Terms & Conditions
General terms and conditions of business
Terms of contract within the framework of sales contracts concluded via the platform https://www.studio-cuze.com
asensu UG (haftungsbeschränkt)
Registered in the commercial register of the local court of Charlottenburg: HRB 216738 B
Represented by: Robin Neumann, Filius Wolf
VAT identification number: DE332091455
– hereinafter referred to as “Provider” – –
the users of this platform designated in § 2 of these General Terms and Conditions – hereinafter referred to as “Customer/Customers” – are concluded.
1 Scope of application
For the business relationship between the provider and the customer, the following General Terms and Conditions of Business apply exclusively in the version valid at the time of the order. Deviating conditions of the customer are not recognized, unless the provider expressly agrees to their validity in writing.
2 Conclusion of contract
(1) The customer can select purchase products from the provider’s product range and collect them in a so-called shopping cart by clicking on the button “add to cart”. By clicking on the button “BUY NOW” he submits a binding request to purchase the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time.
(2) The Supplier will then send the Customer an automatic confirmation of receipt with the subject “Confirmation of your order with Studio Cúze” by e-mail, which will again list the Customer’s order and which the Customer can print out by using the “Print” function. The customer’s order represents the offer to conclude a contract with the respective contents of the shopping basket.
(3) The following separately sent order confirmation represents the acceptance of the offer by the supplier. In this, the content of the order is summarized (consisting of order, terms and conditions, order confirmation and cancellation policy) and sent to the customer by us on a permanent data carrier (e-mail). The text of the contract will be stored in compliance with data protection.
(4) The contract is concluded in the languages German or English.
(5 ) The delivery area is Germany, Europe, North America, South America
3 Cancellation policy + cancellation form
(1) Consumers are entitled to a right of revocation according to the following provision, whereby a consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor his self-employed professional activity:
(2) Right of withdrawal: You have the right to withdraw from this contract within fourteen days without giving reasons. The withdrawal period is fourteen days from the day on which you or a third party designated by you, other than the carrier, took possession of the last goods
have or has. In order to exercise your right of withdrawal, you must inform us (, Germany, Tel.:, E-Mail: email@example.com) by means of a clear statement (e.g. a letter, fax or e-mail sent by post) of your decision to withdraw from this contract. You can use the attached sample revocation form, which is not mandatory. In order to comply with the revocation period, it is sufficient to send the notification of the exercise of the right of revocation before the end of the revocation period.
(3) Consequences of revocation: If you revoke this contract, we shall reimburse you for all payments which we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we receive notification of your revocation of this contract. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you, and in no event will you be charged for this refund. We may refuse to refund until we have received the goods back 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 without delay and in any case within fourteen days at the latest from the day on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the end of the fourteen-day period.
We shall bear the costs of returning such goods which, due to their nature, can normally be returned to us by post. You shall bear the direct costs of returning such goods which, due to their nature, cannot be returned to us normally by post (forwarding agent’s goods), which are estimated at a maximum of about 99 euros for each such goods.
You shall only be liable for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary for the purpose of checking their nature, properties and functioning.
(4) General information
1) Please avoid damage and contamination of the goods. Please return the goods to us in original packaging with all accessories and with all packaging components. If necessary, use a protective outer packaging. If you no longer have the original packaging, please use suitable packaging to ensure sufficient protection against transport damage.
2) Please do not send the goods back to us freight collect.
3) Please note that the aforementioned numbers 1-2 are not a prerequisite for the effective exercise of the right of withdrawal.
(5) Form for withdrawal
If you want to cancel the contract, please fill out this form and
send it back.
