Terms of service
Terms and Conditions
General Terms and Conditions
Campus Affairs GmbH expressly reserves the right, in accordance with Art. 6 (1) letter k and Art. 16 letter e of Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011, to have the conditions of the dispute examined.
General Sales Conditions
Scope
These terms and conditions apply to all purchases from Campus Affair GmbH (Derma Sleep - a brand of Campus Affair GmbH) [Imprint].
All deliveries and services by Campus Affair GmbH (Derma Sleep - a brand of Campus Affair GmbH) are made exclusively on the basis of the following General Terms and Conditions in their valid version at the time of ordering. Unless expressly agreed otherwise in writing, deviating terms and conditions shall not apply.
Entrepreneurs within the meaning of these terms and conditions are natural or legal persons or legal partnerships that act in the exercise of their commercial or independent professional activity when concluding a contract with us.
Consumers within the meaning of these terms and conditions are natural persons who conclude contracts for purposes that cannot be attributed to their commercial or professional activity.
Customers within the meaning of these terms and conditions are both consumers and entrepreneurs.
Business customers are requested to contact Campus Affair GmbH (Derma Sleep - a brand of Campus Affair GmbH) for orders.
Conclusion of Contract
The presentation of our goods and the provision of the opportunity to order do not constitute a specific offer to conclude a purchase contract on our part.
By placing your order, you make a binding offer, and the purchase contract is concluded upon dispatch of the order confirmation by Campus Affair GmbH (Derma Sleep - a brand of Campus Affair GmbH).
You will receive an order confirmation by email to the email address you provided.
Prices and Shipping Costs
The prices indicated are final prices including VAT. The amount stated at the time of the binding order applies. In addition, shipping costs apply, which depend on the shipping method, size, and weight of the goods you ordered. You can find out more about the details under ["Shipping & Returns"]. You bear the direct costs of returning the goods. We bear the regular costs of return, which arise in the event of a return of the goods by you exercising your right of withdrawal ["Right of Withdrawal"]. If you exercise your right of withdrawal, we will also refund you the shipping costs.
Payment
Payment is made upon delivery by:
- Paypal
- Visa
- Mastercard
- Amex
- Maestro
- Klarna
- Apple Pay
- Google Pay / GPay
Default of Payment
If you are in default of payment, Campus Affair GmbH (Derma Sleep - a brand of Campus Affair GmbH) is entitled to demand default interest at a rate of 5 percentage points above the base rate announced by the Deutsche Bundesbank at the time of the order. If Campus Affair GmbH (Derma Sleep - a brand of Campus Affair GmbH) can prove that a higher default damage has occurred, Campus Affair GmbH (Derma Sleep - a brand of Campus Affair GmbH) is entitled to assert this.
Right of Retention
The customer is only entitled to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.
Delivery
(1) Delivery is made to the delivery address specified by the customer, within Europe.
(2) If force majeure (natural disasters, war, civil war, terrorist attack) permanently renders delivery or any other service impossible, Campus Affair GmbH (Derma Sleep - a brand of Campus Affair GmbH) is exempt from the obligation to perform. Amounts already paid will be refunded promptly by Campus Affair GmbH (Derma Sleep - a brand of Campus Affair GmbH).
(3) Campus Affair GmbH (Derma Sleep - a brand of Campus Affair GmbH) may also refuse to perform to the extent that this would require an effort that is in gross disproportion to the customer's interest in the performance of the purchase contract, taking into account the content of the purchase contract and the principles of good faith. Amounts already paid will be refunded promptly by Campus Affair GmbH (Derma Sleep - a brand of Campus Affair GmbH).
(4) Bulky goods (packages with a volume larger than 1 sqm) are usually delivered by freight forwarder. Campus Affair GmbH (Derma Sleep - a brand of Campus Affair GmbH) expressly points out that this goods will not be carried into the house.
Favorable Shipping Method for Returns
(1) Please use the original packaging for returning the goods and accessories if possible, even if it should be damaged by an opening for functional testing. Our shipping bags have a second unused adhesive strip provided for this purpose.
(2) Please use the return label received via email, fully prepaid and addressed, for returns whenever possible. This is the simplest and most cost-effective shipping method. It does not obligate you to use this return procedure. However, if you choose an unnecessarily expensive shipping method, you may be obliged to pay the increased costs compared to a favorable shipping method.
A current return label will be sent to the customer by email upon request.
(3) The customer should choose the most favorable shipping method for returns.
Retention of Title
Until full payment of all claims against the customer arising from the purchase contract, the delivered goods remain the property of Campus Affair GmbH (Derma Sleep - a brand of Campus Affair GmbH). As long as this retention of title exists, the customer may neither resell the goods nor dispose of them; in particular, the customer may not grant third parties contractual use of the goods.
Warranty Rights
(1) A product that is defective upon delivery (warranty case) will be replaced by Campus Affair GmbH (Derma Sleep - a brand of Campus Affair GmbH) at the customer's choice and at the expense of Campus Affair GmbH (Derma Sleep - a brand of Campus Affair GmbH) with a defect-free product or professionally repaired (subsequent performance). The customer is advised that there is no warranty case if the product had the agreed quality at the time of the transfer of risk. In particular, there is no warranty case in the following cases:
a) for damages caused by misuse or improper use by the customer (especially disregard of care instructions or non-use of the supplied laundry bag), b) for damages caused by exposing the products to harmful external influences (especially extreme temperatures, moisture, extraordinary physical or electrical stress, voltage fluctuations, lightning, static electricity, fire). (2) Campus Affair GmbH (Derma Sleep - a brand of Campus Affair GmbH) also does not provide any warranty for a defect caused by improper repair by a service partner not authorized by the manufacturer.
