Terms and conditions

Sales contract for a movable item (purchase of consumer goods)

§ 1 Scope of application and contractual bases

(1) The following terms and conditions of sale apply to the sales contract concluded between you as the buyer and us as the seller for the delivery of goods.

(2) All agreements made between you and us in connection with the purchase contract arise in particular from these terms and conditions of sale, our written order confirmation and our declaration of acceptance.

(3) Illustrations or drawings contained in our brochures, advertisements and other offer documents are only approximately decisive, insofar as the information contained therein has not been expressly designated by us as binding.

§ 2 Conclusion of contract

(1) The presentation of goods in the online shop does not constitute a binding offer to conclude a purchase contract. Rather, it is a non-binding invitation to order goods in the online shop.

(2) By clicking the 'Order' button, you are making a binding offer to purchase (Section 145 of the German Civil Code (BGB)).

(3) After we receive your offer to purchase, you will receive an automatically generated email from us confirming that we have received your order (confirmation of receipt). This
confirmation of receipt does not yet constitute acceptance of your offer to purchase. A contract is not yet formed by the confirmation of receipt.

(4) A purchase agreement for the goods is only concluded when we expressly declare our acceptance of the purchase offer, send you a pro forma invoice or when we ship the goods to you without prior express declaration of acceptance.

§ 3 Prices; Payment

(1) Our prices include packaging costs and the statutory sales tax; however, delivery and shipping costs are only included in our prices if a separate agreement has been made with you in this regard. In the event of a cancellation of your declaration of intent to conclude the purchase contract, you shall bear the regular costs of returning the goods, as specified in the attached cancellation policy. We request that you return the goods to us in their original packaging.

(2) Unless we have agreed otherwise with you in writing, the purchase price owed by you is to be paid without deduction within 10 working days of you receiving our pro forma invoice.

(3) If you fall into arrears with payment, we shall be entitled to demand interest from this point in time at a rate of 5% above the respective base interest rate of the European Central Bank (ECB). We reserve the right to prove higher damages.

§ 4 Offsetting; Right of Retention

You are only entitled to offset against our claims if your claims have been legally established, we have recognised them or if your claims are undisputed. You are also entitled to offset against our claims if you assert complaints or counterclaims from the same purchase contract. As a buyer, you may only exercise a right of retention if your counterclaim is based on the same purchase contract.

§ 5 Delivery and performance time

(1) Our delivery dates or delivery times are exclusively non-binding information, unless these have been expressly agreed between you and us as binding.

(2) Four weeks after a non-binding delivery date or a non-binding delivery period has been exceeded, you can request in writing to deliver within a reasonable period. If we culpably fail to meet a delivery date or a delivery period that has been expressly agreed as binding, or if we are in default for any other reason, you must set us a reasonable period of grace to effect our performance. If we allow this period of grace to elapse without result, you are entitled to withdraw from the purchase contract.

(3) Subject to the restrictions in accordance with § 6 below, we shall otherwise be liable to you in accordance with the statutory provisions if the contract is a transaction for delivery by a fixed date or if, as a result of a delay in delivery for which we are responsible, you are entitled to claim that you are no longer interested in the performance of the contract.

(4) We shall be entitled to make partial deliveries and provide partial services at any time.

§ 6 Rights in the event of delay and defects; liability

(1) If the delivered item does not have the agreed quality between you and us or it is not suitable for the use presumed according to our contract or generally or it does not have the features that you could expect according to our public statements, we are obliged to provide subsequent performance. This does not apply if we are entitled to refuse subsequent performance due to the statutory regulation.

(2) You may choose whether subsequent performance is to be made by remedying the defect (rectification) or by delivering new goods. You must grant us a reasonable period of time for subsequent performance. During the subsequent performance, you are not entitled to reduce the purchase price or to withdraw from the contract. If we have tried to rectify the defect twice without success, this shall be deemed to have failed. If the subsequent performance has failed, you are entitled, at your option, to reduce the purchase price or to withdraw from the contract.

(3) You can only claim damages for a defect if the subsequent performance has failed. Your right to assert further claims for damages in accordance with the statutory provisions remains unaffected.

§ 7 Retention of title

The delivered goods (reserved goods) remain our property until full payment of all claims arising from this contract.

§ 8 Cancellation policy, consumer's right of cancellation, return costs

(1) You can cancel your contractual declaration in writing (e.g. letter, e-mail) within 14 days without stating reasons. The period begins after receipt of this instruction, but not before receipt of the goods by the recipient (in case of recurring deliveries of similar goods, not before receipt of the first partial delivery) and also not before we have fulfilled our information obligations under Art. 246 § 2 in conjunction with § 1 (1) and (2) EGBGB. To meet the cancellation deadline, it is sufficient to send your cancellation in good time. You can use the attached sample cancellation form for this, but it is not obligatory.

(2) The cancellation should be addressed to: info@space4dreams.de or by post to:

SPACEforDREAMS UG (Haftungsbeschränkt)
Blasewitzer Straße 41, 01307 Dresden, Germany

Billing address only! Please do not send returns to this address, as they will not be accepted.

Specimen revocation form:

I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods:________________________
Ordered on (*)/received on (*): ________________________
Name of consumer(s): ________________________
Address of consumer(s): ________________________
Signature of consumer(s) - only for paper notifications
Date: ________________________
(*) Add or delete as applicable.

(3) Consequences of cancellation:

In the event of a valid cancellation, the services received by each party shall be returned. If you are unable or partially unable to return the received services to us, or only able to return them in a deteriorated condition, you shall be obliged to provide us with compensation for the corresponding value. You are only required to pay compensation for the deterioration of the goods and for any benefits obtained if the use or deterioration is due to handling of the goods that goes beyond the examination of the properties and functioning. 'Examination of the properties and functioning' is understood to mean testing and trying out the respective goods, as is possible and customary in a retail store. You must return the goods to us or hand them over to us immediately and in any case no later than fourteen days from the date on which you notify us of the cancellation of this contract. The deadline is met if you send or hand over the goods before the expiry of the fourteen-day period.

In the event of cancellation, the goods are to be sent to the following address:

SPACEforDREAMS UG (limited liability)
Complaints Department / Revocation
Trnova 207
252 10 Trnova (Praha Zapad)
Czech Republic

If you revoke this Agreement, we shall reimburse you for all payments we have received from you, including delivery charges (other than additional charges arising from your choosing a method of delivery other than

the cheapest standard delivery offered by us), without undue delay and no later than 30 days from the day on which we receive notification of your cancellation of this contract. For this repayment,

we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged for this repayment.

You will bear the direct costs of returning the goods.

§ 9 Complaints procedure

The European Commission provides a platform for out-of-court online dispute resolution (OS), which you can find at the external link //ec.europa.eu/consumers/odr/. We are neither obliged nor willing to participate in the dispute resolution procedure.

§ 10 Final Clauses, Applicable Law

The law of the Federal Republic of Germany shall apply to our contract.
The application of the UN Sales Convention is excluded.

Our e-mail address: info@space4dreams.com

in Dresden, 15 November 2024