TERMS AND CONDITIONS
Table of contents
Article 1 – Definitions.
Article 2 – Identity of the entrepreneur
Article 3 – Applicability.
Article 4 – The offer
Article 5 – The Agreement
Article 6 – Right of withdrawal
Article 7 – Costs in case of withdrawal
Article 8 – Exclusion of the right of withdrawal.
Article 9 – The price
Article 10 – Conformity and warranty
Article 11 – Delivery and execution
Article 12 – Duration transactions: duration, termination and renewal
Article 13 – Payment
Article 14 – Complaints procedure
Article 15 – Disputes
Article 16 – Additional or different provisions
1 – Definitions
In these terms and conditions, the following definitions shall apply
The period within which the consumer can use
his right of withdrawal;
The natural person who is not acting in
the exercise of a profession or business and enters into a remote agreement
with the entrepreneur;
distance contract relating to a series of products and/or services, of which
the obligation to deliver and/or purchase is spread over time;
Durable data carrier:
means that enables the consumer or entrepreneur to store information addressed personally to
him in a way that allows future
consultation and unaltered reproduction of the stored information
Right of withdrawal:
The possibility for the
consumer to withdraw from the
distance contract within the withdrawal period;
The model form for
revocation provided by the entrepreneur that a consumer can
fill out when he wants to exercise his right of revocation.
The natural or legal person offering
products and/or services to consumers at a distance;
agreement where, within the framework of a system organized by the entrepreneur
for distance selling of products and/or services, up to and including
the conclusion of the agreement, exclusive use is made of one
or more techniques for distance communication;
Technology for distance communication:
Means that can be used to conclude an
agreement, without the consumer and entrepreneur having come together simultaneously in the same
General Terms and Conditions:
present General Terms and Conditions of the entrepreneur.
2 – Identity of the entrepreneur
Fold-up bed buying;
8304 AP Emmeloord
Phone number: 0657290608
Email address: firstname.lastname@example.org
Chamber of Commerce number: 84949422
3 – Applicability
- These general terms and conditions apply to any offer by the
Entrepreneur and on any distance contract concluded and
orders between entrepreneur and consumer.
- Before the distance contract is concluded, the text of
made these general terms and conditions available to the consumer. If this
is not reasonably possible, before the remote agreement will be
is concluded, be indicated that the general conditions are attached to the
entrepreneur to view and they, at the consumer’s request, as soon as possible
may be sent free of charge.
- If the distance contract is concluded electronically, in
deviation from the previous paragraph and before the remote agreement is concluded,
the text of these general conditions electronically to the
consumer are made available in such a way that they can be used by
the consumer can be easily stored on a
durable data medium. If this is not reasonably possible, the
before the distance contract is concluded, indicate where
of the general conditions may be electronically
taken note of and that, at the consumer’s request, they will, via electronic
way or otherwise will be sent free of charge.
- In case in addition to these general terms and conditions, specific
product or service conditions apply, the second and
third paragraph shall apply mutatis mutandis and the consumer may, in the event
of conflicting general terms and conditions always rely on the
applicable provision most favorable to him.
- If one or more provisions of these general conditions at any
moment be void or destroyed in whole or in part, then
the agreement and these terms and conditions shall otherwise stand and the
relevant provision shall be promptly replaced by mutual agreement with
a provision that would, as far as possible, give the intent of the original
- Situations not covered in these general terms and conditions should be
to be judged “by the spirit” of these general conditions.
- Uncertainties about the explanation or content of one or more
provisions of our terms and conditions, are to be interpreted “according to the
spirit” of these general terms and conditions.
4 – The offer
- If an offer has a limited validity period or is under
conditions takes place, this shall be expressly stated in the offer.
- The offer is non-binding. The entrepreneur is entitled to offer
modify and adapt.
- The offer contains a complete and accurate description of the
products and/or services offered. The description is sufficient
detailed to ensure proper consumer assessment of the offer
possible. If the entrepreneur uses images his
these are a true representation of the products and/or
services. Obvious mistakes or obvious errors in the offer
do not bind the entrepreneur.
