General Terms and Conditions of Boxspringbeds.nl

ARTICLE 1 - Definitions 2
ARTICLE 2 - Identity of the Entrepreneur 3
ARTICLE 3 – Applicability 3
ARTICLE 4 - The Offer 3
ARTICLE 5 - The Agreement 4
ARTICLE 6 – Right of Withdrawal 5
ARTICLE 7 - Costs in Case of Withdrawal 5
ARTICLE 8 - Exclusion of the Right of Withdrawal 5
ARTICLE 9 - The Price 6
ARTICLE 10 - Conformity and Warranty 6
ARTICLE 11 - Delivery and Performance 6
ARTICLE 12 - Duration Transactions, Termination and Extension 7
ARTICLE 13 – Payment 8
ARTICLE 14 – Complaints Procedure 8
ARTICLE 15 - Disputes 8
ARTICLE 16 – Industry Guarantee 9
ARTICLE 17 - Additional or Deviating Provisions 9
ARTICLE 18 - Change of the General Terms and Conditions
Webshop Quality Mark Foundation 9

ARTICLE 1 - DEFINITIONS

In these terms and conditions, the following definitions apply:

  • Cooling-off period: the period during which the consumer can exercise their right of withdrawal;
  • Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
  • Day: calendar day;
  • Duration transaction: a distance contract relating to a series of products and/or services, whose delivery and/or acceptance obligations are spread over time;
  • Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed to them personally in a way that future consultation and unchanged reproduction of the stored information is possible;
  • Right of withdrawal: the possibility for the consumer to cancel the distance contract within the cooling-off period;
  • Entrepreneur: the natural or legal person who is a member of the Webshop Quality Mark Foundation and offers products and/or services remotely to consumers;
  • Distance contract: a contract in the context of a system organized by the entrepreneur for remote sale of products and/or services, in which, up to and including the conclusion of the contract, only one or more techniques for remote communication are used;
  • Technique for remote communication: a means that can be used to conclude an agreement without the consumer and entrepreneur being simultaneously in the same space.

ARTICLE 2 - IDENTITY OF THE ENTREPRENEUR

  • Entrepreneur's name: Bedcetera BV - Boxspringbeds.nl

  • Registered address: Molenstraat 5, 2712 XG Zoetermeer

  • Phone number: 079-316 66 00

  • Opening hours:
    Monday & Sunday: Closed
    Tuesday to Thursday: 9:30 AM - 6:00 PM
    Friday: 9:30 AM - 9:00 PM
    Saturday: 9:30 AM - 5:00 PM

  • Email address: info@boxspringbeds.nl

  • Chamber of Commerce (KvK) number: 67497438

  • VAT identification number: NL857029642B01

ARTICLE 3 – APPLICABILITY

  1. These general terms and conditions apply to any offer made by the entrepreneur and any distance contract entered into between the entrepreneur and the consumer.
  2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the contract is concluded that the terms and conditions are available for inspection at the entrepreneur’s premises and that they will be sent to the consumer free of charge as soon as possible upon request.
  3. If the distance contract is concluded electronically, the text of these general terms and conditions can, contrary to the previous paragraph, be provided electronically before the conclusion of the contract, in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the terms and conditions can be electronically reviewed, and that they will be sent free of charge to the consumer either electronically or in another way upon request.
  4. In case specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly. If there is a conflict between these general terms and conditions and specific product or service conditions, the consumer can always invoke the provision that is most favorable to them.

ARTICLE 4 - THE OFFER

  1. If an offer has a limited validity period or is subject to conditions, this will be clearly stated in the offer.
  2. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these will be an accurate representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.
  3. Each offer contains such information that it is clear to the consumer what rights and obligations are associated with accepting the offer. This concerns, in particular:
    • the price, including taxes;
    • any delivery costs;
    • the method by which the contract will be concluded and the actions required for this;
    • whether the right of withdrawal applies;
    • the method of payment, delivery, and execution of the agreement;
    • the period within which the offer can be accepted or the period within which the entrepreneur guarantees the price;
    • the communication costs, if the costs for remote communication are calculated based on something other than the regular base rate for the used communication medium;
    • whether the contract will be archived after conclusion, and if so, how the consumer can consult it;
    • how the consumer can check and, if desired, correct the data they have provided in relation to the agreement before concluding the contract;
    • any other languages in which, alongside Dutch, the agreement can be concluded;
    • the codes of conduct the entrepreneur adheres to and how the consumer can electronically consult these codes of conduct; and
    • the minimum duration of the distance agreement in the case of a duration transaction.

