Terms & Conditions

The 8 Luxury Bed Co. Terms & Conditions

I    General

 A) Terms of the Website

The 8 Luxury Bed Co. GmbH, located on Schoenhauser Allee 8, 10119 Berlin, Germany, registered with the local court of Charlottenburg, under number HRB 166949B (“Luxury Eight”, “we”, “us”) owns and operates this webpage (“www.luxuryeight.com”) (the “Website”).  This document governs your relationship with this Website. All deliveries, services and offers available through this Website are subject to the following terms, conditions and notices (the “Terms of Service“). By using this Webpage, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. We will inform you in text form (e.g. via a notice in your Account or via email to the address provided when purchasing with us) of changes to these Terms of Service and those shall be deemed accepted by you if you do not reject them within four (4) weeks after receipt of our notice. In addition, you should check this page regularly to take notice of any changes we may have made to these Terms of Service.

These Terms of Service are part of all contracts that shall govern the relationship between us and visitors to this Webpage (“User”, “Customer”, “you”) in relation with the services (“Services”), bed linen and other products available (the “Products”) through the Website.

Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services and/or Products without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.

This Website may contain links to other websites (the “Linked Sites”), which are not operated by www.luxuryeight.com and www.luxuryeight.com has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.

B) Re(de)gistration and Contact

You can create an account on the Website (“Account”) and register as a client (“Client”). Registration as a Client can speed up the process of purchasing Products, however, you can purchase Products in the Website as a registered Client or through [checkout without account button. Registration is free and can be cancelled at any time. You certify that the information you provide on the Website upon registration as a Client or for a single purchase is accurate and complete.  If you registered as a Client, you will be responsible for the confidentiality of your password and for all statements made and acts or omissions that occur on your account.  If you believe someone has used your password or Account without your authorization, you must notify us immediately. Any and all operations carried on through your Account with your password shall be your responsibility and you will be liable for any damaged cause by any inappropriate use. If you do not registered as a Client but purchase Products through [checkout without account button you will also be liable for any damaged cause by any inappropriate use.

We may restrict or terminated your Account for any reason, at our sole discretion. We may also change, restrict access to, suspend, or discontinue the use of this Website and/or your Account, at any time without notice.

You can cancel your registration as a Client by clicking in the “Delete My Account” button in “My Account” through shop.luxuryeight.com or by informing us in writing to The 8 Luxury Bed Co. GmbH, Schoenhauser Allee 8, 10119 Berlin, Germany.

You may contact us at:

The 8 Luxury Bed Co. GmbH

Schoenhauser Allee 8

10119 Berlin, Germany

email: hello@luxuryeight.com

C) Privacy Policy

Our privacy policy, which sets out how we will use your information, can be found at http://shop.luxuryeight.com/privacy-policy/. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.

D) Prohibitions

You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Products; corrupt data; cause annoyance to other clients; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and we will report any such breach to the relevant law enforcement authorities and disclose your identity to them. You will be liable for any damage related to your misuse of this Website and your Account and you shall indemnify us in case a third party claims for any derived damage.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

II     Our Services and Products

A) Terms of Sale

You may purchase our Products by selecting one or more Products in our Website through clicking the “Add to Cart” button which adds the Product to a virtual shopping cart “My Cart”. Customer may place an order by clicking on the “Checkout” and “Place Order” in which case Customer is making an irrevocable binding offer to purchase the Products contained in “My Cart” (save for the right of revocation for Customers who are consumers under section II.B below). By placing an order you are offering to purchase a Product subject to availability and confirmation of the order price. At the same time you will be able to agree to these Terms of Service and our Privacy Policy. Dispatch times may vary according to availability (which is informed in the respective Product description) and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.

