The conditions of use can be downloaded here.
On inquiry we even send them to our customers digitally or in written form.

§ 1 Applicability of General Terms and Conditions


(1) The general terms and conditions contain the rules for all customer contracts for the schlafgesund-shop (Kaphingst Online GmbH, Lahntal).

(2) The general terms and conditions are valid and up to date by the time of the contract conclusion.

(3) Differing terms and conditions proposed by the buyer are invalid and not accepted by Kaphingst Online GmbH unless otherwise expressly agreed (must be in written form).

(4) The present terms and conditions are also valid if Kaphingst Online GmbH undertakes unreserved deliveries even if Kaphingst Online GmbH is aware of conflicting and differing customer terms and conditions.

(5) The terms and conditions apply for customers as well as companies unless there is a differentiation in one of the clauses.



§ 2 Conclusion of the Contract

(1) Each customer order is a binding offer towards the closure of a purchase contract with Kaphingst Online GmbH. This offer can be accepted by Kaphingst Online GmbH through the acceptance of the order within three business days or it can be accepted by the delivery of the goods.

(2) The offer will be refused if there occur any irregularities in reference to customer data.

(3) Priorly made offers emitted by Kaphingst Online GmbH are without engagement.

(4) The confirmation email only confirms the receipt of the order, but is not accepted as a placed order.

(5) All of our products are only sold in small amounts regardless if one order contains large amounts of the same product or several single orders of the same product have been placed.



§ 3 Conditions of Payment

(1) The provided purchase price is binding. Sales tax is included in the purchase price and is shown seperately as 19 %.

(2) The full amount is due immediately after the receipt of goods and it must be paid without cash discount dedcuction if nothing else has been agreed.

(3) Deliveries outside of Germany can only take place if the customer pays via prepayment.

(4) Bank charges for foreign bank transfers which may occur are the responsibility of the customer.



§ 4 Shipping and Handling

(1) Kaphingst Online GmbH delivers within Germany, Austria and the Netherlands free of shipping costs if the value of the ordered goods is at least 50,00 €. Exempted are mattresses, beds and bed frames if the delivery goes to a forein country. For these deliveries we charge a shipping and handling fee of 50,00 Euros.

(2) We charge 5,00 Euro for shipping and handling if the value of the ordered goods is below 50,00 Euro.

(3) Additional costs for using the cash on delivery payment method amounts to 7,50 Euro.

(4) Delivering free of shipping costs is only available monday to friday within our business hours.

(5) Additional charges for the customer amounting to 15,00 Euro occur, if the customer wishes to receive the order on a Saturday.

(6) The customer has to pay for additional charges for island deliveries.

(7) Shipping and handling for all other countries, except the ones mentioned under (1), will be calculated by us and be shown separately in an E-Mail.

(8) We subtract 19 % german sales tax from the purchase price for deliveries to Switzerland. In addition to your purchase price there occurs an additional customs duty of 28,10 Euro. Customers from Switzerland also have to pay sales tax for Switzerland, which is currently 7,6 % as well as an additional charge of about 15,00 to 20,00 Euro.

§ 5 Delay of Payment, Offset, Withholding

(1) Legal regulations apply in case of delay of payment.

(2) There is no monetary letter for the delay of payment necessary, if the customer has not paid the invoice amount 30 days after the invoice was received. If the customer is also the consumer and there is a delay of payment, the customer has to pay interest amounting to 5% above the valid base lending rate of the European Central Bank. If the customer is also the trader, the customer has to pay interest amounting to 8% above the valid base lending rate of the European Central Bank.

(3) The customer has offset rights only if the counterclaim was ascertained legally or accepted in written form by Kaphingst Online GmbH.

(4) The trader only has a withholding right if the counterclaim is part of the same contract.



§ 6 Delivery of Goods, Delivery Date

(1) Kaphingst Online guarantees german customers an express-delivery within the mentioned delivery time.

(2) Deliveries to Austria and the Netherlands take place within one week after prepayment was received. Paypal payments will be shipped immediately they have a delivery time of one week as well. The delivery will be announced via telephone message.

(3) Delivery up to the first front door.

(4) If special delivery dates were base of the order and there occur strikes or any cases of force majeure there is an extension of time for the length of the delay. The same applies if the customer does not fulfill the obligation to co-operate.

(5) Default of delay and delivery expenses occur, if the acceptance of the delivery through the customer is not possible. An example is the customer is not at home, even if the delivery date was announced right on time.

(6) Kaphingst Online GmbH is allowed to step back from the contract, if there were two delivery dates arranged and the customer was not at home.

(7) Kaphingst Online GmbH is only responsible for usual reshipment costs and for no extra charges that might occur for additional demands, like saturday deliveries amounting to 15.00 €. The customer is responsible for additional charges and has to pay those on his own.



§ 7 Reservation of Proprietary Rights

Delivered goods stay property of Kaphingst Online GmbH until the full purchase price has been paid, independent from the end of countermand.