ARTICLE 5 - THE AGREEMENT

  1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and fulfills the conditions set forth therein.
  2. If the consumer has accepted the offer electronically, the entrepreneur will promptly confirm receipt of the consumer's acceptance electronically. Until this receipt is confirmed by the entrepreneur, the consumer may dissolve the agreement.
  3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and will provide a secure online environment. If the consumer can pay electronically, the entrepreneur will ensure appropriate security measures are in place.
  4. The entrepreneur may, within legal boundaries, verify whether the consumer is able to meet their payment obligations, as well as other facts and factors that are important for entering into the distance contract responsibly. If, based on this investigation, the entrepreneur has good grounds not to conclude the agreement, they are entitled to refuse an order or request, or impose special conditions on the execution of the order.
  5. Upon providing the product or service to the consumer, the entrepreneur will include the following information in writing or in a manner that allows the consumer to easily store it on a durable medium:
    a. the visiting address of the entrepreneur's premises where the consumer can go for complaints;
    b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
    c. information regarding guarantees and after-sales service;
    d. the information included in Article 4, paragraph 3 of these terms, unless the entrepreneur has already provided this information to the consumer before the agreement is executed;
    e. the requirements for terminating the agreement if it has a duration of more than one year or is of indefinite duration.
  6. In the case of a duration transaction, the provision in the previous paragraph only applies to the first delivery.

ARTICLE 6 - RIGHT OF WITHDRAWAL

For product deliveries:

  1. When purchasing products, the consumer has the option to cancel the agreement without providing any reason within 14 days. This cooling-off period starts on the day after the consumer receives the product or a representative, designated by the consumer and made known to the entrepreneur, receives the product.
  2. During the cooling-off period, the consumer must handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If they exercise their right of withdrawal, the product must be returned to the entrepreneur with all provided accessories and, if reasonably possible, in its original condition and packaging, following the reasonable and clear instructions provided by the entrepreneur.

For service deliveries:

  1. When purchasing services, the consumer has the option to cancel the agreement without providing any reason within at least fourteen days, starting from the day the agreement is concluded.
  2. To exercise the right of withdrawal, the consumer must follow the reasonable and clear instructions provided by the entrepreneur at the time of the offer and/or at the latest upon delivery.

ARTICLE 7 - COSTS IN CASE OF WITHDRAWAL

  1. If the consumer exercises their right of withdrawal, they will only be responsible for the maximum cost of returning the product.
  2. If the consumer has already paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after the return or withdrawal.

ARTICLE 8 - EXCLUSION OF THE RIGHT OF WITHDRAWAL

  1. The entrepreneur may exclude the consumer's right of withdrawal as provided in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur clearly stated this in the offer, or at least in a timely manner before the agreement is concluded.
  2. Exclusion of the right of withdrawal is only possible for products:
    a. that have been customized according to the consumer’s specifications;
    b. that are clearly personal in nature;
    c. that by their nature cannot be returned;
    d. that can spoil or deteriorate quickly;
    e. that are subject to price fluctuations on the financial market over which the entrepreneur has no control;
    f. for single newspapers and magazines;
    g. for audio and video recordings and computer software where the consumer has broken the seal.
  3. Exclusion of the right of withdrawal is only possible for services:
    a. concerning accommodation, transportation, catering, or leisure services to be provided on a specific date or during a specific period;
    b. where delivery has begun with the express consent of the consumer before the cooling-off period has expired;
    c. concerning betting and lotteries.

ARTICLE 9 - THE PRICE

  1. During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
  2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market, over which the entrepreneur has no control, at variable prices. This dependence on fluctuations and the fact that any prices mentioned are indicative prices, will be stated in the offer.
  3. Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of legal regulations or provisions.
  4. Price increases more than 3 months after the conclusion of the agreement are only allowed if the entrepreneur has agreed to this and:
    a. they are the result of legal regulations or provisions; or
    b. the consumer has the right to terminate the agreement starting from the day the price increase takes effect.
  5. The prices mentioned in the offer of products or services are inclusive of VAT.

