General terms and conditions of business

QUQON

EasySleep GmbH

Messestr. 1

3100 St.Pölten

(Hereinafter referred to as “Seller”).

 

scope

 

1.1. These General Terms and Conditions (“GTC”) apply – unless expressly agreed otherwise – to contracts concluded between the seller and the customer. This is regardless of whether such a contract is concluded online via our website www.quqon.com or via another website offered by us.

 

1.2. By submitting his contractual declaration (see point 2), the customer accepts these terms and conditions. Contracts can only be concluded under these conditions. We must expressly agree to any deviating, conflicting, restrictive or supplementary terms and conditions and regulations of the customer so that they become part of the contract in individual cases. In particular, actions on our part to fulfill the contract do not constitute consent to any conditions that deviate from our General Terms and Conditions.

 

1.3. If several contracts are concluded at different times, the version of the General Terms and Conditions valid at the time the contract declaration (see point 2) is submitted by the customer and published by us will become part of the contract. Multiple contracts concluded with a specific customer do not constitute a continuing obligation or any other right to re-conclude a purchase contract without the express written agreement of a framework agreement.

 

 

2. conclusion of contract

 

2.1. The customer's order represents an offer. A contract is only concluded after acceptance by us. An order is only possible if all mandatory fields marked in the order form are filled out. If information is missing or we cannot fulfill the order for other reasons, the customer will receive an error message. Before the order is finally sent, the customer is given the opportunity to correct his order. The customer receives supporting detailed information directly during the ordering process. As soon as the ordering process is completed, the customer will be notified via an information window “Thank you for your order from QUQON”. This does not constitute acceptance of the customer’s offer on our part.

 

2.2. Once we have received the order, the customer will be notified of receipt of their order via the email address they provided. This communication does not constitute acceptance of the customer’s offer on our part.

 

2.3. The customer is bound to his order for 2 days from receipt of this order. The statutory right of withdrawal (right of withdrawal) remains unaffected.

 

2.4. The purchase contract is saved by us, but is not accessible to the customer via our web shop. If the customer wants to print out the contract text after placing his order, he can proceed as follows: After a successful order, the customer will receive a confirmation email, which he can save. Alternatively, after a successful order, an order summary is displayed on the website, which the customer can print out.

 

2.5. The contract language is German.

 

2.6. Our offer is aimed at customers in Austria, Germany and Italy.

 

2.7. The contract is concluded at the latest when the goods are dispatched.

 

2.8. By completing the order, the buyer assumes full responsibility for the accuracy and completeness of his information. The buyer must bear any consequences resulting from intentional or unintentional misstatements and typographical errors. This also includes possible reminder fees, additional delivery costs or other processing fees.

 

 

3. Register for the newsletter on the website

 

3.1. If the customer has ticked this during the ordering process, he has agreed to receive messages from our company about our products, current offers and other company-related information via advertising email, in particular newsletters. In addition, the customer must confirm his consent again in the confirmation email by clicking on the activation link.

 

3.2. The customer must be at least 18 years old and have full legal capacity. By sending the registration form, the customer confirms the accuracy of his information, in particular his name, age, legal capacity and address.

 

3.3. The customer can revoke his consent to receive such emails at any time as follows:

3.4. by unsubscribing from the newsletter via email office@quqon.com or directly in the newsletter by clicking unsubscribe.

 

 

4. Prices, delivery and shipping costs

 

4.1. All prices are total prices. They are inclusive of all taxes, including VAT and duties as well as shipping costs, unless these are stated separately. The customer must bear any customs fees that may arise.

 

4.2. Any packages that are sent freight forwarded to the seller will, without exception, not be accepted and the sender must pay the entire fees for the transport of these freight forwarded packages.

 

 

5. terms of payment

 

5.1. Unless otherwise agreed in writing, our claims must be paid in full and without deductions before the ordered products are delivered. Payment of the purchase price when purchasing via our website is possible using the following payment methods: advance payment, credit card (Mastercard, Visa, American Express), instant bank transfer, PayPal and purchase on account as well as installment purchase via Klarna.

 

5.2. Payment options via Klarna

In collaboration with Klarna Bank AB (publ.), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment is made to Klarna:

Invoice: The payment period is 14 days from dispatch of the goods. You can find the billing conditions here.

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 (but at least EUR 6.95) or under the conditions otherwise stated in the checkout. The installment payment is due at the end of the month after Klarna sends a monthly invoice. Further information on installment purchase including the general terms and conditions and the European standard information for consumer credit can be found here.