§ 8 Right of Withdrawal for Consumer / Exclusion of the countermand

The following right of withdrawal is according to the regulations of the distance Selling Act §§ 312 b ff. BGB only valid for consumer.

§ 13 BGB:

I. Cancellation Policy

(1) The customer has the right to countermand the contract within two weeks via letter, fax or e-mail, without any statment of reasons or by sending back the goods.

(2)The respite starts after the goods and the instruction were received.

(3) For the ensuring of the countermand the timely sending of the countermand or the goods is enough.

(4) Please send the countermand to:

Niederwettersche Str. 1
35094 Lahntal
Fax: 06423/543520
email: info@kaphingst-online.de

II. Cancellation Consequences

(1) In case of an effective countermand both parties have to refund work performed and, as the case may be, give back amenities like interest and so on.

(2) Free promotional merchandise must be returned as well.

(3) If the customer is unable to return the goods or only in a bad condition, then he has to pay for compensation. This is not valid for items, if the worsening can be lead back to the testing of the item, like it would have been possible in a store.

(4) To avoid a worsening of the goods, and with it the duty for compensation, it is recommended to not treat the item as property and to avoid everything to worsen the condition.

(5)If possible the customer needs to send back the package via mail. Receipts should be kept in case they are needed to transfer the money back to the bank account.

(6) To avoid transport damages we ask your customers to pack the goods properly and, if possible, to send it back in the original paperboard container.

(7) Non-shipable items will be picked up from the customers house.

(8) The customer has to pay for the reshipment of goods, if the goods are free of defects, different from the ordered goods, the purchase price is not higher than 40,00 Euro or if the item is of a higher price and the customer has not paid the full amount or an agreed part payment. Other than that the resphipment is free of charge for the customer.

(9) Payment refunds have to be made within 30 days. The time limit starts with the sending of the withdrawal or the goods and for us with the receipt of it.

(10) There is no right of withdrawal for products which were especially produced for personal customer needs.

(11) Software is also excluded, if the medium has been unsealed by the customer.

End of cancellation Policy



§ 10 Liability for defects, due diligence, obligation to give notice of defects.

(1) If not stated otherwise statutory provisions apply for defect items.

(2) The customer has to examine the goods upon arrival and ask the deliverer to receipt defects.

(3) In case of visible defects the customer has the right to deny the receipt of goods. If there are defects that are not visible on the first sight, the customer has the duty to contact Kaphingst Online GmbH within 5 days after the delivery took place.

(4) Obvious defects that occur have to be reported in written form, within two weeks after they occured. Warranty claims expire, if the customer does not report the defect within this time. This is not valid if the defect was fraudulently concealed or the condition of the item has been taken over.



§ 11 Liability for Damages

(1) The liability of Kaphingst Online GmbH for breach of duty and delicts is reduce to intention and gross negligence.

(2) This is not valid, if the life, body or health of the customer was affected. It has also no validity for requirements, which developed from cardinal obligations and replacement of damages caused by delays(§ 286 BGB). Insofar there is liability for every level of negligence.

(3) If the liability against Kaphingst Online GmbH is excluded or limited, this has also validity for the personal liability of employees, workers, members of staff, salesmen and assistants.

(4) Further customer claims, independent from the legal ground, are excluded. Kaphingst Online GmbH is not liable for damages other than the ones on delivered items. Kaphingst Online GmbH is also not liable for lost profits or other financial losses the customer might have.

(5) The duty of replacement for material damages is limited to typically caused damages, if Kaphingst Online GmbH is responsible for the breach of duty.

(6) Kettler fitness devices are meant for end consumers. There is no liability for a professional use within gyms and so on. Use at owner´s risk!



§ 12 Data Protection

(1) Every placed order will be transfered with a secure SSL-encoding to Kaphingst Online GmbH.

(2) Kaphingst Online GmbH only collects data, which is needed for the fulfillment of the order and the settlement of the contract.

(3) The provided data will only be used for reasons the customer agreed with.

(4) Kaphingst Online GmbH commits to protect the privacy of all customers and to treat their personal data secretly. Kaphingst Online GmbH follows the guidelines of the Federal Data Protection Act and the Communication Law. Cookies are not used.

(5) To reduce the risk of non-payment Kaphingst Online GmbH gathers information about the customer´s economic situation.



§ 13 Applicable Law

(1) The law of the federal republic of Germany has validation to the exclusion of the UN sales law.

(2) § 29 EGBGB stays untouched due to special consumer protection regulations of the customer´s home country.



§ 14 Final Clause

(1) In case some of the regulations are invalid or become invalid due to a change in law, all other regulations stay untouched hereof.

(2) Invalid regulations will be replaced with law regulations.

Last update of the General Terms and Conditions 04/2008

Schlafgesund-Shop is an Online-Shop of the company Kaphingst Online GmbH Niederwettersche Str.1 35094 Lahntal

Place of Business: Marburg Court: Local Court Marburg HRB 4880 Director: Dipl.-Kfm. Boris Pichler