Imprint / AGB

Fennobed GmbH

Hanauer Landstrasse 161-173 60314 Frankfurt am Main Telephone: 069 – 904 398 510 Fax: 069 – 904 398 529 Internet: and E-mail: Registered office of the company Frankfurt am Main HRB 84742 VAT ID no. DE263288439 Managing Director Andreas Lehnhoff Liability notice Despite careful control of the contents, we do not assume any liability for the contents of external links. The operators of the linked pages are solely responsible for their content. All prices in €. Model and price deviations, typesetting and printing errors are subject to change. „Notice according to the Consumer Dispute Settlement Act: We do not participate in alternative dispute resolution through arbitration boards.“ General Terms and Conditions Branches

§ 1 Scope of application/ General

(1) These terms and conditions apply to all contracts, deliveries and other services that you agree with us, Fennobed GmbH, Hanauer Landstraße 161 – 173, 60314 Frankfurt, outside our web shop. Deviating customer regulations do not apply unless we have confirmed this in writing. Individual agreements between us always take precedence. (2) We deliver from our branches within Germany, to Austria and Switzerland, in each case within a radius of around 150 km. If your delivery address is further away from the branch you have contacted, we will pass your order on to the branch nearest to the delivery address or to another Fennobed location. In the case of transfer to another Fennobed location, your contractual partner is not Fennobed GmbH, but one of our Fennobed partners, who may use different terms and conditions. (3) The contract is concluded when you receive our written order confirmation.

§ 2 Delivery and Transfer of Risk

(1) Unless expressly agreed otherwise, delivery will be made by parcel service or carrier to the delivery address specified by you to your front door, depending on the goods ordered. (2) In the case of delivery by carrier, please provide a telephone number where we can reach you or a third party authorised to accept the delivery to arrange a delivery date. We or the appointed carrier will contact you or the third party authorised to accept delivery in advance to arrange an appointment. If the place of delivery cannot be reached by the delivery vehicle or by the forwarder or cannot be reached without obstacles, you must point this out at the latest when making the appointment. If this information is not provided, you shall be in default of acceptance and shall bear the additional costs incurred for storage and a new delivery if the delivery cannot be made as agreed due to the non-accessibility or difficult accessibility. The same shall apply if you or the third party authorised to accept the delivery are/is not present at the agreed delivery address on an agreed delivery date without timely advance notice or if you refuse acceptance of the goods in whole or in part, not only temporarily, after notification that the goods are ready for dispatch. (3) Delivery dates can be agreed individually in the order form or in the order confirmation. Delivery dates are only binding if they have been expressly agreed as such. All delivery periods agreed in the order or otherwise shall commence (a) if delivery against advance payment has been agreed, on the day after the payment order has been issued to the remitting banking institution or (b) in the case of other payment, on the day on which we receive the order. (4) The risk of accidental loss and accidental deterioration of the goods shall pass to you upon handover. If you order as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay shall already pass to you upon delivery of the goods to the forwarding agent, the carrier or the person otherwise designated to carry out the shipment. (5) We are entitled to make partial deliveries unless otherwise agreed and this is reasonable for you. You shall not incur any additional costs as a result. (6) Delivery periods shall be extended appropriately in the event of force majeure, industrial disputes, non-delivery, incorrect or delayed delivery by a pre-supplier, irrespective of the reason (reservation of self-delivery), as well as in the event of the occurrence of unforeseen obstacles which are beyond our control, insofar as such obstacles demonstrably affect the completion or delivery of the ordered goods. This shall also apply if the circumstances occur at a pre-supplier. The aforementioned circumstances are also not our responsibility if they arise during an already existing delay. You will be informed of the duration of the hindrance as soon as it is foreseeable. If you cannot reasonably be expected to accept the delivery as a result of the delay, you have the right to withdraw from the contract by means of an immediate written declaration. If it is a permanent obstacle that makes delivery impossible or unreasonable for us, we are entitled to withdraw from the contract in whole or in part.