I/we (*) hereby revoke the contract concluded by me/us (*) for the
Purchase of the following goods (*)/provision of the following service (*)
Ordered on (*) ____________ / received on (*) ____________________________
Name of the consumer(s)
4 Cancellation policy for payment by instalments
(1) Consumers who have agreed to the payment of the purchase price within the framework of a payment by instalments transaction shall be entitled to a right of revocation in accordance with the following provisions, whereby a consumer is any natural person who concludes a legal transaction for purposes which cannot be predominantly attributed to his commercial or self-employed professional activity:
(2) Right of revocation: The instalment buyer may revoke his declaration of contract within 14 days without giving reasons. The period shall begin after the conclusion of the instalment payment contract, but only after the instalment buyer or a third party designated by the instalment buyer who is not the carrier has taken possession of the goods and not before the instalment buyer has received all the compulsory information pursuant to Section 492(2) of the German Civil Code (e.g. information on the type of loan, information on the net loan amount, information on the duration of the contract). The instalment buyer has received all mandatory information if it is contained in the copy of the contractual document intended for the instalment buyer or in a copy of his application or of the contractual document intended for the instalment buyer and if such a document has been made available to the instalment buyer. The instalment buyer can be informed subsequently on a permanent data carrier of any mandatory information not included in the contract text; the withdrawal period is then one month. The instalment buyer must be informed again of the start of the revocation period with the mandatory information that has been provided. The timely dispatch of the revocation suffices to comply with the revocation period if the declaration is made on a durable data carrier (e.g. letter, fax, e-mail). Please send your revocation with the form listed under §3 (5) to
, Tel.:, e-mail: firstname.lastname@example.org
(3) Consequences of revocation: If the instalment buyer revokes this instalment credit agreement, the instalment seller shall repay all payments received from the instalment buyer, including delivery costs (with the exception of additional costs resulting from the instalment buyer having chosen a different method of delivery from the cheapest standard delivery offered), without delay and at the latest within fourteen days from the day on which the instalment seller received the notification of revocation of the instalment credit agreement. For this repayment, the instalment seller shall use the same means of payment that the instalment buyer used in the original transaction, unless expressly agreed otherwise with the instalment buyer; in no case shall the instalment buyer be charged for this repayment. The instalment seller may refuse to refund until the goods have been returned to him or until the instalment buyer has provided proof that he has returned the goods, whichever is the earlier.
The instalment buyer shall return or hand over the goods to the instalment seller without delay and in any case within fourteen days at the latest from the date on which he has informed the instalment seller of the withdrawal from this contract. The time limit shall be deemed to have been observed if the instalment buyer dispatches the goods before the expiry of the fourteen-day period. The instalment buyer shall bear the direct costs of returning the goods. The instalment buyer shall be liable for any loss of value of the goods only if such loss of value is due to handling of the goods which is not necessary for the purpose of examining their condition, properties and functioning.
5 Delivery, shipping conditions, availability of goods
(1) Delivery times stated by us are calculated from the date of our order confirmation (§ 2 (3) of these General Terms and Conditions).
(2) The offer shall specify the average delivery time. This amounts to 3-5 working days for articles to be sent normally by post and 7-10 working days for large articles with forwarding agency delivery. The delivery takes place by parcel post. Items with an edge length of >120cm or more and an outer packaging size of 120x60x60cm are generally sent by a forwarding agent.
(3) Shipping is generally free of charge in Germany for all articles sold by . The following postcodes of the German islands are exceptions to this rule:
Hiddensee: 18565, North Frisian Islands: 25849, 25859, 25863, 25869, 25938, 25946, 25980, 25992, 25996-25999, East Frisian Islands: 26465, 26474, 26486, 26548, 26571, 26579, 26757, Helgoland: 27498, Neuwerk: 27499, Chiemsee: 83256
If the delivery is to be made to one of these excluded regions, a contract can only be concluded by means of an individual offer. Please contact our customer service, who will be happy to assist you.
(4) If the product designated by the customer in the order is only temporarily unavailable, the supplier shall also inform the customer of this immediately. In the event of a delivery delay of more than two weeks, the customer has the right to withdraw from the contract. In this case, the provider is also entitled to withdraw from the contract. In doing so, he will immediately refund any payments already made by the customer.
(5) The following delivery restrictions apply: The supplier delivers goods which are only available by a forwarding agent only to customers who have their habitual residence (billing address) in one of the following countries and can provide a delivery address in the same country: Germany. There are no delivery restrictions for items that can be sent normally by post. In this case, customers with a habitual residence outside Germany must select the shipping class “international shipment”.
6 Terms of payment
(1) The customer can pay for purchased items by SEPA direct debit, credit card, PayPal, Santander installment credit, Santander invoice purchase, Santander installment purchase, immediate bank transfer and prepayment. asensu UG and the payment method partners reserve the right to exclude certain payment methods in individual cases. For the payment methods installment purchase and purchase on account, the additional conditions specified in (3) and (4) of this section apply.
(2) The payment of the purchase price for purchased items is due immediately upon conclusion of the contract. If the due date of payment is determined by the calendar, the customer is already in default by missing the deadline.
(3) Supplementary conditions for instalment purchases
(as of 28.08.2018)
Scope and general information
1.1 The following Supplementary Terms and Conditions shall apply to contracts concluded between us and our customers where the payment method instalment purchase is used. In case of conflict, these supplementary conditions shall take precedence over any other general terms and conditions.
1.2 An installment purchase is only possible for customers who are consumers according to § 13 BGB and have reached the age of 18.