Immediately: Your account will be debited immediately after placing the order.

The use of the payment methods invoice, installment purchase and direct debit requires a positive credit check. Further information and Klarna's user conditions can be found here.

General information about Klarna can be found here. Your personal data will be treated by Klarna in accordance with the applicable data protection regulations and in accordance with the information in Klarna's data protection regulations.

Privacy Notice
In order to be able to offer you Klarna's payment options, we will transmit personal data, such as contact data and order data, to Klarna. In this way, Klarna can assess whether you can use the payment options offered via Klarna and adapt the payment options to your needs. General information about Klarna can be found here. Your personal information will be treated by Klarna in accordance with the applicable data protection regulations and in accordance with the information in Klarna's data protection regulations.

 

 

6. delivery

 

6.1. Delivery (posted by us) for an online purchase takes place - provided the goods are in stock and nothing different is noted on the website - within 2-5 working days after acceptance of the order by email or receipt of the order upon acceptance through actual delivery. The delivery time of 2-5 working days does not apply to special orders, goods that are only made for the respective customer after the order has been received, as well as extra-long mattresses (210 cm, 220 cm), here the delivery time is usually 2-6 weeks.

 

6.2. The delivery period is extended by the duration of the hindrance due to all circumstances independent of the will of the party, such as cases of force majeure, unforeseeable operational disruptions, official interventions, transport and customs clearance delays, transport damage, rejection of important production parts and labor disputes.

 

6.3. The delivery will be made to the delivery address given by the client. Any additional costs caused by the customer providing an incorrect delivery address must be borne by the customer.

 

6.4. Depending on the package size, delivery is carried out by a parcel service or a freight forwarder. When delivered by a freight forwarder, delivery is made to the curb. When delivered by parcel service, delivery is made to the first front door of the delivery location.

 

 

7. Cancellation and withdrawal rights and consequences for consumers

 

7.1. Introduction
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 purposes that can predominantly neither be attributed to their commercial nor their self-employed professional activity:

 

7.2. You have the right to cancel this contract within fourteen days without giving any reasons. 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.

 

7.3. In order to exercise your right of withdrawal, you must inform us 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 sample cancellation form below, although this is not mandatory.

 

7.4. In order to meet the cancellation period, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period expires.

 

7.5. Consequences of revocation

If you cancel this contract, we will refund to you all payments received from you, including delivery costs (except for any additional costs arising from you choosing a method of delivery other than the cheapest standard delivery offered by us have to be repaid immediately and at the latest within fourteen days from the day on which we clearly received the declaration of withdrawal. For this repayment we use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of 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 back the goods before the period of fourteen days has expired.

Unless otherwise agreed with the seller, the goods will be returned in the complete original packaging and via the transport route specified by the seller.

In principle, the seller bears the costs for the return transport of orders whose original delivery address is within Austria. The seller only bears the full costs for the return if the return transport is also organized by the seller and the consumer does not increase the costs for the return transport through his actions or fault. At QUQON The buyer bears the costs of returning RE-NEW products.
Customers who do not live in Austria always bear the entire direct costs of the return.

The consumer is only liable for any loss in value of the goods if this loss in value is due to handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

 

7.6. Exclusion or premature expiry of the right of withdrawal

The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer. This also applies to all “QUQON Eiderdown” products with eiderdown filling, as these are made specifically to customer requirements.

 

7.7. The goods must be returned in a new and hygienic condition and must not have any contamination or damage. The goods must also be unwashed. If the goods are not in perfect condition or are dirty and/or washed when they reach the seller, the consumer must pay for any contamination and damage or reduction in value. The consumer's right to provide proof that the goods were handed over to the carrier (forwarding or parcel service) in perfect condition and that the reduction in value occurred during transport despite sufficient packaging remains unaffected.

 

7.8. The return of the goods must be completed by the consumer within 14 days from the time of receipt of the written cancellation. The return of the goods is considered complete when the goods have been handed over to a shipping company or a parcel service and are therefore in transit. If this deadline is exceeded, the revocation is considered invalid. The consumer can then exercise a new revocation if possible, provided that he is within the applicable period.

 

7.9. Customers who do not live in Austria and/or the original delivery address is not in Austria always bear the entire return shipping costs. Regardless of the product and the return transport method chosen. (parcel service, post office, etc.)