§ 3 Prices and Terms of Payment

(1) The prices shown in the order confirmation shall apply. All prices include the statutory value added tax. (2) The prices do not include shipping costs and any cash on delivery or transfer fees. The shipping costs per delivery are € 6 for textiles (bed linen), € 15 for comfort pads and € 25 for all other products for orders up to € 500. There are no shipping costs for orders over 500 € if you have ordered from us as a consumer. For a bed delivery to a German island, there is an additional charge of 150 € per delivery for all customers. (3) We offer the following payment methods: prepayment (by bank transfer), cash on delivery (for an additional cash on delivery fee of € 10) or SEPA direct debit. When purchasing a bed, we generally require a deposit, the amount of which is agreed individually. Payment shall be deemed to have been made on the day on which we can freely dispose of the invoice amount. Unless expressly agreed otherwise, invoices are due for payment without deduction within 30 days of the invoice date. In the case of SEPA direct debit, the invoice amount shall be debited from the customer’s account ten days after the invoice date. (4) You are only entitled to set-off if your counterclaim is undisputed, recognised by us or has been legally established. You are only entitled to exercise a right of retention if your counterclaim is based on the same contractual relationship.

§ 4 Retention of Title

The delivered goods remain our property until the purchase price has been paid in full. If you have ordered as a legal entity under public law, a special fund under public law or a merchant, the goods shall remain our property until you have settled all claims – irrespective of the legal grounds – arising from the current business relationship with us.

§ 5 Rights in case of defects

(1) The statutory provisions apply to claims in the event of defects. In addition, we give a 10-year guarantee on fractures in the suspension and frame. If you have ordered from us as an entrepreneur, §§ 377 et seq. of the German Commercial Code (HGB) shall apply in addition to the provisions of the German Civil Code. HGB (GERMAN COMMERCIAL CODE). (2) If you have ordered as an entrepreneur, the limitation period for claims for defects is one year.

§ 6 Obligation to give notice of transport damage

If goods are delivered with obvious damage to the packaging or contents, please complain immediately to the carrier/freight service and contact us immediately by e-mail or other means (fax/mail) so that we can safeguard any rights against the carrier/freight service. If you have ordered as a consumer, failure to make this complaint will not affect your statutory claims for defects. If you have ordered as a merchant, §§ 377 ff. HGB (GERMAN COMMERCIAL CODE).

§ 7 Limitations of Liability

(1) We shall be liable without limitation insofar as the cause of the damage is based on intent or gross negligence. We shall also be liable for the slightly negligent breach of essential contractual obligations (obligations the fulfilment of which is a prerequisite for the proper performance of the contract and the observance of which Sieregelmäßig may rely on), but in each case only for the foreseeable damage typical for the contract. We shall not be liable for the slightly negligent breach of obligations other than the aforementioned. (2) The liability limitations of the preceding paragraph shall not apply in the event of injury to life, limb and health, for a defect following the assumption of a guarantee for the quality of the product and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected. (3) If our liability is excluded or limited, this shall also apply to the personal liability of our employees, representatives and vicarious agents.

§ 8 Reservation of right of modification

Series-produced goods are sold according to sample or illustration. We reserve the right to make customary and reasonable deviations in the colour and grain of wooden surfaces. Likewise, we reserve the right to make customary and reasonable deviations in textiles with regard to minor deviations from fabric samples, in particular in the colour shade. We also reserve the right to deviations in dimensional data that are customary in the trade and reasonable for you.

§ 9 Data Protection

(1) We collect, store and process your data provided on the order form for the purpose of justifying, processing and carrying out your order. Your name and address data will be passed on to the parcel delivery service or carrier commissioned by us to deliver your goods for the purpose of delivering the ordered goods. (2) According to the EU Basic Data Protection Regulation and the Federal Data Protection Act, you have, among other things, the right to free information about your stored data as well as the right to correct, block or delete your data. Please contact us in these matters at Fennobed GmbH, Hanauer Landstraße 161-173, 60314 Frankfurt am Main, e-mail: (3) Detailed information on the processing of your personal data by us and your rights can be found in our data protection information and can be accessed at any time in the data protection declaration on our website atärung.

§ 10 Final Provisions

(1) The law of the Federal Republic of Germany shall apply to our business relationship. In relation to consumers, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which you have your habitual residence. The application of UN sales law is excluded. (2) The place of jurisdiction is Frankfurt / Main, insofar as you are a merchant or a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or your place of residence or habitual abode is unknown at the time the action is brought. (3) We do not participate in an alternative dispute resolution through a consumer arbitration board. (4) Should any provision in these terms and conditions be invalid, this shall not affect the validity of the remaining provisions. As of: December 2018