Terms and Conditions

§ 1. General – scope

– Our terms of sale apply exclusively. We do not recognise any terms of the customer which conflict with or deviate from our terms of sale unless we have expressly agreed to their validity in writing. Our terms of sale also apply where we carry out delivery to the customer without reservation in the knowledge of terms of the customer which conflict with or deviate from our terms of sale.

– The subject matter of this contract follows from the purchase contract concluded between the parties and from these General Terms and Conditions.

– All agreements made between us and the customer for the purpose of performing this contract are set down in writing in the purchase contract concluded between the parties and in these General Terms and Conditions.

§ 2. Contracting party

Your contracting party is: HGC Cocoon GmbH, Benrather Str. 11, 40212 Düsseldorf Hotline: 0800 5367540 E-mail: info@hgc24.com Represented by the managing director: Vaia Jakobs

Registered in the commercial register of the Local Court (Amtsgericht) Düsseldorf under registration number HRB 65789

VAT identification no.: DE278511947

§ 3. Offer, acceptance

– HGC Cocoon GmbH offers various products, in particular beds, for sale in its stores. These offers are addressed to commercial and non-commercial users of our stores.

– By listing the products and presenting them on our website we do not make a legally binding offer to conclude a contract in respect of these items.

§ 4. Right of withdrawal for consumers

A statutory right of withdrawal generally exists only for orders placed by distance selling, that is to say in distance trade using means of distance communication such as the telephone, the internet or a catalogue order form. There is therefore no statutory right of withdrawal for purchase contracts concluded on site in one of our stores.

§ 5. Prices – terms of payment

– All prices quoted in our stores are gross prices including statutory VAT. Additional transport costs may apply.

– A deposit of 30% of the gross sales price is required in order to place an order.

– The following payment options are available to you in the store: • debit card

– credit card

– cash payment

– The entire balance is payable before or on delivery. Our delivery personnel – including where these are third parties engaged by us – are authorised to collect payment.

– The following payment options are available to you if you do not visit our store: • cash payment to the delivery personnel

– bank transfer before receipt of the goods

– Where the balance is paid by bank transfer, we reserve the right to withhold the customer’s goods if the balance has not been credited to our account on the day of the scheduled delivery.

– Where the balance is paid in cash, we reserve the right to withhold the customer’s goods or, if applicable, to dismantle them again at the customer’s premises should the customer be unable to make the required balance payment on site.

– The customer is entitled to rights of set-off only if his counterclaims have been established with final legal effect, are undisputed or have been acknowledged by us. He is furthermore entitled to exercise a right of retention only to the extent that his counterclaim is based on the same contractual relationship.

§ 6. Delivery time, default in acceptance, delay in delivery

– If only a non-binding delivery period or a non-binding delivery date has been agreed, the purchaser may request us to deliver within a reasonable period only 30 days after the expiry of that non-binding delivery period or that non-binding delivery date.

– If only a non-binding delivery period or a non-binding delivery date has been agreed, we will contact the customer in good time in advance in order to agree a definitive delivery date.

– The commencement of a delivery period stated by us presupposes that all technical questions have been clarified.

– Compliance with our delivery obligation further presupposes the timely and proper fulfilment of the customer’s obligations. The defence of non-performance of the contract is reserved.

– If the customer is in default of acceptance or culpably breaches other duties to cooperate, we are entitled to demand compensation for the loss incurred by us in this respect, including any additional expenses. This also includes any storage costs incurred, unless otherwise agreed under paragraph 6. Further claims or rights are reserved.

– If a fixed delivery date is agreed between the customer and us and the customer is unable to keep that delivery date, he must notify our planning department, telephone: +49(0) 211 5367540, no later than two working days before the agreed delivery date. If the customer notifies us of his unavailability only later, or if we or the transport company engaged by us do not find the customer at home on the agreed delivery day, our loss within the meaning of paragraph (5) consists in this respect of the costs of the delivery arranged in vain. The assertion of further loss caused by default within the meaning of paragraph (5) is reserved.

– Where the conditions of paragraph (5) are met, the risk of accidental loss of or accidental deterioration in the purchased item passes to the customer at the point in time at which he came into default of acceptance or default as debtor.

– We are liable in accordance with the statutory provisions where the underlying purchase contract is a transaction for delivery at a fixed date. We are also liable in accordance with the statutory provisions where, as a consequence of a delay in delivery for which we are responsible, the customer is entitled to claim that his interest in further performance of the contract has ceased to exist.