Invoice/purchase by instalment
With instalment buying, you decide to pay the purchase price in monthly amounts over a fixed term (instalment purchase), whereby the first monthly amount or the last monthly amount may differ from the other amounts.
Maturities Instalment purchase, maturity of monthly payments
Regarding the term of your installment purchase, you can choose between different terms. The first monthly payment is due 30 days after the invoice date; all further monthly payments are due on the corresponding calendar day of the following month (example: invoice date 08.04.2017, 1st installment payment 08.05.2017, subsequent payments on the 8th of the following month).
Assignment of claims, responsibility for customer enquiries and warranty
4.1 We hereby inform you that the claims against you arising from the instalment purchase are assigned to Santander. Payments can be made exclusively to Santander with debt discharging effect.
4.2 The assignment does not change the responsibility for general customer enquiries (e.g. concerning goods, scope of services, delivery time or dispatch), returns, complaints or the handling of warranty claims; this responsibility remains with us as your contractual partner.
Credit assessment, alternative payment methods
5.1 The payment method installment purchase can only be offered after prior verification of your creditworthiness.
5.2 If the use of instalment purchase is not possible due to insufficient creditworthiness or for other reasons, we offer you an alternative payment option. You are free to conclude the contract using the alternative payment method offered or to cancel the order process.
Warning: consequences of non-payment
6.1 If you do not meet your payment obligation or do not meet it in full within the payment period, you will be in default without further reminder. We would like to point out that in case of delay you are obliged to compensate for the damage caused by the delay. The damage caused by delay may include in particular costs for reminders and costs for appropriate legal prosecution (e.g. lawyers’ fees).
6.2 A fee of EUR 1.20 may be charged for each reminder. You are allowed to prove that no damage at all or not in this amount has occurred. 6.3 Incoming payments will be credited to the oldest debt, provided that you have several claims against the same person. 6.4 Payment by instalments contracts may be terminated in the event of default of payment under the following conditions:
– You are in default with at least two consecutive instalments, in whole or in part, and with at least 10 percent of the nominal amount of the loan, and
– They were unsuccessfully given a two-week deadline for payment of the amount in arrears, with the statement that if they did not pay within the deadline, the entire balance would be demanded.
6.5 The claims against you arising from the instalment purchase can be assigned to third parties at any time, in particular to collection companies for the purpose of collecting amounts in arrears.
Information on the right of revocation for instalment purchase contracts
Consumers have a legal right of revocation when concluding installment payment transactions (installment purchase contracts), about which we inform under §4 Revocation instructions for installment payment transactions.
(4) Supplementary conditions for purchase on account
(as of 28.08.2018)
Scope and general information
1.1 The following Supplementary Terms and Conditions shall apply to contracts concluded between us and our customers where the payment method invoice purchase (= purchase on account) is used. In case of conflict, these supplementary conditions shall take precedence over any other general terms and conditions.
1.2 A purchase on account is only possible for customers who are consumers according to § 13 BGB and have reached the age of 18.
Purchase on account
With the purchase on account we offer you a particularly secure and simple payment method, which enables you to pay the purchase price only after receipt of the goods without having to disclose your account details. You always have at least 30 days from the invoice date to pay your bill. Your payment is due at the earliest upon receipt of the goods.
Assignment of claims, responsibility for customer enquiries and warranty
3.1 We would like to inform you that the claims against you arising from the purchase on account are assigned to Santander. Payments can be made exclusively to Santander with debt discharging effect.
3.2 The assignment does not change the responsibility for general customer enquiries (e.g. concerning goods, scope of services, delivery time or dispatch), returns, complaints or the handling of warranty claims; this responsibility remains with us as your contractual partner.
Credit assessment, alternative payment methods
4.1 The payment method purchase on account can only be offered after prior verification of your creditworthiness.
4.2 If the use of purchase on account is not possible due to insufficient creditworthiness or for other reasons, we offer you an alternative payment option. You are free to conclude the contract using the alternative payment method offered or to cancel the order process.
Warning: consequences of non-payment/assignment
5.1 If you do not or not completely meet your payment obligation within the payment period, you will be in default without further reminder. We would like to point out that in case of delay you are obliged to compensate for the damage caused by the delay. The damage caused by delay may include in particular costs for reminders and costs for appropriate legal prosecution (e.g. lawyers’ fees).
5.2 A fee of EUR 1.20 may be charged for each reminder. You are allowed to prove that no damage at all or not in this amount has occurred.
5.3 The claims against you arising from the purchase on account may be assigned to third parties at any time, in particular to collection companies for the purpose of collecting amounts in arrears.
