Terms and Conditions
General terms and conditions and customer information
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts that you conclude with us as the provider. (nivion GmbH) via the website www.dailydream.de/ close. Unless otherwise agreed, the inclusion of any terms and conditions you may use is hereby rejected.
(2) For the purposes of these provisions, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity. A business is any natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, acts in the exercise of its independent professional or commercial activity.
§ 2 Formation of the contract
(1) The subject of the contract is the sale of goods. .
(2) By placing the respective product on our website, we are submitting a binding offer to you to conclude a contract via the online shopping cart system under the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase Items are placed in the "shopping cart". You can access the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time.
After accessing the "Checkout" page and entering your personal data as well as the payment and shipping conditions, the order details will be displayed as an order summary.
If you select an instant payment system as your payment method (z.B. If you use PayPal/PayPal Express, Amazon Payments, Sofortüberweisung), you will either be directed to the order overview page in our online shop or to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, please make the appropriate selections or enter your data there. Finally, your order details will be displayed as an order summary on the instant payment system provider's website or after you have been redirected back to our online shop.
Before submitting your order, you have the opportunity to review the information in the order summary, change it (also via the "back" function of your internet browser) or cancel the order.
By submitting the order via the corresponding button ("buy" or similar designation), you legally declare your acceptance of the offer, thereby concluding the contract.
(4) Your requests for a quote are non-binding. We will then submit a binding offer to you in written form (z.B. (via email), which you can accept within 5 days (unless a different deadline is specified in the respective offer).
(5) Order processing and the transmission of all information required in connection with the conclusion of the contract are carried out partly automatically via email. You must therefore ensure that the email address you have provided to us is correct, that the receipt of emails is technically guaranteed, and in particular, that it is not prevented by spam filters.
§ 3 Special agreements regarding offered payment methods
(1) Payment via Klarna
In cooperation with Klarna Bank AB (publ), At Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options.Payment is made to Klarna in each case:
- Invoice: The payment term is 30 days from the date of dispatch of the goods/ticket or, in the case of other services, from the date the service is made available. The complete invoicing terms and conditions for the countries where this payment method is available can be found here: Germany, Austria.
- Instant bank transfer: Available in Germany and Austria. Your account will be charged immediately after placing your order.
The use of payment methods such as invoice, installment payment, and/or direct debit requires a positive credit check. Therefore, we forward your data to Klarna for address and credit verification as part of the purchase initiation and processing of the purchase agreement. Please understand that we can only offer you those payment methods that are permitted based on the results of the credit check.
You can find more information and Klarna's terms of use here. here. General information about Klarna is available here here. Your personal data will be processed by Klarna in accordance with applicable data protection regulations and as described in [link to privacy policy]. Klarna's privacy policy treated.
You can find more information about Klarna here. here. You can find the Klarna app here. here.
§ 4 Right of retention, reservation of title
(1) You may only exercise a right of retention insofar as it relates to claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
(3) If you are an entrepreneur, the following also applies:
a) We retain title to the goods until all claims arising from the ongoing business relationship have been settled in full. Pledging or assigning the goods as security is not permitted before title has passed.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims arising from the resale up to the amount of the invoice; we accept this assignment. You remain authorized to collect the receivables. However, if you fail to meet your payment obligations, we reserve the right to collect the receivables ourselves.
c) In the event of combination or mixing of the goods subject to retention of title, we acquire co-ownership of the new item in proportion to the invoice value of the goods subject to retention of title to the other processed items at the time of processing.
d) We undertake to release the collateral held by us at your request to the extent that the realizable value of our collateral exceeds the secured claim by more than 10%. The selection of the collateral to be released is at our discretion.
§ 5 Warranty
(1) The statutory warranty rights apply.
(2) As a consumer, you are requested to inspect the goods immediately upon delivery for completeness, obvious defects, and transport damage, and to notify us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty rights.
(3) If a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed agreed if you were informed of it before we submitted the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
(4) If you are an entrepreneur, the following applies in deviation from the above warranty regulations:
a) Only our own specifications and the manufacturer's product description are considered agreed upon as the quality of the goods, not other advertising, public statements and pronouncements by the manufacturer.
b) In case of defects, we will, at our discretion, provide a warranty by repair or replacement. If the attempt to remedy the defect fails, you may, at your option, demand a price reduction or withdraw from the contract. Remedying the defect is deemed to have failed after a second unsuccessful attempt, unless the nature of the goods or the defect, or other circumstances, indicate otherwise. In the case of repair, we are not obligated to bear the increased costs incurred by transporting the goods to a location other than the place of performance, unless such transport is in accordance with the intended use of the goods.
c) The warranty period is one year from delivery of the goods. The shortened period does not apply:
- damages attributable to us caused by negligence resulting in injury to life, body or health, and in the case of other damages caused intentionally or by gross negligence;
- insofar as we have fraudulently concealed the defect or assumed a guarantee for the quality of the item;
- in the case of items that, according to their usual purpose, have been used for a building and have caused its defectiveness;
- in the case of statutory recourse claims that you may have against us in connection with warranty rights.
