General terms and conditions of business

of shogazi ® GmbH (hereinafter shogazi),
Heidemannstrasse 25-27, 80939 Munich.
As of: 03 September 2023

Tel +49 (0) 89/189 109 58, Fax +49 (0) 89/189 109 59, info@shogazi.de

The address to which summons can be sent and the person(s) authorized to represent the company can also be found in the imprint.

§1 Scope

These General Terms and Conditions (GTC) apply to all contracts concluded by shogazi® GmbH (hereinafter shogazi) with consumers (§ 13 BGB) via our online shop. A consumer is any natural person who concludes a legal transaction for a purpose that cannot be attributed to either their commercial or their independent professional activity.

§2 Preamble

(1) The following General Terms and Conditions apply to all contracts, deliveries and other services in the version valid at the time of the order. The contracts concluded with the customer are concluded exclusively on the basis of these General Terms and Conditions (GTC), the content of which the customer has taken note of and with whose validity the customer expressly agrees.
(2) Any deviating provisions of the contracting party shall not be recognised unless shogazi has expressly agreed to their validity in writing.
(3) shogazi reserves the express right to change or supplement these General Terms and Conditions. Orders received before this date will be processed in accordance with the General Terms and Conditions applicable up to the time of the order.

§3 Conclusion of the purchase contract

(1) Goods are only sold in normal household quantities. Larger orders require special requests to shogazi. The presentation of the product range on shogazi's website is merely an invitatio ad offerendum and not an offer within the meaning of §§145 ff. BGB.
(2) The purchase contract between the customer and shogazi is concluded as follows: By placing an order by email, fax or in any other form, the customer makes an offer to shogazi to purchase the product or products within the meaning of Section 145 of the German Civil Code (BGB). The customer will be notified of receipt of the order immediately by email. However, this does not constitute acceptance of the customer's offer to conclude the purchase contract. shogazi expressly reserves the right to accept this offer to the customer within two weeks by confirming it by email or by sending the goods under the conditions applicable at the time the customer places the order. If the offer is not accepted within two weeks, the customer is no longer bound to his offer.
(3) If there are any errors in the information about the product range on the shogazi website, the customer will be informed separately and a corresponding counter-offer will be made. Minor deviations and technical changes compared to the illustrations or descriptions are possible.
(4) The order of the goods can only be successfully placed if the customer has given his consent to these General Terms and Conditions and has taken note of the cancellation policy.

§4 Delivery

(1) The goods will be dispatched as quickly as possible. The goods and other products to be dispatched under the contract will only be dispatched within Germany, as well as to Switzerland and Austria. We reserve the right to make a partial delivery if this appears advantageous for a speedy processing. Unless otherwise agreed, delivery will be made from the shogazi warehouse to the delivery address specified by the customer.
(2) Delivery will be made at the shipping costs stated in each individual case. Any special shipping methods requested by the customer will be charged at the local surcharge.
(3) In the case of highly frequented products, e.g. new products, there may be delivery bottlenecks on the part of the manufacturers. These products are then always shipped in the order in which orders are received. If your desired product is affected, we will notify you as soon as possible by telephone, email or fax and obtain your consent to any delay in delivery.

§5 Due date, payment and default

shogazi only accepts the payment methods shown to the customer during the ordering process. All prices include statutory VAT, currently 19%. For invoices outside of the Internet, the payment period is 14 days, unless other payment terms have been agreed in writing. If the customer defaults on payment, shogazi® is entitled to demand default interest of 5% pa above the base interest rate of the European Central Bank. shogazi expressly reserves the right to claim higher damages caused by default if shogazi can prove that such damages have been incurred.

§6 Direct debit procedure

If the customer has chosen to pay by direct debit, the following applies:

(1) The customer hereby authorizes shogazi to collect all amounts due under the purchase contract by direct debit from the account specified when placing the order. The amounts due will be debited from the account specified by the customer after the order has been placed, provided that shogazi has accepted the customer's offer to conclude the purchase contract.
(2) The customer must ensure that there are sufficient funds in his account at all times and that the amounts due can be collected by shogazi.
(3) If direct debits have to be reversed because the customer's account from which the amounts due are to be debited has no or insufficient funds, or because the customer cancels the direct debit without legal grounds, the customer undertakes to reimburse shogazi for the direct debit return fees and a processing fee of €10.00. The customer is permitted to provide evidence that shogazi has not incurred any damage or has not incurred the same amount.
(4) If, in the customer's opinion, an amount has been debited without justification, the customer must inform shogazi immediately. After the customer has notified shogazi of the complaint, shogazi will thoroughly examine the legitimacy of the complaint and, if applicable, immediately refund any amounts debited without justification to the customer.
A cancellation of the direct debit may result in the charging of the return debit fees incurred by shogazi as well as the processing fee of €10.00 if the cancellation was not justified.

§7 Cancellation policy

Consumers have a 14-day right of withdrawal.