ARTICLE 10 - CONFORMITY AND WARRANTY

  1. The entrepreneur ensures that the products and/or services comply with the agreement, the specifications mentioned in the offer, reasonable requirements of soundness and/or usability, and the applicable legal provisions and/or government regulations at the time the agreement is concluded. If agreed, the entrepreneur also ensures that the product is suitable for uses other than normal use.
  2. Any warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur based on the agreement.

ARTICLE 11 - DELIVERY AND EXECUTION

  1. The entrepreneur will exercise the utmost care when receiving and executing orders for products and when assessing requests for services.
  2. The place of delivery is the address provided by the consumer to the entrepreneur.
  3. Subject to the provisions mentioned in Article 4 of these terms, the entrepreneur will execute accepted orders with due speed but no later than 30 days, unless a longer delivery time has been agreed upon. If delivery is delayed, or if an order cannot be fulfilled or only partially fulfilled, the consumer will be informed within 30 days after placing the order. In such a case, the consumer has the right to terminate the agreement without any cost and is entitled to compensation.
  4. In case of termination according to the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 30 days after termination.
  5. If delivery of an ordered product proves to be impossible, the entrepreneur will make efforts to provide a replacement item. At the latest at the time of delivery, it will be clearly communicated that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of returning the product will be borne by the entrepreneur.
  6. The risk of damage and/or loss of products remains with the entrepreneur until delivery to the consumer or a previously designated representative, unless explicitly agreed otherwise.

ARTICLE 12 - DURATION TRANSACTIONS, DURATION, TERMINATION, AND EXTENSION

Termination

  1. The consumer may terminate an agreement for an indefinite period that involves the regular delivery of products (including electricity) or services, at any time, observing the agreed termination rules and a notice period of up to one month.
  2. The consumer may terminate an agreement for a fixed period that involves the regular delivery of products (including electricity) or services, at any time, at the end of the fixed period, observing the agreed termination rules and a notice period of up to one month.
  3. The consumer may terminate the agreements referred to in the previous paragraphs:
    • at any time and is not limited to termination at a specific time or during a specific period;
    • at least in the same manner as the agreement was entered into;
    • always with the same notice period that the entrepreneur has agreed upon for themselves.

Extension
4. An agreement for a fixed period that involves the regular delivery of products (including electricity) or services may not be automatically extended or renewed for a fixed period.
5. Notwithstanding the previous paragraph, an agreement for a fixed period that involves the regular delivery of daily, news, and weekly newspapers or magazines may be automatically extended for a fixed period of up to three months, provided the consumer can terminate the extended agreement at the end of the extension with a notice period of up to one month.
6. An agreement for a fixed period that involves the regular delivery of products or services may only be automatically extended for an indefinite period if the consumer can terminate the agreement at any time with a notice period of up to one month, and a notice period of up to three months if the agreement involves the regular delivery of daily, news, and weekly newspapers or magazines, but less than once a month.
7. Agreements of limited duration for the regular delivery of daily, news, and weekly newspapers or magazines (trial or introductory subscriptions) will not be automatically continued and will end at the conclusion of the trial or introductory period.

Duration
8. If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless fairness and equity prevent termination before the agreed duration ends.

ARTICLE 13 - PAYMENT

  1. Unless otherwise agreed upon, the amounts owed by the consumer must be paid within 14 days after the start of the reflection period as referred to in Article 6, paragraph 1. In the case of an agreement for the provision of a service, this period begins after the consumer has received the confirmation of the agreement.
  2. In the sale of products to consumers, no more than 50% of the payment may be requested in advance. If an advance payment is required, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the agreed advance payment has been made.
  3. The consumer is obligated to immediately notify the entrepreneur of any inaccuracies in the provided or indicated payment details.
  4. In case of non-payment by the consumer, the entrepreneur, subject to legal restrictions, has the right to charge reasonable costs, previously disclosed to the consumer.

Klarna Payment Methods

In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment method(s). Payments should be made to Klarna.

  • Pay Later
    For more information, please refer to Klarna's user terms.
    General information about Klarna can be found [here].
    Your personal data will be processed by Klarna in accordance with applicable privacy laws and as described in Klarna’s privacy statement.