- All images, specifications data in the offer are indicative
and cannot be grounds for damages or dissolution of the
- Images accompanying products are a true representation of the
products offered. Entrepreneur cannot guarantee that the displayed
colors exactly match the real colors of the products.
- Each offer contains such information that it is clear to the consumer
is what the rights and obligations are, which are attached to the acceptance of the
offerings are linked. This concerns in particular:
- the price including taxes;
- the cost of shipping, if any;
- The manner in which the agreement will be established and what
actions required to do so;
- Whether or not the right of withdrawal applies;
- The method of payment, delivery and performance of the agreement;
- The period for acceptance of the offer, or the period
Within which the entrepreneur guarantees the price;
- the amount of the remote communication rate if the
cost of using the remote communication technique
are calculated on a basis other than the regular base rate
for the means of communication used;
- Whether the agreement is filed after its formation, and if so
on which it can be accessed by consumers;
- The manner in which the consumer, prior to the conclusion of the contract,
the information provided by him under the agreement may
check and repair if required;
- any other languages in which, in addition to Dutch, the
agreement can be concluded;
- the codes of conduct to which the entrepreneur has submitted and the
manner in which consumers can electronically access these codes of conduct
- the minimum duration of the distance contract in the case of a
5 – The Agreement
- The agreement, subject to the provisions of paragraph 4, comes to
effect at the time of the consumer’s acceptance of the offer and
meeting the conditions set forth thereby.
- If the consumer has accepted the offer electronically,
the entrepreneur confirms receipt electronically without delay
of the acceptance of the offer. As long as the agreement of this
acceptance has not been confirmed by the entrepreneur, the consumer may reject the
- If the agreement is concluded electronically, the
entrepreneur appropriate technical and organizational measures to
security of electronic transmission of data and provides a
secure web environment. If the consumer can pay electronically, the
entrepreneur take appropriate safety measures for this purpose.
- The entrepreneur may – within legal frameworks – be aware
establish whether the consumer can meet his payment obligations,
as well as of all those facts and factors relevant to a
responsible conclusion of the remote agreement. If the entrepreneur
based on this investigation, has good grounds not to enter into the agreement.
proceed, he is entitled to justify an order or request to
refuse or attach special conditions to performance.
- With the product or service provided to the consumer, the entrepreneur will include the
following information, in writing or in such a way that it can be used by the
consumer in an accessible way can be stored on a
durable data carrier, enclose:
- the visiting address of the establishment of the trader where the consumer
- the conditions under which and the manner in which the consumer of the
right of withdrawal, or a clear notice regarding
being excluded from the right of withdrawal;
- the information on warranties and existing after-purchase service;
- the information contained in article 4 paragraph 3 of these conditions, unless
the entrepreneur has already provided this information to the consumer prior to the
performance of the agreement;
- The requirements for termination of the agreement if the
agreement has a duration of more than one year or of indefinite duration
6 – Right of withdrawal
On delivery of products:
- When purchasing products, consumers have the option of using the
agreement without giving reasons for 14 days.
This cooling-off period commences on the day after receipt of the product by the
consumer or a person designated in advance by the consumer and appointed to the entrepreneur
- During the cooling-off period, the consumer will handle with care the
product and packaging. He will use the product only to the extent
unpack or use to the extent necessary to assess whether
he wishes to retain the product. If he exercises his right of withdrawal
uses, he shall return the product with all delivered accessories and –
If reasonably possible – in its original condition and packaging to
return to the entrepreneur, in accordance with the
reasonable and clear instructions.
