AGB

TERMS AND CONDITIONS

§ 1 Scope and Provider

(1) These Terms and Conditions apply to all orders placed by consumers through the online store at nocturnal-sleep.de.

(2) The provider and contracting party is:

Nocturnal
Sena Kaya
Franz-Wurm-Weg 8
9020 Klagenfurt am Wörthersee
Austria

Email: nocturnal9020@gmail.com
Phone: +43 664 2457940

(3) A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession.

(4) Any deviating terms proposed by the customer will not be recognized unless we expressly agree to them in writing.

§ 2 Conclusion of Contract

(1) The presentation of products in the online store does not constitute a legally binding offer, but a non-binding invitation for the customer to place an order.

(2) By clicking the order button, you submit a binding order for the goods contained in your shopping cart.

(3) Receipt of your order will be confirmed immediately after submission by an automatically generated email. This confirmation of receipt does not yet constitute acceptance of the order.

(4) The purchase contract is concluded when we expressly accept your order or dispatch the goods to you.

(5) Before submitting your order, you may correct your entries at any time using the usual keyboard and mouse functions. We store the text of the contract and will send it to you together with these Terms and Conditions by email.

§ 3 Prices and Shipping Costs

(1) The prices stated in the online store at the time of ordering apply.

(2) All prices are final prices. Due to the small business regulation pursuant to § 6 para. 1 no. 27 of the Austrian VAT Act (UStG), no value added tax is shown.

(3) Shipping costs will be shown separately during the ordering process before you submit your order.

§ 4 Payment

(1) Payment is made using the payment methods offered during the ordering process: credit card, PayPal, Apple Pay, Klarna.

(2) The purchase price is due for payment upon conclusion of the contract.

§ 5 Delivery

(1) Delivery is made to the delivery address you provide.

(2) The estimated delivery time is 4-14 days. Deviating delivery times are stated on the respective product page.

(3) Should an ordered item not be available, we will inform you without delay. Any payments already made will be refunded without delay in this case.

§ 6 Right of Withdrawal

(1) Consumers are entitled to a statutory right of withdrawal in accordance with the Austrian Distance and Off-Premises Contracts Act (FAGG).

(2) For details, deadlines, and the model withdrawal form, please refer to our separately provided withdrawal instructions.

§ 7 Retention of Title

The delivered goods remain our property until paid for in full.

§ 8 Warranty

(1) The statutory warranty provisions apply, in particular under the Austrian Consumer Guarantee Act (VGG) and the Austrian General Civil Code (ABGB).

(2) The warranty period for movable items is two years from the delivery of the goods.

(3) Within the first year after delivery, a defect that becomes apparent is presumed to have already existed at the time of delivery.

(4) In the event of a defect, you are initially entitled to repair or replacement of the goods. Under the statutory conditions, you may demand a price reduction or termination of the contract.

(5) An informal notification to the contact details stated in § 1 is sufficient to assert a claim.

§ 9 Liability

(1) We are liable without limitation for damages arising from injury to life, body, or health, as well as for damages caused by intent or gross negligence.

(2) For slight negligence, we are only liable in the event of a breach of a material contractual obligation, the fulfillment of which is essential for the proper performance of the contract and on the observance of which you may regularly rely. In such cases, liability is limited to the foreseeable damage typical for this type of contract.

(3) Liability under the Austrian Product Liability Act remains unaffected.

§ 10 Dispute Resolution and Final Provisions

(1) We are neither willing nor obligated to participate in dispute resolution proceedings before a consumer arbitration board.

(2) Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods. Mandatory consumer protection provisions of the country in which you have your habitual residence remain unaffected.

(3) Should individual provisions of these Terms and Conditions be invalid, the validity of the remaining provisions shall remain unaffected.

Last updated: August 2026