ARTICLE 14 - COMPLAINTS PROCEDURE

  1. The entrepreneur has an adequately disclosed complaints procedure and addresses complaints in accordance with this procedure.
  2. Complaints about the performance of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly describing the issue, after the consumer has discovered the defects.
  3. Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within 14 days with an acknowledgment and an indication of when the consumer can expect a more detailed response.
  4. Complaints about a product, service, or the entrepreneur’s service can also be submitted via the complaints form on the website of the Webshop Keurmerk Foundation: www.keurmerk.info. The complaint will then be sent to both the relevant entrepreneur and the Webshop Keurmerk Foundation.
  5. If the complaint cannot be resolved through mutual agreement, a dispute arises that is subject to the dispute resolution procedure.

ARTICLE 15 - DISPUTES

  1. Dutch law applies exclusively to agreements between the entrepreneur and the consumer to which these general terms and conditions apply.
  2. Disputes between the consumer and the entrepreneur concerning the formation or performance of agreements related to products or services provided or to be provided by the entrepreneur, can, subject to the provisions set out below, be submitted by either the consumer or the entrepreneur to the Webshop Disputes Committee, P.O. Box 90600, 2509 LP The Hague (www.sgc.nl).
  3. A dispute will only be considered by the Disputes Committee if the consumer has first submitted the complaint to the entrepreneur within a reasonable time.
  4. The dispute must be submitted to the Disputes Committee in writing within three months of its occurrence.
  5. If the consumer wants to submit a dispute to the Disputes Committee, the entrepreneur is bound by this choice. If the entrepreneur wishes to do so, the consumer must express in writing within five weeks of the written request from the entrepreneur whether they wish to do so or would prefer the dispute to be handled by the competent court. If the entrepreneur does not receive the consumer's choice within the five-week period, the entrepreneur is entitled to submit the dispute to the competent court.
  6. The Disputes Committee will make a ruling in accordance with the rules established in the Disputes Committee regulations. The decisions of the Disputes Committee are made as binding advice.
  7. The Disputes Committee will not handle or will cease handling a dispute if the entrepreneur has been granted a moratorium, has gone bankrupt, or has factually ceased its business operations before the dispute has been dealt with in a session and a final decision has been made.
  8. If, in addition to the Webshop Disputes Committee, another recognized disputes committee affiliated with the Foundation for Consumer Dispute Resolution (SGC) or the Financial Services Complaints Institute (Kifid) is competent, for disputes mainly related to the method of distance selling or services, the Webshop Disputes Committee is exclusively competent. For all other disputes, the other recognized disputes committee affiliated with SGC or Kifid will be competent.

ARTICLE 16 - INDUSTRY GUARANTEE

  1. The Webshop Keurmerk Foundation guarantees the compliance with binding advice from the Webshop Disputes Committee by its members, unless the member decides to submit the binding advice to the court for review within two months after its delivery. This guarantee is reinstated if the binding advice remains intact after review by the court, and the judgment confirming this has become final and conclusive. The Webshop Keurmerk Foundation will pay up to €10,000 per binding advice to the consumer. For amounts exceeding €10,000 per binding advice, €10,000 will be paid. For the remainder, the Webshop Keurmerk Foundation has an obligation of effort to ensure the member complies with the binding advice.
  2. To invoke this guarantee, the consumer must submit a written request to the Webshop Keurmerk Foundation and transfer their claim against the entrepreneur to the Foundation. If the claim exceeds €10,000, the consumer will be offered the option to transfer the amount above €10,000 to the Webshop Keurmerk Foundation. The Foundation will then seek payment of that amount in court, in its own name and at its own expense, to satisfy the consumer.

ARTICLE 17 - ADDITIONAL OR DEVIATING PROVISIONS

Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a manner that the consumer can store them on a durable data carrier in an accessible way.

ARTICLE 18 - CHANGES TO THE GENERAL TERMS AND CONDITIONS OF THE WEBSHOP KEURMERK

  1. The Webshop Keurmerk Foundation will only amend these general terms and conditions in consultation with the Consumers' Association.
  2. Changes to these terms and conditions will only take effect after being published in an appropriate manner, with the understanding that if applicable changes occur during the term of an offer, the most favorable provision for the consumer will prevail.
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