– We are furthermore liable in accordance with the statutory provisions where the delay in delivery is due to an intentional or grossly negligent breach of contract for which we are responsible; fault on the part of our representatives or vicarious agents is attributable to us. Unless we are charged with intent, however, our liability in damages is limited to the foreseeable loss typically occurring.

– We are also liable in accordance with the statutory provisions where the delay in delivery for which we are responsible is due to the culpable breach of a material contractual obligation; in this case, however, liability in damages is limited to the foreseeable loss typically occurring.

– Further statutory claims and rights of the customer are reserved.

§ 7. Storage after the agreed delivery date

– If the customer informs us no later than two working days before the agreed delivery that he wishes a later delivery date than the one originally agreed, we will, at the customer’s request, store the purchased goods with us free of charge for up to a further 30 days.

– From the 31st day after expiry of the agreed delivery date we charge storage costs of 20,00 € per week, unless the customer proves to us that the loss in the individual case is lower.

– If we have agreed a calendar week as the delivery date with the customer, the 30 days under paragraph (1) begin to run only after the end of the last day of the calendar week agreed as the delivery date.

§ 8. Accessibility of the place of delivery, sufficient space

– The customer is responsible for ensuring that access to the place (house, floor and room) to which the purchased product is to be delivered and in which it is to be assembled is clear.

– The customer must inform us in good time before delivery of any particular local circumstances which may impede delivery.

– Should aids such as a crane or a lifting platform be required for the delivery on account of the local circumstances, these are to be provided by the customer. This also applies to any permits required for the use of such aids. In this case the customer is also responsible for ensuring that the local circumstances are suitable for the use of the aid.

– At the customer’s request we can ourselves arrange for aids within the meaning of paragraph (3) if he informs us of this in good time before delivery. The costs of such aids are borne by the customer. An agreement on this is to be reached between the parties before delivery.

– The customer is further responsible for ensuring that sufficient space is available at the place where the product is to be assembled and that the floor is level.

– Our delivery personnel, or the delivery personnel of external third parties engaged by us, will observe all applicable safety regulations during delivery. This also means that the delivery personnel may not take off their safety shoes and may place ladders only on firm ground (and therefore not, for example, on a flat roof).

§ 9. Liability for defects, notification of defects

– The limitation period for the statutory warranty is two years and begins with the delivery of the goods. By way of derogation from this, the limitation period for statutory claims for defects in the case of used products, in particular those sold as display items (e.g. with the note „Sale“, „Original aus der Ausstellung“ or „Abverkauf“), is only one year.

– The purchaser is obliged to inspect the goods delivered immediately on delivery and to notify the seller of any defects by way of a notice of defects. If the notice of defects is not given within one working day, the purchaser loses his claim to remedy of the defect, to replacement or to damages.

– Deviations in dimensions, patterns, colours, texture and the like which are customary in the trade or technically unavoidable, as well as changes in the construction and design of the goods, do not constitute a defect. All dimensions are approximate. Sentences 1 and 2 do not apply where we have assumed a guarantee for specific dimensions, patterns, colours, texture and the like.

– Paragraph 2 applies accordingly to discolouration of the materials used by us (e.g. wood, textiles, fabrics, leather) which is customary in the trade or technically unavoidable, as well as to swelling and shrinkage of the wood used by us (colloquially „working“) which is customary in the trade or technically unavoidable.

– A slight local loss of height in the mattress caused by the weight of the user is technically unavoidable and likewise does not constitute a defect, unless we have assumed a differing guarantee in an individual case. The same applies to changes in the shape and firmness of the mattress of up to 15 % through ordinary use which are customary in the trade and technically unavoidable.

– We are furthermore not liable for damage to the products supplied by us which arises because they are used improperly or are improperly repaired by the customer himself.

– Any seller’s guarantees given by us for particular items, or manufacturer’s guarantees granted by the manufacturers of particular items, including the guarantee against spring and frame breakage under § 11, apply in addition to claims in respect of material or legal defects within the meaning of § 9 paragraph 1. Details of the scope of such guarantees follow from § 11 or from the guarantee conditions which may accompany the items.

– In the event of the remedy of a defect or of a replacement delivery, we are obliged to bear all expenses necessary for the purpose of subsequent performance, in particular transport, travel, labour and material costs, unless these are increased by the fact that the purchased item has been taken to a place other than the place of performance.