 

7.10. At our QUQON For new customers* with delivery addresses in Austria and Germany, we grant mattresses an additional, voluntary right of return for a total of 101 nights (102 days) in addition to the legally agreed cancellation periods. Excluded from the 101 nights are custom-made products (e.g. 165x195cm), mattresses made specifically for the customer's wishes, QUQON RE-NEW mattresses as well QUQON Baby mattress and QUQON Children's mattress. Within this time we will collect the mattress free of charge from the original delivery address (Austria). The customer must arrange the pickup date himself with the shipping company. If the customer is not at home on the agreed day or otherwise prevents a successful collection, he or she must pay the costs of a further visit by the shipping company. Customers who do not live in Austria bear the direct costs of returning the goods.
*New customers are those customers who place an order for the first time and use personal information such as name, delivery address, email address and telephone number that have not been used for any other order. If a customer is not considered a new customer according to this definition, they are not entitled to the extended right of return of 101 nights.

 

7.11. For the following products, we grant new customers* with delivery addresses in Austria and Germany a total of 30 nights (31 days) of additional, voluntary return rights in addition to the legally agreed cancellation periods.
- QUQON Children's mattress
- QUQON Baby mattress
- QUQON Visco-Topper
Excluded from the 30 nights are custom-made products (e.g. 165x195cm), mattresses made specifically for the customer's wishes, QUQON RE-NEW mattresses as well QUQON Baby mattress and QUQON Children's mattress. Within this time we will collect the mattress free of charge from the original delivery address (Austria). The customer must arrange the pickup date himself with the shipping company. If the customer is not at home on the agreed day or otherwise prevents a successful collection, he or she must pay the costs of a further visit by the shipping company. Customers who do not live in Austria bear the direct costs of returning the goods. The topper will be returned by mail in the original packaging. Customers who do not live in Austria bear the direct costs of returning the goods and must organize the return themselves.
*New customers are those customers who place an order for the first time and use personal information such as name, delivery address, email address and telephone number that have not been used for any other order. If a customer is not considered a new customer according to this definition, there is no entitlement to the extended right of return of 30 nights.

 

7.12. The goods must be returned in a new, unwashed and hygienic condition and must not show any contamination, signs of wear or damage. If the goods are not in perfect condition when they reach the seller, the consumer must pay for the resulting reduction in value. 

 

7.13. In principle, the consumer is obliged to use the original packaging of the goods to ensure that the goods are sufficiently packaged for return shipping. If the original packaging for mattresses (original film) is no longer available, the seller will send you a new film for packaging, which costs €15. The consumer can also use other packaging, but must ensure that it is sufficient and appropriate. If damage occurs during transport due to inadequate packaging by the consumer, the consumer must pay for the resulting damage.

 

7.14. If the consumer's order contains several products and the consumer uses his right of return for the first time, any further voluntary, additional right of return of all other products in this order automatically expires. This does not affect any statutory right of withdrawal of all products.

 

 

 

Declaration of withdrawal / declaration of revocation

An die Firma EasySleep GmbH, E-Mail: office@quqon.com

I/we hereby revoke the contract concluded by for the article …………………, which I/we ordered on …………………..….. on ………………….. . have received.

The repayment will be made to the payment method I used or the following
Account……………….………………………………….

Name of the consumer(s) ………………………….….………

Address …………………………………………………..………

Date, signature ……………………………………………….

 

 

8. retention of title

 

8.1. The goods delivered by us remain our property until all of our claims from the respective delivery have been paid in full.

 

8.2. The customer is obliged to treat the goods with care during the retention of title. He must inform us immediately of all access by third parties to the goods, in particular of compulsory enforcement measures, as well as of damage or destruction of the goods. If the customer is at fault, he must reimburse us for all damages and costs that arise from a breach of these obligations and necessary intervention measures against third-party access to the goods.

 

 

9. warranty

 

9.1. The provisions regarding the legal warranty apply. The warranty period is 2 years from receipt of the goods.

 

9.2. Complaints based on statutory warranty claims or other complaints can be made to the following address: office@quqon.com

 

9.3. Improper use, cleaning and handling, particularly of mattress covers, washable product components, zippers, reversible handles, etc., may result in the statutory warranty being limited.

 

9.4. The product images on the website and/or in our folders may differ in color and size from the appearance of the delivered products due to the resolution and size. The delivered goods are considered to be in accordance with the contract if the delivered items correspond to the other product specifications.

 

9.5. Since all products are handmade, there may be slight differences in size, shape and texture between items. Especially with mattresses and other products with comfort, cold or visco foams, the degree of hardness can vary slightly between the individual products. A fluctuation in hardness levels and subjective feelings does not represent a defect and is due to the very high quality of the materials and the handcrafted production. The tolerance for size information is up to five centimeters.