- When the consumer wishes to exercise his right of withdrawal
he is obliged to do so within 14 days, after receipt of the product,
notify the entrepreneur. Making it known should the consumer
to be done by telephone or other means of communication
such as by e-mail. After the consumer has made it known to use
wish to exercise his right of withdrawal, the customer must return the product within
14 days to return. The consumer must prove that the delivered
items were returned in a timely manner, such as through proof
- If, after the expiration of the periods specified in paragraphs 2 and 3, the customer does not
has made it known that he wishes to exercise his right of withdrawal
resp. has not returned the product to the entrepreneur, the purchase is
7 – Costs in case of withdrawal
- If the consumer exercises his right of withdrawal, at
highest the cost of return for his account.
- If the consumer has paid an amount, the business owner will make this
amount as soon as possible, but no later than 14 days after revocation,
repay. This does include the condition that the product has already been returned
received by the merchant or conclusive proof of complete
return can be presented. Reimbursement will be made through the
same payment method used by the consumer unless the consumer
expressly authorizes another payment method.
- If the product is damaged due to careless handling by the
consumer himself, the consumer is liable for any
depreciation of the product.
- The consumer cannot be held liable for
depreciation of the product when the entrepreneur does not provide all the
legally required information about the right of withdrawal has been provided,
this should be done before the conclusion of the purchase agreement.
8 – Exclusion of the right of withdrawal
- The entrepreneur may exclude the consumer’s right of withdrawal
For products described in paragraphs 2 and 3. The exclusion of the
right of withdrawal only applies if the entrepreneur clearly states this in the
offer, at least in time for the conclusion of the agreement, has
- Exclusion of the right of withdrawal is only possible for
- which are made by the entrepreneur in accordance with
- that are clearly personal in nature;
- which by their nature cannot be returned;
- whose price is subject to fluctuations in the financial market
over which the entrepreneur has no control;
- regarding assembly bed at customer’s premises on a specific date.
9 – The Price
- During the period of validity stated in the offer, prices are
of the products and/or services offered not increased, except for
price changes due to changes in VAT rates.
- Notwithstanding the previous paragraph, the entrepreneur may offer products or
services whose prices are subject to fluctuations on the
financial market and over which the entrepreneur has no control, with
offer variable prices. This bondage to fluctuations and the
the fact that any prices listed are guide prices, when the
- Price increases within 3 months of the conclusion of the
agreement are permitted only if they result from legal
regulations or provisions.
- Price increases from 3 months after the conclusion of the
agreement are permitted only if the entrepreneur has stipulated this
- they are the result of statutory regulations or provisions; or
- the consumer has the power to terminate the agreement with
effective the day on which the price increase takes effect.
10 – Compliance and warranty
- The entrepreneur guarantees that the products and/or services meet
to the agreement, to the specifications stated in the offer, to the
reasonable requirements of soundness and/or serviceability and the date
of the formation of the agreement existing legal provisions
and/or government regulations. If agreed upon, the entrepreneur stands
also that the product is suitable for other than normal use.
- A warranty provided by the entrepreneur, manufacturer or importer
does not affect the legal rights and claims that the consumer has on
under the agreement may assert against the entrepreneur.
- Any defective or misdelivered products should be delivered within 2
months after delivery to the entrepreneur in writing.
Return of the products must be in the original
packaging and in new condition.
- The warranty period applies only to delivery of new
components. The cost on site at customer, for replacement of these
parts are not covered by the warranty.
- The entrepreneur’s warranty period corresponds to the
manufacturer’s warranty period. However, at no time is the entrepreneur
responsible for the final suitability of the products for
any individual application by the consumer, nor for any
advice regarding the use or application of the products.
- The warranty does not apply if:
- the consumer has repaired the delivered products himself and/or
edited or had third parties repair and/or edit it;
- the delivered products have been exposed to abnormal conditions
or otherwise treated carelessly or in violation of the
instructions of the entrepreneur and/or on the packaging have been treated;
- the defect is due in whole or in part to
regulations that the government has made or will make regarding
of the nature or quality of the materials used.
11 – Delivery and execution
- The entrepreneur will take the greatest possible care
In receiving and fulfilling orders from
products and in assessing requests for the provision of services.