The warranty period begins on the invoice date. This warranty is valid within the Federal Republic of Germany.
Should material or manufacturing defects occur in the product within the warranty period, the seller, as the guarantor, will, at its discretion, either repair the product free of charge or replace it free of charge with an equivalent product.
Warranty claims are excluded in the case of damage caused by improper use, lack of or incorrect maintenance.
To make a warranty claim, the seller must be given the opportunity to verify the warranty claim, for example by sending in the product. The product must be securely packaged for return shipping to prevent damage during transit. Reasonable shipping costs will be reimbursed by the seller.
A copy of the invoice must be included with the return shipment so that compliance with the warranty period can be verified. The warranty cannot be accepted without a copy of the invoice. If the seller's name and address are not included on the invoice copy, this information must be provided separately.
Gstaller Weg 13
82166 Gräfelfing
This guarantee limits your statutory warranty rights (e.g.Subsequent performance, withdrawal, reduction, damages) are not included, which you are entitled to free of charge.
The warranty does not apply:
- For returns or exchanges due to personal comfort preferences.
- In case of damage caused by external influences, such as cuts, burns, cracks, liquids or stains.
- For mattress toppers that are not available through our online shop at www.dailydream.de were acquired.
- For normal wear and tear resulting from intended use.
§ 7 Choice of law, place of performance, place of jurisdiction
(1) German law applies. For consumers, this choice of law only applies to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which they have their habitual residence (principle of most favorable law).
(2) The place of performance for all services arising from our business relationships and the place of jurisdiction is our registered office, unless you are a consumer, but rather a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU, or if your domicile or habitual residence is unknown at the time the action is brought. This does not affect the right to bring an action before a court at another legally established place of jurisdiction.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) do not apply.
II. Customer Information
1. Seller's identity
nivion GmbH
Gstaller Weg 13
82166 Gräfelfing
Germany
Phone: +49(0) 89 37799 8440
E-mail: service@dailydream.eu
Alternative dispute resolution:
The European Commission provides a platform for online dispute resolution (ODR platform), accessible at https://ec.europa.eu/odr.
2. Information on how the contract came about
The technical steps leading to the conclusion of the contract, the conclusion of the contract itself and the correction options are governed by the provisions of "Formation of the Contract" in our General Terms and Conditions (Part I).
3. Contract language, contract text storage
3.1. The contract language is German.
3.2. We do not store the complete contract text. Before submitting the order via the online shopping cart system The contract details can be printed using your browser's print function or saved electronically. After we receive your order, the order details, the legally required information for distance selling contracts, and the terms and conditions will be sent to you again by email.
3.3. For quote requests outside the online shopping cart system, you will receive all contract details in the form of a binding offer in text form. z.B. via email, which you can print or save electronically.
4. Codes of Conduct
4.1. We have submitted to the buyer seal quality criteria of Händlerbund Management AG, which can be viewed at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf.
5.Key characteristics of the goods or services
The essential characteristics of the goods and/or services can be found in the respective offer.
6. Prices and payment terms
6.1. The prices listed in the respective offers, as well as the shipping costs, represent total prices. They include all price components, including all applicable taxes.
6.2. Shipping costs are not included in the purchase price. They can be accessed via a correspondingly labeled button on our website or in the respective offer. These costs will be shown separately during the ordering process and must be borne by you in addition to the above, unless free shipping has been promised.
6.3. Costs incurred in transferring the money (Transfer or exchange rate fees charged by credit institutions) are from you to be borne in cases where the delivery takes place in an EU member state, but the payment was initiated outside the European Union.
6.4. The payment methods available to you are indicated under a correspondingly labeled button on our website or in the respective offer.
6.5. Unless otherwise stated for the individual payment methods, payment claims arising from the concluded contract are due immediately.
7. Delivery conditions
7.1. The delivery terms, the delivery date and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.
7.2. If you are a consumer, the law stipulates that the risk of accidental loss or damage to the goods during shipment passes to you only upon delivery, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not designated by the seller or another person responsible for carrying out the shipment.
If you are an entrepreneur, delivery and shipment are at your own risk.
8. Statutory warranty rights
Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).
These terms and conditions and customer information were drafted by the IT law specialists at the Händlerbund (German Retail Federation) and are continuously reviewed for legal compliance. Händlerbund Management AG guarantees the legal validity of the texts and assumes liability in the event of cease-and-desist letters. Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.
Last updated: April 4, 2025