General Terms and Conditions SEVEN SUNDAYS Group AG

§ 1 Scope Scope

  1. The following General Terms and Conditions apply to contracts between SEVEN SUNDAYS Group AG, Bahnhofstrasse 8, CH-4415 Lausen (hereinafter referred to as "SEVEN SUNDAYS") and the customer (hereinafter referred to as "customer") with regard to the website https://my7sundays.ch (hereinafter referred to as "website").
  2. Contradictory, deviating or supplementary general terms and conditions of the customer do not become part of the contract unless SEVEN SUNDAYS expressly agrees to their validity. These general terms and conditions also apply if SEVEN SUNDAYS carries out services without reservation in the knowledge of conflicting or deviating terms and conditions of the customer.
  3. All information that the customer provides in the ordering process must be up-to-date and truthful. The registration of a minor customer requires the consent of the legal guardian. There is no right to conclude a contract.
  4. The customer must keep his access data, in particular the password he has chosen, secret. The customer is obliged to inform SEVEN SUNDAYS immediately if there are indications that the access data can be used without authorization.

 

§ 2 Conclusion of the contract

  1. The presentation of the goods on the website does not represent a legally binding offer by SEVEN SUNDAYS to conclude a purchase contract. The customer is only asked to submit an offer by placing an order. By ordering the desired goods, the customer makes a binding offer to conclude a purchase contract.
  2. When you select one or more products, they are placed in a virtual shopping cart, where the selected product(s) can be viewed and their number changed or the products removed. By pressing the "Checkout" button, the customer is prompted to enter the information relevant to shipping and to select a payment method. Before completing the order, the customer is shown a summary of all information relevant to the order. By clicking the "buy" or "order with obligation to pay" button, the ordering process is completed and the order is sent.
  3. By submitting the order on the website, the customer submits a binding offer aimed at concluding a purchase contract for the product(s) contained in the shopping cart. By sending the order, the customer also accepts these terms and conditions as solely relevant for the legal relationship with SEVEN SUNDAYS.
  4. SEVEN SUNDAYS confirms receipt of the customer's order by sending a confirmation email. This order confirmation does not yet represent the acceptance of the contract offer by SEVEN SUNDAYS. It merely serves to inform the customer that the order has been received by SEVEN SUNDAYS. The declaration of acceptance of the contract offer takes place through the delivery of the goods or an express declaration of acceptance.

 

§ 3 prices, shipping costs, import duties (customs), delivery times

  1. Orders are subject to the price(s) listed for the product(s) at the time the order is placed. All prices mentioned are final prices (gross prices) that include statutory VAT and other price components. In addition, there may be shipping costs and, if applicable, import taxes and duties.
  2. The goods are shipped directly through our Swiss distributor. Due to customs regulations, the customer as the recipient of the goods is a debtor.
  3. SEVEN SUNDAYS will cover the shipping costs for pillows and accessories from an order value of CHF 89.00. For shipping cushions & accessories orders with a total value of less than CHF 89.00, the shipping costs are CHF 6.90.  For mattresses (Pure, Pure+, Classic), the customer can choose between delivery by mail ( CHF 29.90 up to a size of 100x200 cm; CHF 99.00 from 120x200 cm) or delivery by courier (CHF 129.00). Box spring mattresses can only be delivered by a forwarding agent for CHF 129.00. For toppers, layers and blankets, the shipping costs are 9.90 CHF.
  4. In the case of purchase on account, the purchase price is due for payment on the day the customer receives the delivery. If payment is not made within 14 days of the due date, the customer is in default.
  5. Goods that are marked as "available" on the website will be delivered immediately after receipt of the order and, if necessary, after receipt of advance payment within a maximum of 5 working days. Any deviating delivery times wwe point this out on the respective product page.

 

§ 4 Payment

  1. SEVEN SUNDAYS basically offers the payment methods credit card, PayPal, TWINT and PostFinance Card. With every order, we reserve the right not to offer certain payment methods and to refer to other payment methods.
  2. The customer agrees that invoices and credit notes are transmitted exclusively in electronic form.
    1. Credit card: In the case of a purchase on a credit card, your credit card account will be debited on the day of the order.
    2. PayPal: Payment is processed by the service provider PayPal (Europe) S.à r.l. et Cie, 22-24 Boulevard Royal, LU-2449 Luxembourg subject to the PayPal terms of use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.
    3. TWINT - Payments are processed by the service provider TWINT AG, Stauffacherstrasse 41, CH-8004 Zurich, subject to the TWINT user agreement, which can be viewed at https://www.twint.ch/agb-app/  .
    4. PostFinance Card - payment processing takes place via the service provider PostFinance AG, Mingerstrasse 20, CH-3030 Bern,  subject to the PostFinance user agreement, which can be viewed at https://www.postfinance.ch/content/dam/pfch/doc/cust/download/pf_gtc_sc_de.pdf.
  3. Under no circumstances will SEVEN SUNDAYS bear the costs of a money transaction.