(1) Our Contract

When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. This acknowledgement email might include the information we receive from Paypal about the status of your payment as long as we have received such information from Paypal because in this case, we do not manage the payment information directly. If you have not chosen to prepay through Paypal, this acknowledgement email will include information details of our bank account (the “Bank Account”) and instructions on how to continue with prepayment. Please be aware that by transferring the purchase price, via Paypal or through our Bank Account, you are pre-paying the Products since no contract has been formed yet. If you are a Client, you will be able to also review this confirmation as well as your orders in your Account.

A contract between us will not be formed until we send you an email confirmation, within five (5) business days (Berlin) from the date we have received payment of the Products, with copy of your invoice and informing your that the Products which you ordered have been or will be dispatched to you (“Acceptance”). Only those Products listed in the Acceptance will be included in the contract formed.

(2) Pricing and Availability

Although we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any Product which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If you cancel and you have already pre-paid for the Products, you will receive a full refund. We also will inform you about availability and delivery period. If the ordered Product is no longer available, we will inform you of this as soon as possible and fully refund you (via the same channel as you used for payment) if the Product was already paid in advance. If the Product is only temporarily unavailable and delivery time will no longer be as shown in the Product description, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct delivery time or cancelling it. If you cancel and you have already paid for the Products, you will receive a full refund (via the same channel as you used for payment). In any event, if we are unable to contact you we will treat the order as cancelled and you will receive a full refund.

Our Products are carefully and lovely made in Poland and we deliver worldwide. Delivery times are shown in the Product description and shall apply to EU countries only. In any event, delivery times to EU countries will not be longer than four (4) weeks, unless expressly indicated otherwise or informed to you. Delivery times to non-EU countries will be stated in the Acceptance.

All prices of our Products shown in the Website are inclusive of applicable VAT. Delivery costs will be charged in addition and you shall bear the cost plus applicable tax. Such additional charges (when applicable) are clearly displayed in your Account and in the Acceptance and included in the “Total Cost”. If delivery is unsuccessful due to your actions (such as unavailability at delivery time), any delivery surcharge shall be born by the you.  For Customers located outside of EU countries, additional taxes, custom duties and shipping cost may apply depending on the location of the Customer and shall be borne by such Customer. We are not liable for any such additional costs applicable to non-EU Customers.

(3) Payment

Once you click on the “Checkout” you will be able to choose your payment method. If you choose [bank transfer] you will receive our Bank Account information in the acknowledgement email after you have placed your order. In this case, you shall prepaid for the Products in your order within five (5) business days (Berlin) from receipt of the acknowledgment email.

If you do not want to pay using a bank transfer to our Bank Account, you can also choose to prepay via Paypal, which is our external provider for payments. Once you click on “Place Order” you will be redirected to the Paypal secure webpage where you can continue with your payment. If you choose Paypal, we do not manage the payment process directly and do not collect payment.

Please be aware that you will be prepaying for the Products and such prepayment shall not constitute acceptance of your offer from our side. Once we have received your prepayment, we will inform you in the acknowledgement confirmation or in the Acceptance. The monies received after your prepayment via Paypal or bank transfer shall be treated as a deposit against the value of the Products your ordered. Once the goods have been dispatched and you have been sent a confirmation email the monies paid shall be considered as payment of the purchase price for the Products. You shall bear the burden of proof that a lower damage or no damage has occurred.

(4) Retention of Title

Until full payment of the Products and acceptance of the offer by us, title shall remain with Luxury Eight. Pledge, transfer, assignment, or any other title transfer or participation is not allowed prior to full purchase price payment and contract formation without our express consent.

B) Statutory Right of Withdrawal

(1) Right of Withdrawal

Customer who are consumers have the right to withdraw in accordance with applicable law, without giving any reason, within fourteen (14) days from the date you have taken possession of the Products directly or through a third person indicated by you other than the transporter of the Products. To exercise the right of withdrawal, you must inform us to The 8 Luxury Bed Co. GmbH, att. Agnieszka Sarnecka, Schoenhauser Allee 8, 10119 Berlin, Germany, or email: hello@luxuryeight.com of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.  Please be aware that Products which have been personalized shall not benefit from the right of withdrawal as per applicable law.

