Terms and Conditions

Cooling-off period: the period within which the consumer may exercise their right of withdrawal;
Consumer: a natural person who is not acting in the course of a profession or business and enters into a distance contract with the trader;
Day: calendar day;
Duration transaction: a distance contract relating to a series of products and/or services, the obligation to deliver and/or take delivery of which is spread over time;
Durable medium: any medium by which the consumer or trader can store information addressed to them personally in such a way that it can be accessed and reproduced in an unaltered form at a later date.
Right of withdrawal: the consumer's right to withdraw from the distance contract within the cooling-off period;
Model withdrawal form: the model withdrawal form provided by the trader, which the consumer may complete if they wish to exercise their right of withdrawal.
Trader: a natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: a contract concluded within the framework of a system organised by the trader for the distance sale of products and/or services, where, up to and including the conclusion of the contract, only one or more distance communication techniques are used;
Distance communication technique: a means that may be used to conclude a contract without the consumer and trader meeting simultaneously in the same place.
General Terms and Conditions: these General Terms and Conditions of the trader.

Article 2 – Identity of the trader

BedBedBed.nl / BedBedBed.be / BedBedBed.de is an online shop of Engel Slaapcomfort

Registered address:
Molenstraat 10
4844 AN Terheijden

Company details:
Chamber of Commerce: 20028445
VAT: NL001675605B24

Contact details:
Telephone: +31 (0)6-48584830
E-mail: info@bedbedbed.nl

Article 3 – Applicability

These general terms and conditions apply to any offer made by the trader and to any distance contract concluded and any orders placed between the trader and the consumer.

Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, the consumer shall be informed before the distance contract is concluded that the general terms and conditions are available from the trader and shall be sent to the consumer free of charge as soon as possible upon request.
If the distance contract is concluded electronically, the text of these general terms and conditions may, notwithstanding the preceding paragraph and before the distance contract is concluded, be made available to the consumer by electronic means in such a way that the consumer may easily store it on a durable medium. If this is not reasonably possible, the consumer shall be informed before the distance contract is concluded where the general terms and conditions may be accessed by electronic means and that they shall be sent to the consumer free of charge by electronic means or by other means upon request.
If, in addition to these general terms and conditions, specific product or service terms and conditions also apply, the second and third paragraphs shall apply accordingly and, in the event of conflicting general terms and conditions, the consumer may always rely on the applicable provision that is most favourable to them.
If one or more provisions of these general terms and conditions are at any time wholly or partially invalid or unenforceable, the rest of the contract and these terms and conditions shall remain in force and the provision in question shall be replaced as soon as possible by agreement between the parties with a provision that approximates the original intent as closely as possible.
Situations not covered by these general terms and conditions shall be assessed in accordance with the spirit of these general terms and conditions.
Any ambiguity regarding the interpretation or content of one or more provisions of our terms and conditions shall be interpreted in accordance with the spirit of these general terms and conditions.

Article 4 – The offer

If an offer has a limited validity period or is subject to conditions, this shall be clearly stated in the offer.

The offer is non-binding. The trader is entitled to change and adapt the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the trader uses images, these shall be a faithful representation of the products and/or services offered. Obvious misunderstandings or obvious errors in the offer do not bind the trader.
All images, specifications and data in the offer are indicative and may not give rise to a claim for damages or rescission of the contract.
Images accompanying products are a faithful representation of the products offered. The trader cannot guarantee that the displayed colours exactly match the actual colours of the products.
Each offer contains such information that the consumer clearly understands their rights and obligations associated with accepting the offer. This includes in particular:
the price including taxes;
any shipping costs;
the manner in which the contract will be concluded and the actions required for this;
whether the right of withdrawal applies;
the method of payment, delivery and performance of the contract;
the period for accepting the offer, or the period during which the trader guarantees the price;
the rate for distance communication if the costs of using the distance communication technique are calculated on a basis other than the regular basic rate for the communication medium used;
whether the contract is archived after conclusion and, if so, how the consumer may access it;
the manner in which the consumer may check and, if desired, correct the data they have provided in connection with the contract before concluding the contract;
any other languages in which, in addition to Dutch, the contract may be concluded;
the codes of conduct to which the trader has submitted and the manner in which the consumer may access these codes of conduct by electronic means; and
the minimum duration of the distance contract in the event of a duration transaction.
Optional: available sizes, colours, types of materials.

Article 5 – The agreement

Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and complies with the conditions attached thereto.