– If subsequent performance fails, the customer is entitled, at his option, to demand withdrawal or a reduction in price for the defective product listed on the invoice, but not for the entire order.

– We are liable in accordance with the statutory provisions where the customer asserts claims for damages based on intent or gross negligence, including intent or gross negligence on the part of our representatives or vicarious agents. Unless we are charged with an intentional breach of contract, liability in damages is limited to the foreseeable loss typically occurring.

– We are liable in accordance with the statutory provisions where we culpably breach a material contractual obligation; in this case, too, liability in damages is limited to the foreseeable loss typically occurring.

– Where the customer is otherwise entitled, on account of a negligent breach of duty, to a claim for compensation for loss in lieu of performance, our liability is limited to compensation for the foreseeable loss typically occurring.

– Liability for culpable injury to life, body or health remains unaffected; this also applies to the mandatory liability under the Produkthaftungsgesetz.

– Unless otherwise provided above, liability is excluded.

§ 10. Withdrawal in other cases

– If the customer wishes to withdraw from the purchase contract without there being a statutory right of withdrawal or a case falling under § 9, we reserve the right nevertheless to accept the withdrawal.

– If we accept the withdrawal under paragraph 1, we charge the customer, as compensation for the fact that we can make only limited further use of the product to be taken back and as compensation for the administrative effort incurred by us, a flat amount of 30 % of the total purchase price if we have not yet contacted the customer to arrange a delivery date, and of 50 % of the total purchase price if we have already contacted the customer to arrange a delivery date.

§ 11. Guarantee against frame breakage

– In addition to the liability for defects under § 9, we grant our customers, subject to the conditions set out below, a 25-year guarantee from the moment of delivery that no spring breakage and/or frame breakage will occur in the boxspring beds supplied by us.

– The guarantee does not apply to damage attributable to improper handling of the boxspring bed.

– The guarantee applies only to the purchaser personally and not to any legal successors. It cannot be transferred to third parties.

– The purchaser must report claims under this guarantee immediately upon discovery of the defect to the customer service department of the point of sale at which he purchased the boxspring bed. In doing so, he must present the original invoice.

– If the customer invokes the rights under this guarantee, we first have the right to remedy the defect. Should this not succeed, we may exchange the defective product for an identical one or, if the model purchased is no longer available, for a product of equal value.

– If we invoke the disproportionality of repairing or replacing the product, the customer instead has the right to withdraw from the contract or to reduce the purchase price. In the event of withdrawal, the customer must pay us reasonable compensation for the use of the product. In the case of an insignificant defect there is no right of withdrawal.

– In the event of a repair or a replacement, the guarantee period does not begin anew. Rather, the original guarantee period continues to apply, including to replaced parts.

§ 12. Retention of title

– We retain title to the purchased item until all payments under the delivery contract have been received. In the event of conduct by the customer in breach of contract, in particular default in payment, we are entitled to take back the purchased item. Our taking back of the purchased item constitutes a withdrawal from the contract. Following the return of the purchased item, we are entitled to realise it; the proceeds of realisation are to be set off against the customer’s liabilities – less reasonable costs of realisation.

§ 13. Place of jurisdiction – place of performance

– If the customer has no general place of jurisdiction in Germany or, after conclusion of the contract, moves his domicile or habitual residence out of the territory of the Federal Republic of Germany, our place of business is the place of jurisdiction. This also applies if the customer’s domicile or habitual residence is not known at the time the action is brought.

– The law of the Federal Republic of Germany applies.

§ 14. Disclosure of data

Your name, the requested delivery address and your e-mail address are passed on to the transport service provider engaged by us in order to carry out the order. The disclosure of your name and delivery address is necessary in order to enable dispatch to the address you have specified. Your e-mail address is passed on so that the transport service provider engaged by us can inform you of the current status of the consignment and send you a link for tracking it.

§ 15. Credit assessment

Our company regularly checks and monitors your creditworthiness when contracts are concluded and, in certain cases where there is a legitimate interest, also in the case of existing customers. For this purpose we work with Creditreform Boniversum GmbH, Hammfelddamm 13, 41460 Neuss, from which we receive the data required for this. To this end we transmit your name, addresses and date of birth to Creditreform Boniversum GmbH. The information pursuant to Art. 14 of the EU General Data Protection Regulation on the data processing carried out at Creditreform Boniversum GmbH can be found here: For consumers: Information under the EU GDPR | Boniversum Guarantee conditions for mattresses & toppers