7 Contract content and contract period of the Hygiene Package (“Hygiene subscriptions”)
(1) The purchase of the additional service package “Hygiene Package” includes the free delivery of the purchased mattress to the customer, the unpacking and assembly of the mattress directly on site, as well as the disposal of any old mattress and packaging materials.
In addition, the customer is sent an additional, new replacement cover to change the cover when the mattress purchased in combination with the Hygiene Package is delivered to the customer. After 12 months he will receive a pre-franked return label to return the upper and lower layers (contact surfaces) of one of the covers, as well as a return carton. This is repeated after 24 months, 36 months, 48 months and 60 months after delivery of the mattress purchased in combination with the hygiene package to the customer, whereby during these periods the customer does not receive a new mattress, but rather his previously sent in and cleaned by CUMO upper and lower replacement layers (contact surfaces).
The upper and lower layers to be cleaned are to be sent by the customer to the provider, who provides a free shipping bag for this purpose. The layers to be cleaned must be sent to the supplier for cleaning within 14 days after receipt of the return carton.
(2) The contract period begins with the delivery of the mattress purchased in combination with the Hygiene Package to the customer. The contract runs for 72 months.
(3) The contract period is only extended by express written agreement between the provider and the customer. Tacit extension of the contract period is expressly excluded.
8 Prices and shipping costs
(1) All prices, which are indicated on the website of the provider (www.dealbird.de), are inclusive of the respectively valid legal sales tax.
(2) The customer shall bear the shipping costs within the scope of the contractual relationship insofar as this is agreed.
(3) In the event of a revocation, the customer shall bear the direct costs of the return shipment.
9 Warranty for material defects
The provider is liable for material defects in accordance with the applicable statutory provisions. Towards entrepreneurs, the warranty period for items delivered by the provider is 12 months.
Section 10 Liability
(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages of the customer from the injury of life, body, health or from the injury of essential contractual obligations (cardinal obligations) as well as the liability for other damages, which are based on an intentional or grossly negligent breach of duty of the provider, his legal representatives or vicarious agents. Material contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.
(2) In the event of a breach of material contractual obligations, the Provider shall only be liable for the foreseeable damage typical for the contract if this was caused by simple negligence, unless the Customer’s claims for damages are based on injury to life, body or health.
(3) The restrictions of paragraphs 1 and 2 also apply in favour of the legal representatives and vicarious agents of the provider if claims are made directly against them.
(4) The regulations of the product liability law remain unaffected.
11 Notes on data processing
(1) The provider collects data of the customer in the context of the processing of contracts. In doing so, he observes the regulations of the Federal Data Protection Act and the Telemedia Act in particular. Without the customer’s consent, the provider will only collect, process or use the customer’s inventory and usage data to the extent that this is necessary for the execution of the contractual relationship and for the use and billing of telemedia.
(2) Without the consent of the customer, the provider will not use the customer’s data for advertising, market or opinion research purposes.
(3) asensu UG shall transmit personal data collected within the scope of this contractual relationship to CRIF Bürgel GmbH, Radlkoferstraße 2, 81373 Munich, Germany, for the purpose of application, implementation and termination of this business relationship as well as data on non-contractual conduct or fraudulent conduct.
The legal basis for these transfers is Articles 6(1)(b) and 6(1)(f) of the Basic Regulation on data protection. Transmissions on the basis of Article 6 paragraph 1 letter f DSGVO may only take place to the extent that this is necessary to protect the legitimate interests of CUMO GmbH or third parties and does not outweigh the interests or fundamental rights and freedoms of the person concerned, which require the protection of personal data. The data exchange with CRIF Bürgel GmbH also serves the fulfilment of legal obligations to carry out credit checks on customers (§ 505a and 506 of the German Civil Code).
CRIF Bürgel GmbH processes the data received and also uses it for the purpose of profile formation (scoring), in order to provide its contractual partners in the European Economic Area and in Switzerland as well as, if applicable, other third countries (provided that an adequacy decision of the European Commission exists for them) with information, among other things, to assess the creditworthiness of natural persons. More detailed information on the activities of CRIF Bürgel GmbH can be found in the CRIF Bürgel information sheet or online at www.crifbuergel.de/de/datenschutz
12 Final provisions
(1) The law of the Federal Republic of Germany shall apply to contracts between the provider and the customers to the exclusion of the UN Convention on Contracts for the International Sale of Goods and international private law.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the location of the provider.
(3) The contract remains binding in its remaining parts even if individual points are legally ineffective. Instead of the ineffective points, the legal regulations, if any, shall apply. However, if this would represent an unreasonable hardship for one of the contracting parties, the contract as a whole shall become invalid.