If the consumer has accepted the offer by electronic means, the trader shall immediately confirm receipt of the acceptance by electronic means. As long as the trader has not confirmed receipt of this acceptance, the consumer may rescind the contract.
If the contract is concluded electronically, the trader shall take appropriate technical and organisational measures to secure the electronic transmission of data and shall ensure a secure web environment. If the consumer can pay electronically, the trader shall take appropriate security measures.
The trader may – within legal limits – ascertain whether the consumer can fulfil their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance contract. If, on the basis of this assessment, the trader has good grounds not to enter into the contract, they are entitled to refuse an order or request with reasons or to attach special conditions to its performance.
The trader shall send the following information to the consumer with the product or service, either in writing or in such a way that the consumer can easily store it on a durable medium:
the visiting address of the trader's establishment where the consumer can lodge complaints;
the conditions under which and the manner in which the consumer may exercise their right of withdrawal, or a clear statement that the right of withdrawal is excluded;
information about warranties and existing after-sales service;
the information included in Article 4, paragraph 3 of these terms and conditions, unless the trader has already provided this information to the consumer before the performance of the contract;
the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.
In the event of a duration transaction, the provision in the preceding paragraph only applies to the first delivery.
Every contract is entered into subject to the suspensive conditions that the relevant products are sufficiently available.

Article 6 – Right of withdrawal

For the delivery of products:

When purchasing products, the consumer has the option to rescind the contract without stating reasons within 14 days. This cooling-off period begins on the day after the consumer or a representative previously designated by the consumer and notified to the trader receives the product.
During the cooling-off period, the consumer shall handle the product and its packaging with care. They shall only unpack or use the product to the extent necessary to assess whether they wish to keep it. If they exercise their right of withdrawal, they shall return the product to the trader with all supplied accessories and – if reasonably possible – in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the trader.
If the consumer wishes to exercise their right of withdrawal, they are obliged to notify the trader of this within 14 days after receiving the product. The consumer must notify the trader using the model withdrawal form. After the consumer has notified the trader of their intention to exercise their right of withdrawal, they must return the product within 14 days. The consumer must prove that the delivered items were returned on time, for example by providing proof of shipment.
If the customer has not notified the trader of their intention to exercise their right of withdrawal or has not returned the product to the trader within the periods mentioned in paragraphs 2 and 3, the purchase is final.
For the delivery of services:

When services are delivered, the consumer has the option to rescind the contract without stating reasons within at least 14 days, starting on the day the contract is concluded.
To exercise their right of withdrawal, the consumer shall follow the reasonable and clear instructions provided by the trader in the offer and/or, at the latest, at the time of delivery.

Article 7 – Costs in case of withdrawal

If the consumer exercises their right of withdrawal, they shall bear at most the costs of return shipment.

If the consumer has paid an amount, the trader shall refund this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that the product has already been received back by the online retailer or conclusive proof of complete return has been provided.

Article 8 – Exclusion of the right of withdrawal

The trader may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the trader has clearly stated this in the offer, at least before the contract is concluded.

The right of withdrawal may only be excluded for products:
that are created by the trader according to the consumer's specifications;
that are clearly personal in nature;
that cannot be returned due to their nature;
that can deteriorate or become obsolete quickly;
whose price is subject to fluctuations in the financial market over which the trader has no control;
for loose newspapers and magazines;
for audio and video recordings and computer software whose seal has been broken by the consumer.
for hygiene products whose seal has been broken by the consumer.
The right of withdrawal may only be excluded for services:
relating to accommodation, transport, restaurant services or leisure activities to be performed on a specific date or during a specific period;
for which delivery has begun with the express consent of the consumer before the cooling-off period has expired;
relating to bets and lotteries.

Article 9 – The price

During the validity period stated in the offer, the prices of the products and/or services offered shall not be increased, except for price changes resulting from changes in VAT rates.

Notwithstanding the preceding paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market over which the trader has no control at variable prices. This link to fluctuations and the fact that any stated prices are indicative prices shall be stated in the offer.
Price increases within 3 months after the contract is concluded are only permitted if they result from statutory regulations or provisions.
Price increases from 3 months after the contract is concluded are only permitted if the trader has agreed to this and:
they result from statutory regulations or provisions; or
the consumer has the right to terminate the contract with effect from the day the price increase takes effect.
The prices mentioned in the offer of products or services include VAT.
All prices are subject to printing – and typographical errors. No liability is accepted for the consequences of printing – and typographical errors. In the event of printing – and typographical errors, the trader is not obliged to deliver the product at the incorrect price.

Article 10 – Conformity and Warranty

The trader is responsible for ensuring that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of fitness for purpose and/or usability, and the statutory provisions and/or government regulations in force on the date the contract is concluded. If agreed, the trader is also responsible for ensuring that the product is suitable for use other than normal use.