 

§ 5 procurement risk, delivery and transfer of risk

  1. SEVEN SUNDAYS does not assume any procurement risk, not even in the case of a purchase contract for generic goods. SEVEN SUNDAYS is only obliged to deliver from its stock of goods and from the delivery of goods ordered by SEVEN SUNDAYS from its suppliers.
  2. The obligation on the part of SEVEN SUNDAYS to deliver does not apply if SEVEN SUNDAYS was not supplied correctly or in good time despite proper, congruent hedging transactions and SEVEN SUNDAYS is not responsible for the lack of availability, has informed the customer of this immediately and has not assumed any procurement risk.
  3. Should goods not be available, SEVEN SUNDAYS will refund any advance payment immediately.
  4. The delivery time is extended appropriately if there is force majeure that affects the delivery. The following are equivalent to force majeure: (i) strike, (ii) lockout, (iii) official intervention, (iv) shortage of energy and raw materials, (v) transport bottlenecks through no fault of one's own, (vi) operational disruptions through no fault of one's own, e.g. due to fire, water and machine damage and all other hindrances which, from an objective point of view, were not culpably caused by us. We will inform you immediately of the beginning and end of such hindrances. The customer is entitled to withdraw from the contract if the impediment to performance in the aforementioned cases lasts for a period of more than 4 weeks after the originally applicable delivery times. Any further claims, in particular for damages, do not exist.
  5. In the case of consumers, the risk of accidental loss and accidental deterioration of the goods sold passes to the consumer when the goods are handed over to the consumer or a recipient specified by him. This applies regardless of whether the shipment is insured or not. Otherwise, the risk of accidental loss and accidental deterioration of the goods passes to the customer upon handover, in the case of mail-order sales upon delivery of the goods to the carrier or the person or institution otherwise responsible for carrying out the shipment.
  6. If the customer is an entrepreneur, the risk and the danger of the shipment pass as soon as the goods have been handed over by us to the logistics cooperation partner. At the same time, in the event that we are unable to meet a delivery deadline for reasons for which we are not responsible, we reserve the right to determine a new, reasonable delivery deadline after informing the customer immediately. If the ordered goods are also not available within this new delivery period, we are entitled to withdraw from the contract in the case of entrepreneurs. Any consideration already paid will be refunded immediately.
  7. A desired date for delivery is not possible for delivery by parcel service. If the customer is not present when the first delivery attempt is made, the guidelines of the commissioned parcel service apply to further delivery attempts. SEVEN SUNDAYS has no influence whatsoever on further delivery attempts.

 

§ 6 retention of title

  1. In the case of consumers, the goods remain the property of SEVEN SUNDAYS until full payment has been made.
  2. A RecThe customer is only entitled to set-off if his counterclaims have been legally established or are undisputed or recognized by us. This does not apply to claims to which the customer is entitled on the basis of exercising the right of withdrawal.
  3. If the customer is in arrears with any payment obligations towards SEVEN SUNDAYS, all existing claims become due immediately.

 

§ 7 Extended retention of title

  1. SEVEN SUNDAYS retains title to the goods from customers who are not consumers until all claims from the current business relationship have been settled in full. The corresponding security rights are transferable to third parties. Before ownership of the reserved goods has passed, the customer is not entitled to pledge the item or assign it as security.
  2. The customer is entitled to resell the goods in the ordinary course of business. In this case, the customer already assigns all claims arising from the resale to SEVEN SUNDAYS in the amount of the invoice amount. SEVEN SUNDAYS accepts the assignment. The customer is also authorized to collect the debt. SEVEN SUNDAYS reserves the right to collect the claim itself if the customer does not properly meet his payment obligations.
  3. If the reserved goods are combined and mixed, SEVEN SUNDAYS acquires co-ownership of the new item in relation to the invoice value of the reserved goods to the other processed items at the time of processing.
  4. SEVEN SUNDAYS undertakes to release the securities to which it is entitled at the customer's request insofar as the value of the securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is the responsibility of SEVEN SUNDAYS.

