the postage costs shall be borne by Relaxound. 6.3 For each additional delivery address, Relaxound shall charge the shipping costs stated in the order confirmation.

7. Payment terms

7.1 The Products shall be provided on account. This shall not apply to initial orders to a country outside of the Federal Republic of Germany. In this case, the order shall only become due for delivery once the customer has tendered advance payment.

7.2 The invoice or advance payment shall be paid within 14 days of receipt of the invoice by the customer, stating the invoice number, to the following account: Account holder: Relaxound GmbH Bank: Hypo Vereinsbank IBAN: DE37 1002 0890 0026 6861 30 BIC HYVEDEMM488

7.3 The delivered goods shall remain the property of Relaxound pending full payment of the invoice amount and any reminder fees incurred.

8. Resale of Relaxound Products

8.1 Relaxound permits the reselling of the Products to authorised dealers. An authorised dealer is each of the customer‘s own shops and any reseller that Relaxound has agreed to in text form.

8.2 Relaxound does not consent to the sale of the Products via the so-called platforms of „Amazon“, „eBay“, „Google Shopping“ and similar, unless otherwise agreed in text form.

8.3 The selling price shall at least include the recommended retail price. This shall be indicated in the Relaxound order confirmation.

9. Merchandising products and right of use

9.1 Upon request, Relaxound shall provide the customer with the currently available merchandising items, up to a quantity of 100 items free of charge. These involve stickers, postcards and flyers.

9.2 The customer shall receive a simple, non-exclusive right of use limited to the contractual territory for these merchandising products. A processing right shall not be granted. This shall not apply to the addition of the business’ own stamp.

10. Indemnifification obligation

10.1 The customer shall exempt Relaxound from any third-party claims, which such might assert against Relaxound on the basis of the customer‘s own business documents. This shall not apply if the business documents were published at the request of Relaxound.

10.2 Relaxound undertakes not to make any acknowledgements or other declarations substantiating claims vis-a-vis third parties. This shall not apply if the customer is insolvent.

11. Extended Producer Responsibility (EPR)

• Foundation Elektro-Altgeräte Register EAR
  WEEE-Reg.-Nr. DE 2024660
• Packaging Register LUCID 
  Registration number: DE1078525566716
• IDU (French identification numbers):
  Packaging: FR327689_01PLKL
  Batteries: FR350695_06KGKE
• Electrical and electronic equipment (EEE):
  FR349147_05OQUU
  

13. Liability

13.1 Relaxound shall be liable vis-a-vis the customer for all damages caused by it and its legal representatives or vicarious agents in the event of intent or gross negligence.

13.2 Relaxound shall also be liable in the event of slight negligence in the event of injury to life, body or health.

13.3 Relaxound shall otherwise only be liable in the event of a culpable violation of a so-called „cardinal obligation“. Cardinal obligations are such obligations which make the proper performance of the contract possible in the first place; whereby a breach of the same would jeopardise the achievement of the purpose of the contract, and compliance with which the other party may regularly rely upon.

13.4 In the case of liability in accordance with Section 13.2, liability shall be limited to the foreseeable, typically occurring damage.

13.5, the liability shall be limited to foreseeable, typically occurring damage.

13.6 Liability in accordance with the regulations of the Product Liability Act remains unaffected.

14. Warranty

14.1 The warranty rights of the customer shall expire within one year, commencing with the awareness of the circumstances underlying the warranty right. This shall not apply to damages culpably caused by Relaxound resulting from injury to life, body or health and damages caused by gross negligence or intent or in the case of fraudulent intent or in the case of claims under a right of recourse pursuant to §§ 478, 479 BGB.

14.2 Provision of a warranty on the part of Relaxound shall be excluded if the defect arose due to circumstances that Relaxound had caused at the express request of the customer.

15. Prohibition of assignment and rights of retention

15.1 The customer shall only be entitled to offset against legally established or undisputed claims vis-a-vis Relaxound. The same shall apply to the assertion of rights of retention.

15.2 The assignment of claims vis-a-vis Relaxound to third parties shall only be possible with the written consent of Relaxound.

16. Text form

Supplementations and amendments to the agreements reached between Relaxound and the customer, including these General Terms and Conditions, shall require text form in order to be effective.

17. Applicable law and place of jurisdiction

17.1 German law shall apply.

17.2 The place of performance for all services arising from the business relationship with Relaxound and the place of jurisdiction shall be the registered offices of Relaxound. The same shall apply if the user does not have a general place of jurisdiction in Germany or the EU or if the place of residence or ordinary residence at the time of the filing of the claim is not known. The right to bring proceedings before a court at another statutory place of jurisdiction shall remain unaffected. The provisions of the UN Convention on Contracts for the International Sale of goods are expressly excluded.