 

9.6. All slatted frames can be loaded with a maximum weight of 140kg. Damage due to higher loads is not a warranty claim.

 

9.7. Upon receipt, the customer must, as far as possible, check the delivered goods for completeness, accuracy and other freedom from defects, in particular the integrity of the packaging, and report any defects to us by email office@quqon.com to be announced and briefly described. This only serves to process any complaints about defects more quickly and effectively. A violation of this obligation does not lead to any restriction of the consumer's statutory warranty rights.

 

9.8. Defective goods can therefore only be returned at our express request. If the customer requests that the goods be returned and the goods are actually defective, we will bear the corresponding costs. Otherwise, any shipping costs must be borne by the consumer.

 

 

10. Extended warranty conditions for our QUQON Mattresses (Smart, Individual, Natural, Children's Mattress & Baby Mattress)

 

10.1. In addition to the statutory warranty, we offer a guarantee of 10 years from the date of purchase on all of them QUQON Mattresses for customers with a delivery address in Austria. The guarantee only applies to consumers or for private use.

 

10.2. We reserve the right to check the warranty claim by sending the mattress to our factory and thus determine the condition of the mattress. In the event of a legitimate warranty claim, the costs incurred for packaging and transport are completely free of charge for the customer. Otherwise, the costs incurred must be borne by the customer. Specifically, EUR 79 including VAT per route and item will be charged to the customer. This does not include requested repair and replacement services; these will be charged additionally.
The statutory warranty remains unaffected.

 

10.3. There is no claim for compensation based on the guarantee. Any statutory claims for damages remain unaffected by this.

 

10.4. Scope of warranty:
During the specified period, we provide a quality and durability guarantee for our mattresses. This includes physical defects or adverse changes to product properties such as cracks and notches.
If the mattress core sinks by more than 3cm (measured without any load on the mattress) when used properly, the guarantee also applies.
The guarantee only applies if the mattresses were used together with a suitable base. All of them are considered suitable bases QUQON Slatted frames or slatted frames from other manufacturers that are comparable in design and function to a model of QUQON slatted frames. The slatted frames must not contain any softwood slats or offer any adjustment options that could damage the material of the mattress.
When making a warranty claim, the customer must present the original sales receipt.
For everyone else QUQON The statutory warranty provisions apply to products.
Improper use, cleaning and handling, particularly of mattress covers, washable product components, zippers, reversible handles, etc., may result in the warranty being limited.

In the event of a warranty claim, we will, at our discretion, provide an equivalent replacement or repair the defective goods. In the event of a repair, we reserve the right to send the goods to our factory for repair at our expense and to send them repaired back to the customer within 10 working days.

The amount of the guarantee payment in the event of a guarantee case depends on the age of the product. In the first two years from the date of purchase, in the event of a warranty claim, we will pay 100% of the original purchase price according to the purchase receipt. In the 3rd year of use we pay 60%, in the 4th year 50%, in the 5th year 40%, in the 6th year 20% and in the 7th to 10th year 10% of the original purchase price according to the customer receipt. In the event of a warranty claim, the warranty service (shown as a percentage) will be offset against the price of the new spare part, but under no circumstances will it be paid out, redeemed in cash or refunded.

The ongoing guarantee of a mattress is neither inhibited, interrupted nor extended by guarantee services already claimed. The guarantee therefore ends in any case 10 years after the date of purchase.

Repairing or replacing a defective product does not trigger a new warranty period.

10.5. Warranty exclusion:
All defects that arise due to improper use by the customer are excluded from the guarantee. Improper use also includes using a mattress that is not designed for the customer's body weight. If no or unsuitable bed sheets or mattress protectors are used, any resulting damage is excluded.
Cracks, cuts, scratches, dirt, dents and nicks that occur after delivery, as well as defects due to incorrect care or washing of the product are therefore excluded from the guarantee.
The warranty also excludes wearing parts that lose performance over time. These include the mattress covers, cover handles, zippers and the usual change in the hardness of the mattress core.
A reduction in mattress height of up to 3 cm is normal and excluded from the guarantee.

The guarantee does not cover incidental or consequential damage. This also affects damage caused by incorrect assembly, handling or care.

The guarantee only applies to indoor use. The guarantee does not apply if the mattresses are used outdoors or in an excessively humid environment. Any mold formation is due to excessively humid ambient air and is therefore excluded from the guarantee. Color changes in mattress foams are also excluded from the guarantee, as these are normal. The same applies to wrinkles in the mattress cover.