(3) If the type of subsequent performance desired by the customer (replacement delivery or repair) requires an effort that is in gross disproportion to the purchase price of the product, taking into account the content of the contract and the principles of good faith – 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 resorted to without significant disadvantages for the customer – the customer's claim is limited to the other type of subsequent performance. Campus Affair GmbH (Derma Sleep - a brand of Campus Affair GmbH)'s right to refuse this other type of subsequent performance under the aforementioned conditions remains unaffected.
(4) For both repair and replacement delivery, the customer is obliged to send the product to the return address specified by Campus Affair GmbH (Derma Sleep - a brand of Campus Affair GmbH) at the customer's expense, stating the order number. Before sending, the customer must remove any items inserted by him from the product. Campus Affair GmbH (Derma Sleep - a brand of Campus Affair GmbH) is not obliged to examine the product for the installation of such items. Campus Affair GmbH (Derma Sleep - a brand of Campus Affair GmbH) is not liable for the loss of such items unless it was readily apparent to Campus Affair GmbH (Derma Sleep - a brand of Campus Affair GmbH) upon the return of the product that such an item had been inserted into the product (in which case Campus Affair GmbH (Derma Sleep - a brand of Campus Affair GmbH) informs the customer and keeps the item ready for the customer to pick up; the customer bears the costs incurred in this process).
(5) If the customer returns the goods to receive a replacement product, the return of the defective product is subject to the following provisions: If the customer was able to use the goods without defects between delivery and return, the customer must reimburse the value of the benefits obtained by him. The customer is obliged to provide compensation for any loss or further deterioration of the goods not caused by the defect, as well as for any impossibility of returning the goods during the period between delivery and return. The customer is not obliged to provide compensation for any deterioration of the goods caused by their proper use. The obligation to provide compensation is waived for the return of a defective product in a warranty case if:
a) the defect justifying the withdrawal only became apparent during processing or remodeling, b) if Campus Affair GmbH (Derma Sleep - a brand of Campus Affair GmbH) is responsible for the deterioration or loss or if the damage would have occurred even if Campus Affair GmbH (Derma Sleep - a brand of Campus Affair GmbH) had delivered on time, c) if the deterioration or loss occurred at the customer's premises despite the customer exercising the care customary in his own affairs. (6) The customer's liability for damages in the event of a breach of the obligation to return is governed by the statutory provisions.
(7) The customer may, at his discretion, withdraw from the contract or reduce the purchase price if repair or replacement delivery has not led to a contractual condition of the product within a reasonable period of time.
(8) In addition, claims against the manufacturer may exist within the framework of a warranty granted by the manufacturer, which are governed by the corresponding warranty conditions.
(9) Campus Affair GmbH (Derma Sleep - a brand of Campus Affair GmbH)'s statutory warranty ends two years from the delivery of the goods. The period begins with the receipt of the goods.
Liability
(1) In the case of slight negligence, Campus Affair GmbH (Derma Sleep - a brand of Campus Affair GmbH) is only liable for the breach of essential contractual obligations and is limited to foreseeable damages. This limitation does not apply in the event of injury to life, body, or health. Campus Affair GmbH (Derma Sleep - a brand of Campus Affair GmbH) is not liable for other damages caused by a defect of the purchased item resulting from slight negligence.
(2) Regardless of any fault of Campus Affair GmbH (Derma Sleep - a brand of Campus Affair GmbH), liability of Campus Affair GmbH (Derma Sleep - a brand of Campus Affair GmbH) for fraudulent concealment of the defect or from assuming a guarantee remains unaffected. The manufacturer's warranty is a warranty of the manufacturer and does not constitute an assumption of warranty by Campus Affair GmbH (Derma Sleep - a brand of Campus Affair GmbH).
(3) Campus Affair GmbH (Derma Sleep - a brand of Campus Affair GmbH) is also responsible for the accidental impossibility of delivery occurring during its delay, unless the damage would have occurred even with timely delivery.
(4) Personal liability of the legal representatives, vicarious agents, and employees of Campus Affair GmbH (Derma Sleep - a brand of Campus Affair GmbH) for damages caused by them through slight negligence is excluded.
Applicable Law
The contract concluded between you and Campus Affair GmbH (Derma Sleep - a brand of Campus Affair GmbH) is governed exclusively by the law of the Federal Republic of Germany, expressly excluding the UN Sales Convention. The mandatory provisions of the state in which you have your habitual residence remain unaffected.
Jurisdiction
If, contrary to your information when ordering, you do not have a domicile in the Federal Republic of Germany or if you move your domicile abroad after conclusion of the contract or if your domicile is not known at the time the action is brought, the place of jurisdiction for all disputes arising from and in connection with the contractual relationship shall be Bremen, Germany.
Dispute Resolution
General information obligations for alternative dispute resolution according to Art. 14 (1) ODR Regulation and § 36 VSBG (Consumer Dispute Resolution Act):
The European Commission provides a platform for online dispute resolution (ODR), which you can find at this address: http://ec.europa.eu/consumers/odr/. We are not obliged and not willing to participate in a dispute resolution procedure before a consumer arbitration board.
Final Provisions
Should individual provisions of this contract be or become wholly or partially invalid or void, this shall not affect the validity of the contract as a whole, provided that one party to the contract is not unduly disadvantaged thereby.