A warranty provided by the trader, manufacturer, or importer does not affect the consumer's statutory rights and remedies against the trader under the contract.
Any defects or incorrectly delivered products must be reported in writing to the trader within X days/weeks after delivery. The products must be returned in their original packaging and in new condition.
The trader's warranty period corresponds to the manufacturer's warranty period. However, the trader shall never be responsible for the ultimate 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 and/or modified the delivered products themselves or had them repaired and/or modified by third parties;
The delivered products have been exposed to abnormal conditions or otherwise handled carelessly or in violation of the trader's instructions and/or the instructions on the packaging;
The defect is wholly or partially the result of regulations imposed by the government regarding the nature or quality of the materials used.

Article 11 – Delivery and performance

The trader shall exercise the utmost care when receiving and performing orders for products and when assessing requests for the provision of services.

The place of delivery is the address that the consumer has made known to the company.
Subject to what is stated in paragraph 4 of this article, the company shall fulfil accepted orders with due speed, but no later than 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer shall be informed thereof no later than 30 days after placing the order. In that case, the consumer has the right to rescind the agreement without incurring any costs. The consumer has no right to compensation.
All delivery periods are indicative. The consumer may not derive any rights from any stated periods. Exceeding a period does not entitle the consumer to compensation.
In the event of rescission in accordance with paragraph 3 of this article, the trader shall refund the amount paid by the consumer as soon as possible, but no later than 14 days after rescission.
If delivery of an ordered product proves impossible, the trader shall make reasonable efforts to make a replacement item available. No later than delivery, it shall be clearly and understandably stated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment shall be borne by the trader.
The risk of damage and/or loss of products rests with the trader until delivery to the consumer or a representative previously designated and made known to the trader, unless expressly agreed otherwise.

Article 12 – Continuous transactions: duration, termination and extension

Termination

The consumer may terminate an agreement entered into for an indefinite period and which provides for the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate an agreement entered into for a fixed period and which provides for the regular delivery of products (including electricity) or services at any time at the end of the fixed period, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may:
terminate the agreements referred to in the preceding paragraphs at any time and shall not be restricted to termination at a specific time or during a specific period;
terminate them at least in the same manner as they were entered into;
always terminate them with the same notice period as the trader has agreed for itself.
Extension

An agreement entered into for a fixed period and which provides for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.
Notwithstanding the preceding paragraph, an agreement entered into for a fixed period and which provides for the regular delivery of daily, news and weekly newspapers and magazines may be tacitly extended for a fixed period of no more than three months, provided that the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.
An agreement entered into for a fixed period and which provides for the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month and a notice period of no more than three months in the event that the agreement provides for the regular delivery, but less than once a month, of daily, news and weekly newspapers and magazines.
An agreement of limited duration for the regular delivery of daily, news and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) shall not be tacitly continued and shall automatically end after the trial or introductory period.
Duration

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 reasonableness and fairness preclude termination before the end of the agreed duration.

Article 13 – Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the expiry of the cooling-off period as referred to in Article 6, paragraph 1. In the event of an agreement to provide a service, this period shall commence after the consumer has received confirmation of the agreement.

The consumer has the obligation to promptly report any inaccuracies in the payment details provided or stated to the trader.
In the event of non-payment by the consumer, the trader has the right, subject to legal limitations, to charge the reasonable costs previously made known to the consumer.

Article 14 – Complaints procedure

The trader has a sufficiently publicized complaints procedure and shall handle the complaint in accordance with this complaints procedure.

Complaints about the performance of the agreement must be submitted to the trader in full and clear detail within 7 days after the consumer has identified the defects.
Complaints submitted to the trader shall be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader shall respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
If the complaint cannot be resolved through mutual agreement, a dispute shall arise that is subject to the dispute resolution procedure.
For complaints that cannot be resolved through mutual agreement, the consumer should contact Stichting WebwinkelKeur (webwinkelkeur.nl), which will mediate free of charge. If no solution is reached, the consumer has the option to have their complaint handled by Stichting Geschil Online; its ruling is binding, and both the trader and the consumer agree to this binding ruling. Submitting a dispute to this dispute committee involves costs that must be paid by the consumer to the relevant committee.
A complaint does not suspend the trader's obligations unless the trader states otherwise in writing.
If a complaint is found to be justified by the trader, the trader shall, at its discretion, replace or repair the delivered products free of charge.

Article 15 – Disputes

For agreements between the trader and the consumer to which these general terms and conditions apply, Dutch law shall apply exclusively. Even if the consumer is resident abroad.

The Vienna Convention on Contracts for the International Sale of Goods does not apply.

Article 16 – 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 they can be stored by the consumer in an accessible way on a durable data carrier.