The following are excluded from the guarantee:
Products that are mattresses that are not new or that were not personally purchased by the customer, as well as return goods that are expressly stated as “used” or “returned after a trial sleep”.
Products that are exhibition pieces and demonstration models (Re-NEW products) and have been expressly identified as such.

 

10.6. Heavily soiled or used mattresses for which inspection or repair under our guarantee is unreasonable from a hygienic point of view are excluded from the guarantee.

 

10.7. Warranty processing
If customers suspect a defect under our warranty, they can contact our QUQON team by email (office@quqon.com) Make contact. If a warranty claim is to be made, this must be done in writing.

After checking as closely as possible, our employees will then check in advance whether there is a defect within the meaning of our guarantee. If this is the case, we will, subject to reservation, organize the free collection of the mattress from the customer.

We will then check the mattress in question and decide whether there is a warranty claim.

 

10.8. We reserve the right to prescribe the process and organization of the warranty check and to adapt the process to the individual customer's particular situation.

 

10.9. Our decision regarding the guarantee claim is binding for the customer, although this does not affect the customer's right to prove that there is a guarantee claim in accordance with our guarantee conditions or a higher claim than the claim we have already granted.

 

 

11. data protection

 

11.1. The personal data provided to us by the customer as part of the business relationship, such as name, address, email, telephone number and delivery address, are stored and processed by us. We use the data within the scope of the legal authorization to carry out the order.

 

11.2. The complete data protection declaration can be found at https://www.quqon.com/Services/Datenschutz/

 

 

12. Place of jurisdiction, choice of law

 

12.1. The place of jurisdiction for all disputes arising from this contract is the court with local and factual jurisdiction for 3100 St. Pölten. In this case, our authority to appeal to another court responsible for the customer remains unaffected.

 

12.2. If our customer is a consumer and has his domicile or habitual residence in Austria at the time of conclusion of the contract or is employed in Austria, a lawsuit against him can only be brought under the jurisdiction of the court in whose district the domicile, habitual residence or the place of employment is located. If the customer is a consumer and is resident or habitually resident in another EU member state at the time of conclusion of the contract, we carry out a professional or commercial activity in the EU member state in whose territory the consumer is domiciled or carry out such activity in some way applies to that Member State or to several States, including that Member State, and if the contract falls within the scope of that activity, the consumer's action may also be brought before the court of the place where the consumer is domiciled; the action against the consumer can only be brought before the courts of the Member State in whose territory the consumer is domiciled.

 

12.3. The substantive law of the Republic of Austria applies exclusively, excluding the reference standards and the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law only applies to the extent that mandatory provisions of the law of the country in which they have their habitual residence are not superseded.

 

12.4. If individual provisions of these General Terms and Conditions are wholly or partially ineffective, this will not affect the validity of the remaining provisions and the contracts concluded on the basis of them. The fully or partially ineffective regulation will only be replaced in contracts with entrepreneurs by a regulation that comes closest to the meaning and purpose of the ineffective regulation.

 

 

13. Promotional conditions and redemption of promotional vouchers

 

13.1. Vouchers that are issued free of charge by the seller as part of promotions with a specific period of validity and which cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the seller's online shop and only during the specified promotional period.

 

13.2. Individual products may be excluded from the voucher campaign if a corresponding restriction results from the content of the campaign voucher.

 

13.3. Promotional vouchers can only be redeemed before completing the ordering process. Subsequent billing is not possible.

 

13.4. Only one promotional voucher can be redeemed per order.

 

13.5. The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.

 

13.6. If the value of the promotional voucher is not sufficient to cover the order, you can choose one of the other payment methods offered by the seller to pay the difference.

 

13.7. The balance of a promotional voucher will neither be paid out in cash nor interest.

 

13.8. The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of his statutory right of withdrawal.

 

13.9. The promotional voucher is transferable. The seller can make payments with discharging effect to the respective holder who redeems the promotional voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the lack of authorization, incapacity or lack of authorization to represent the respective owner.

 

10/13 If the customer receives gifts or free products when purchasing goods, the receipt of which is tied to the purchase of the original goods, the customer must subsequently pay for the goods received free of charge or send them back (at the customer's expense) if the goods are returned.

 

11/13 If the customer receives gifts or free products when purchasing, the receipt of which is tied to a minimum order value, the customer must pay for the goods received free of charge in the event of a (partial) return of the purchased products, which means that the original minimum order value is undercut, or in the same way ( at the customer's expense).

 

Stand 01/2023