 

§ 8 Statutory right of withdrawal

Consumers are entitled to a right of withdrawal according to the following stipulations, whereby a consumer is any natural person who concludes a legal transaction for a purpose that can be attributed neither to their commercial nor their self-employed professional activity.

Cancellation Policy

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving a reason.

The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods.

In order to exercise your right of withdrawal, you must send us (SEVEN SUNDAYS Group AG, Bahnhofstrasse 8, CH-4415 Lausen) a clear statement (e.g. a letter sent by post, fax or e-mail) about your decision to revoke this contract. You can use the attached sample revocation form for this, but it is not mandatory.

To meet the cancellation deadline, it is sufficient for you to send the communication regarding the exercise of the right of cancellation before the cancellation period has expired.

 

Consequences of revocation

If you cancel this contract, we will owe you all payments we have received from you, including delivery costs (except for additional costs resulting from your choosing a different type of delivery than that offered by us, have chosen the cheapest standard delivery) immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment. We may refuse repayment until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier.

You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send off the goods before the period of fourteen days has expired.

We will bear the 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.

 

End of cancellation policy

Sample cancellation form

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

  • SEVENSUNDAYS Group AG, Bahnhofstrasse 8, CH-4415 Lausen
  • I/we (*) hereby revoke 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 the consumer(s)
  • Signature of the consumer(s) (only if notification is made on paper)
  • Date

(*) Delete where not applicable.

 

§ 9 Voluntary Right of Withdrawal

  1. The customer has the right to withdraw from this contract within 30 days without giving any reason. The voluntary right of withdrawal begins after the statutory right of withdrawal of 14 days has expired and runs for a further 16 days. This gives the customer a total of 30 days' right of withdrawal (14 days by law, 16 days voluntarily).
  2. In order to exercise the right of withdrawal, the customer must send SEVEN SUNDAYS Group AG, Bahnhofstrasse 8, 4415 Lausen a clear declaration (e.g. a letter sent by post or an e-mail) about the decision to withdraw from this contract, inform. The customer can use the model cancellation form for this, but this is not mandatory. To meet the cancellation deadline, it is sufficient for the customer to send the communication regarding the exercise of the right of cancellation before the cancellation period has expired.
  3. If the customer withdraws from this contract under the right of withdrawal, SEVEN SUNDAYS will reimburse him for all payments that SEVEN SUNDAYS has received, including delivery costs (except for the additional costs resulting from the customer choosing a different type of delivery than the cheapest standard delivery offered by SEVEN SUNDAYS), immediately and at the latest within 14 days from the day on which the product was verifiably returned. For this repayment, SEVEN SUNDAYS will use the same means of payment that the customer used for the original transaction, unless something different was expressly agreed with them; under no circumstances will the customer be charged for this repayment. SEVEN SUNDAYS is entitled to refuse repayment until SEVEN SUNDAYS has received the goods back or until the customer has provided proof that he has returned the goods, whichever is earlier.
  4. The statutory right of withdrawal is not affected by this and remains in place independently of this. Until the end of the period for the statutory right of withdrawal, only the statutory conditions listed there apply.
  5. This right of withdrawal does not limit the statutory warranty rights of the customer; these remain unrestricted.

 

§ 10 Warranty

  1. The legal regulations apply.
  2. The warranty period is two years for the consumer and 12 months for the customer who is not a consumer from the start of the statutory limitation period. This does not apply to damage resulting from injury to life, limb or health, which SEVEN SUNDAYS culpably caused, and not to damage caused by gross negligence or intentionally or fraudulently by SEVEN SUNDAYS, as well as to recourse claims according to §§ 478, 479 BGB .
  3. Only SEVEN SUNDAYS' own information and the manufacturer's product description are agreed as the quality of the goods, but not other advertising, public promotions and statements by the manufacturer.
  4. The customer who is not a consumer is obliged to examine the goods immediately and with due care for deviations in quality and quantity and to notify SEVEN SUNDAYS in writing of obvious defects within seven days of receipt of the goods; timely dispatch is sufficient to meet the deadline . The same applies to hidden defects discovered later from the point of discovery. In the event of a breach of the obligation to examine and give notice of defects, the assertion of warranty claims is excluded.
  5. SEVEN SUNDAYS fulfills the warranty claim in the case of defective purchased items by means of repair or replacement delivery, at its discretion. If the elimination of the defect fails twice, the customer can either demand a price reduction or withdraw from the contract. In the case of rectification, the customer bears the increased costs that arise from the fact that the goods were brought to a place other than the place of performance, provided that the shipment does not correspond to the intended use of the goods.
  6. Claims based on the Product Liability Act remain unaffected.
  7. Deviations in patterns, dimensions, colors, texture, etc. over which SEVEN SUNDAYS has no influence do not constitute a defect. All dimensions of the covers and mattresses are marginal dimensions; the customary dimensional tolerance of +/- 3% applies.