(2) Effects of Withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen (14) days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the Products back or you have supplied evidence of having sent back the Products, whichever is the earliest.

We hereby authorize you to, and you shall, send back the Products or hand them over to us through our authorized representative Joanna Hostynska at Sikorskiego 45c/89, 35-304 Rzeszów, Poland, without undue delay and in any event not later than fourteen (14) days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the Products before the period of 14 days has expired.

You will have to bear the direct cost of returning the Products if the purchase price does not exceed EUR 50 or, if higher, the purchase price has not been paid entirely. You are only liable for any diminished value of the Products resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Products.

Model Withdrawal Form (complete and return this form if preferred)

To The 8 Luxury Bed Co. GmbH, att. Agnieszka Sarnecka, Schoenhauser Allee 8, 10119 Berlin, Germany:

  • I/We(*) hereby give notice that I/We(*) withdraw from my/our(*) contract of sale of the following Products(*):
  • Ordered on(*)/received on(*)
  • Name of Customer
  • Address of Customer
  • Signature of Customer (only if paper form)
  • Date

(*) delete as appropriate

 

With return delivery to take place to:

Joanna Hostynska

Sikorskiego 45c/89,

35-304 Rzeszów

Poland

 

C) Limitation of Liability

We shall not be liable for any loss or damages suffered by you which arise out of the exercise or the attempted or purported exercise of, or the failure to exercise any of, the respective rights or obligations under these Terms of Service,

  • unless in cases of damages to life, body, or health, in cases of warranting for the condition of a product or service, and in cases of fraudulent concealment by us, our legal representatives, assistants in performance or agents; or
  • (in case of clients based in Germany) unless, if you are a consumer according to § 13 BGB (German Civil Code), such loss or damage is caused by gross negligence (grobe Fahrlässigkeit) or willful intent (Vorsatz) of us, our legal representatives, assistants in performance or agents; or
  • (in case of clients based in Germany) unless such loss or damage is caused by willful intent (Vorsatz) of us, our legal representatives, assistants in performance or agents; or
  • (in case of clients based in Germany) unless such loss or damage is caused by the grossly negligent infringement of a fundamental contractual duty by us, our legal representatives, assistants in performance or agents, which is indispensible for the duly execution of these Terms of Service and thereby jeopardizes the achievement of these Terms of Service purpose, and, if your are a business client according to § 14 BGB, such loss or damage is foreseeable at the time of the infringement; or
  • (in case of clients based in Germany) unless in cases of liability under the German Product Liability Act (Produkthaftungsgesetz).

The limitation and/or restriction of Luxury Eight’s liability shall also apply to the personal liability of its legal representatives, assistants in performance and agents.

D) IP Content, Use of Content

(1) Linking to this Website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

(2) Intellectual Property, Software and Content

The intellectual property rights in all software and content (including images) made available to you on this Website remains the property of Luxury Eight or its licensors. All such rights are reserved by Luxury Eight and its licensors. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise unless expressly allowed by us.

III Miscellaneous

A) Severability

If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected and all other clauses shall remain in full force and effect.

B) Clients Complaints

In case of complains please contact us to our customer service via email to hello@luxuryeight.com or in writing to The 8 Luxury Bed Co. GmbH, att. Agnieszka Sarnecka, Schoenhauser Allee 8, 10119 Berlin, Germany.

C) Governing Law and Jurisdiction

These Terms of Service shall be governed and construed in accordance with the laws of the Federal Republic of Germany (without giving effect to conflict of law principles and/or the United Nations Convention on Contracts for the International Sale of Goods). The exclusive place of jurisdiction in any and all actions and proceedings related to the subject matter of these Terms of Service shall be in the courts of the state of Berlin, Federal Republic of Germany, or any state court situated therein.

D) Entire Agreement

The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Luxury Eight.

 

Version: 07/2015