- The place of delivery is the address provided by the consumer to the
company has made known.
- Subject to what is stated in this regard in paragraph 4 of this article
stated, the company will accept accepted orders with expeditious but
no later than 30 days, unless consumer has agreed
with a longer delivery period. If delivery is delayed
experienced, or if an order cannot be fulfilled or can be fulfilled only in part.
be performed, the consumer will receive notice of this no later than 30 days after
he placed the order notification. In that case, the consumer has
the right to rescind the agreement without cost. The consumer
is not entitled to compensation.
- All delivery dates are indicative. To any terms mentioned
the consumer cannot derive any rights. Exceeding a deadline
does not entitle the consumer to compensation.
- In case of dissolution in accordance with the paragraph 3 of this article, the
entrepreneur the amount paid by the consumer as soon as possible,
but no later than 14 days after dissolution, refund.
- If delivery of an ordered product proves impossible, the
the entrepreneur makes every effort to make a replacement item available
pose. At the latest upon delivery, clear and understandable
way be notified that a replacement item will be provided. At
replacement items, the right of withdrawal cannot be excluded. The
costs of any return shipment shall be borne by the
- The risk of damage and/or loss of products rests with
the entrepreneur until the time of delivery to the consumer or a prior
designated and made known to the entrepreneur representative, unless
expressly agreed otherwise.
12 – Payment
- Unless otherwise agreed, the consumer’s
amounts due are to be paid within 7 working days of taking effect
of the reflection period referred to in Article 6 paragraph 1. In case of a
agreement to provide a service, this period begins after
the consumer has received the confirmation of the agreement.
- The consumer has a duty to correct inaccuracies in any information provided or stated
payment details to the entrepreneur without delay.
- In case of non-payment by the consumer, the entrepreneur has
subject to legal restrictions, the right to charge the consumer in advance the
make known reasonable costs.
13 – Complaints procedure
- The entrepreneur has a sufficiently publicized
complaint procedure and handles the complaint in accordance with this
- Complaints about the performance of the agreement must be made within 2
months must be submitted fully and clearly described to the
entrepreneur, after the consumer has identified the defects.
- Complaints submitted to the entrepreneur are processed within a period of 14
days from the date of receipt answered. If a complaint is a
foreseeably requires longer processing time, the entrepreneur
replied within the 14-day period with a notice of receipt and
an indication of when the consumer can get a more detailed answer.
- If the complaint cannot be resolved by mutual agreement
a dispute arises that is amenable to dispute resolution.
- For complaints, a consumer should first turn to the
entrepreneur. If the online store is affiliated with Stichting WebwinkelKeur
and for complaints that cannot be resolved by mutual agreement should
the consumer to contact Stichting WebwinkelKeur (www.webwinkelkeur.nl), it will mediate free of charge. Please check if this online store has an ongoing
membership has through https://www.webwinkelkeur.nl/ledenlijst/. Should no solution be reached by then, the
consumer to have his complaint handled by the by
WebwinkelKeur Foundation appointed independent dispute committee, the
ruling of this is binding and both entrepreneur and consumer agree
with this binding ruling. To submitting a dispute to this
Disputes Committee there are costs associated with it, which are paid by the consumer
should be submitted to the appropriate committee. It is also possible to
report complaints via the European ODR platform (
- A complaint does not suspend the obligations of the entrepreneur unless
the entrepreneur indicates otherwise in writing.
- If a complaint is found to be justified by the entrepreneur, the
entrepreneur at its discretion or replace the delivered products free of charge
14 – Disputes
- On contracts between the entrepreneur and the consumer on which this
general conditions relate to, shall be exclusively governed by Dutch law
applicable. Even if the consumer is resident abroad.
- The Vienna Sales Convention does not apply.
15 – Additional or different provisions
Additional or from these general
conditions deviating provisions may not be to the detriment of the consumer
and should be recorded in writing or in such a way that they are
can be stored by the consumer in an accessible manner on a
durable data medium.