Right of withdrawal

You can revoke your contractual declaration within 14 days without giving reasons in text form (e.g. letter, fax, email) or - if the item is given to you before the deadline - by returning the item. The period begins after receipt of this instruction in text form, but not before receipt of the goods by the recipient (in the case of recurring deliveries of similar goods, not before receipt of the first partial delivery) and also not before fulfillment of our information obligations in accordance with Article 246 § 2 in conjunction with § 1 paragraphs 1 and 2 EGBGB and our obligations in accordance with § 312g paragraph 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. To comply with the cancellation period, it is sufficient to send the cancellation or the item in good time. The cancellation must be sent to:

shogazi® Sleep Culture GmbH
Heidemannstr. 25-27 Rgb
80939 Munich
Fax: 089/ 273 720 91
Email: info@shogazi.de

Consequences of revocation

In the event of an effective cancellation, the services received by both parties must be returned and any benefits derived (e.g. interest) must be surrendered. If you are unable to return or surrender the service received and benefits (e.g. benefits of use) to us, or only partially or only in a deteriorated condition, you must pay us compensation for the value. You only have to pay compensation for the deterioration of the item and for benefits derived if the use or deterioration is due to handling of the item that goes beyond checking its properties and functionality. “Checking the properties and functionality” means testing and trying out the respective goods, as is possible and usual in a store, for example. Items that can be sent by parcel must be returned at our risk. You must bear the regular costs of return if the goods delivered correspond to those ordered and if the price of the item to be returned does not exceed an amount of 40 euros or if, in the case of a higher price of the item, you have not yet paid the consideration or a contractually agreed partial payment at the time of cancellation. Otherwise, the return is free of charge for you. Items that cannot be sent as a parcel will be picked up from you. Obligations to refund payments must be fulfilled within 30 days. For you, the period begins when you send your cancellation notice or the item, and for us when we receive it.

The right of withdrawal does not apply to distance contracts

• for the delivery of goods manufactured according to customer specifications or
• are clearly tailored to personal needs or
• which, due to their nature, are not suitable for return

End of revocation

(7.2) Agreement on the bearing of costs when exercising the right of withdrawal.
You must bear the regular costs of return if the goods delivered correspond to those ordered and if the price of the goods to be returned does not exceed an amount of 40.00 euros, or if, in the case of a higher price of the item, you have not yet paid the consideration or a contractually agreed partial payment at the time of cancellation.
(7.3) Please avoid damage and contamination. If possible, please send the goods back to us in their original packaging with all accessories and packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please use suitable packaging to ensure adequate protection against transport damage in order to avoid claims for damages due to damage caused by inadequate packaging.
(7.4) Please call us on 089/ 272 739 96 before returning the goods to notify us of the return. This will enable us to allocate the products as quickly as possible.
(7.5) Please send the goods back to us as a prepaid parcel and keep the delivery receipt. If you wish, we will also be happy to reimburse you for the postage costs in advance, provided you do not have to pay them yourself.
(7.6) Please note that the modalities mentioned in points 7.3 to 7.5 are not a prerequisite for the effective exercise of the right of withdrawal.

§8 Warranty

(1)The statutory warranty provisions apply.
(2) shogazi may refuse the type of subsequent performance chosen by the customer, without prejudice to Section 275 Paragraphs 2 and 3 of the German Civil Code (BGB), if it is only possible at disproportionate costs. In particular, the value of the item in a defect-free condition, the significance of the defect and the question of whether the other type of subsequent performance can be used without significant disadvantages for the customer must be taken into account. In this case, the customer's claim is limited to the other type of subsequent performance; the seller's right to refuse this under the relevant legal requirements remains unaffected. The provider's warranty is otherwise governed by the other statutory provisions.

§9 Claims for damages

(9.1.) Claims for damages by the customer are excluded unless otherwise specified below. The above exclusion of liability also applies to the legal representatives and vicarious agents of shogazi, insofar as the customer asserts claims against them.
(9.2) The following are excluded from the exclusion of liability set out in paragraph 1:

• Claims for damages due to injury to life, body or health;
• Claims for damages arising from the breach of essential contractual obligations. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract.
• Claims for damages based on an intentional or grossly negligent breach of duty by shogazi, its legal representatives or vicarious agents.

(9.3) Provisions of the Product Liability Act (ProdHaftG) remain unaffected.

§10 Retention of title

The delivered goods remain the property of shogazi until full payment has been made.

§11 Data protection

shogazi will observe all requirements for the protection of data transmitted by the customer within the scope of the contract and for its processing, in particular the provisions of the Teleservices Data Protection Act.

§12 Contract language, applicable law

The language available for concluding the contract is German.

§13 Jurisdiction agreement

If the contracting parties are merchants, legal entities under public law or special funds under public law, the place of jurisdiction for all legal disputes in connection with this contract shall be the registered office of shogazi.

shogazi GmbH, Heidemannstr. 25-27 Rgb, 80939 Munich.
Tel +49 (0)89 / 189 109 58, Fax +49 (0)89 / 27 37 20 91 , info@shogazi.de