 

§ 11 Guarantee

    1. SEVEN SUNDAYS grants a guarantee for a period of 60 months and Topper a guarantee for a period of 30 months on all newly purchased mattresses Maintaining the dimensional stability and durability of the core materials (i.e. finally (i) in the event of cracks, dents or damage to the foam as a result of a material or production defect that has arisen despite proper and proper use, and (ii) in the case of material or production defects in the zipper) . If there is a justified guarantee case, it is at the discretion of SEVEN SUNDAYS to rectify the defect either through repair, exchange or return with reimbursement of the purchase price. In order to ensure smooth processing of the guarantee claim, the customer is asked to provide appropriate photographic material of the goods in question.
    2. The warranty can be extended by the duration of the original warranty period if the product registration is completed within 6 months of purchase (i.e. mattresses are guaranteed for a period of 120 months, toppers for the Duration of 60 months).
    3.  This guarantee is degressive. This means that SEVEN SUNDAYS, in the event of damage to a warranty claim, will assess the respective value of the product based on the original gross purchase price as follows:
      1. Mattresses
        1. 0 - 60 months 100%,
        2. 61 – 96 months 25%,
        3. 97 – 120 months 10%.
      2. Toppers
        1. 0 - 30 months 100%,
        2. 30 - 60 months 10%
    4. The warranty does not apply to damage caused by improper use or lack of or incorrect care.
    5. The statutory rights of revocation and warranty apply unchanged.

         

        § 12 Limitation of Liability

        1. SEVEN SUNDAYS is liable, for whatever legal reason, within the framework of the statutory provisions only in accordance with the following paragraphs 2 and 3.
        2. SEVEN SUNDAYS has unlimited liability for damage resulting from injury to life, limb or health that is based on intent or negligence on the part of SEVEN SUNDAY or one of its legal representatives or vicarious agents. In addition, SEVEN SUNDAYS is liable for damage caused by intent or gross negligence on the part of SEVEN SUNDAYS or one of its legal representatives or vicarious agents, as well as for damage due to non-compliance with a guarantee given by SEVEN SUNDAYS or a guaranteed property, or due to fraudulently concealed defects.
        3. SEVEN SUNDAYS is liable, limited to compensation for the foreseeable damage typical of the contract, for damage that is based on a slightly negligent breach of essential contractual obligations by it or one of its legal representatives or vicarious agents. Essential contractual obligations are obligations the fulfillment of which is essential for the proper execution of the contract and on the compliance with which the contractual partner may regularly rely.

         

        § 13 promotional vouchers

        Action vouchers are vouchers that cannot be purchased, but that we offer as part of advertising and/or marketing measures with a clearly defined period of validity.

        These vouchers can only be redeemed once in the specified period; subsequent crediting and transfer to third parties is not possible. Individual products can be excluded from voucher campaigns. Multiple vouchers cannot be combined unless we have agreed otherwise. Promotional vouchers can also be linked to a minimum order value. For administrative reasons, it is not possible to refund any remaining credit. The balance of a promotional voucher is neither paid out in cash nor does it earn interest.

        A promotional voucher for a canceled order and a return is automatically no longer valid.

         

        § 14 data protection and confidentiality

        1. The customer is informed that SEVEN SUNDAYS collects, processes and uses personal inventory and usage data in machine-readable form within the scope of the purpose of the contractual relationship. All personal information will be handled confidentially. SEVEN SUNDAYS' privacy policy can be viewed at https://my7sundays.ch/datenschutz.
        2. The contracting parties undertake to treat confidentially any information from the other party that has become known to them in the course of the execution of the contract.