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 – Continuing Performance Transactions: Duration, Termination, and Extension
Article 13 – Payment
Article 14 – Complaints Procedure
Article 15 – Disputes
Article 16 – Additional or Deviating Provisions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

1. Cooling-off period: the period within which the consumer may exercise their right of withdrawal;
2. Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance agreement with the entrepreneur;
3. Day: calendar day;
4. Continuing performance transaction: a distance agreement relating to a series of products, for which the delivery and/or purchase obligation is spread over time;
5. Durable medium: any instrument which enables the consumer or entrepreneur to store information addressed personally to them in a way accessible for future reference and unchanged reproduction of the stored information.
6. Right of withdrawal: the possibility for the consumer to waive the distance agreement within the cooling-off period;
7. Model form: the model withdrawal form provided by the entrepreneur that a consumer can fill out if they wish to exercise their right of withdrawal.
8. Entrepreneur: the natural or legal person who offers products to consumers at a distance;
9. Distance agreement: an agreement whereby, within the framework of a system organized by the entrepreneur for the distance sale of products, exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the agreement;
10. Technique for distance communication: means that can be used for concluding an agreement without the consumer and entrepreneur having met simultaneously in the same room.
11. General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

NaturaBed
Orteliusstraat 91-2
1057 AV Amsterdam
The Netherlands

Email: customers@naturabed.nl
Chamber of Commerce: 95474013
VAT number: NL867144968B01

Article 3 – Applicability

1. These general terms and conditions apply to every offer from the entrepreneur and to every distance agreement concluded and orders between the entrepreneur and the consumer.
2. Before the distance agreement 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 distance agreement is concluded that the general terms and conditions can be inspected at the entrepreneur’s premises and that they will be sent free of charge as soon as possible at the consumer’s request.
3. If the distance agreement is concluded electronically, notwithstanding the previous paragraph and before the distance agreement is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable medium. If this is not reasonably possible, it will be indicated before the distance agreement is concluded where the general terms and conditions can be accessed electronically and that they will be sent electronically or otherwise free of charge at the consumer’s request.
4. In the event that specific product conditions also apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and in the event of conflicting general terms and conditions, the consumer may always rely on the applicable provision that is most favorable to them.
5. If one or more provisions in these general terms and conditions are at any time wholly or partially void or annulled, the agreement and these terms and conditions shall otherwise remain in force, and the relevant provision will be replaced immediately in mutual consultation by a provision that approaches the scope of the original as closely as possible.
6. Situations not regulated in these general terms and conditions should be assessed ‘in the spirit’ of these general terms and conditions.
7. Uncertainties regarding the interpretation or content of one or more provisions of our terms and conditions should be interpreted ‘in the spirit’ of these general terms and conditions.

Article 4 – The Offer

1. If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
2. The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.
3. The offer contains a complete and accurate description of the products offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products offered. Obvious mistakes or manifest errors in the offer do not bind the entrepreneur.
4. All images, specifications, and data in the offer are indicative and cannot be grounds for compensation or dissolution of the agreement.
5. Images accompanying products are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
6. Each offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to the acceptance of the offer. This concerns in particular:

• the price including taxes;
• any shipping costs;
• the manner in which the agreement will be concluded and which actions are required for this;
• whether or not the right of withdrawal applies;
• the method of payment, delivery, and execution of the agreement;
• the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
• the level of the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the communication medium used;
• whether the agreement will be archived after its conclusion, and if so, how it can be consulted by the consumer;
• the way in which the consumer, before concluding the agreement, can check and, if desired, correct the data provided by them in the context of the agreement;
• any other languages in which, besides Dutch, the agreement can be concluded;
• the codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes of conduct electronically; and
• the minimum duration of the distance agreement in the case of a continuing performance transaction.

Article 5 – The Agreement

1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions set therein.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been 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 ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures for this purpose.
4. The entrepreneur may — within legal frameworks — inform themselves whether the consumer can meet their payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance agreement. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, they are entitled to refuse an order or application with reasons or to attach special conditions to the execution.
5. The entrepreneur will send the following information to the consumer with the product, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:

• the visiting address of the entrepreneur’s establishment where the consumer can go with complaints;
• the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal;
• information about warranties and existing after-sales service;
• the data included in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this data to the consumer before the execution of the agreement;
• the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.

6. In the case of a continuing performance transaction, the provision in the previous paragraph applies only to the first delivery.
7. Every agreement is entered into under the suspensive conditions of sufficient availability of the relevant products.

Article 6 – Right of Withdrawal

Upon delivery of products:

1. When purchasing products, the consumer has the option to dissolve the agreement without giving reasons for 14 days. This cooling-off period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur.
2. During the cooling-off period, the consumer will handle the product and the 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, they will return the product with all delivered accessories and — if reasonably possible — in the original state and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
3. If the consumer wishes to exercise their right of withdrawal, they are obliged to make this known to the entrepreneur within 14 days after receipt of the product. The consumer must make this known using the model form or by means of another communication method such as email. After the consumer has made it known that they wish to exercise their right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered items were returned on time, for example by means of proof of shipment.
4. If the customer has not made it known that they wish to exercise their right of withdrawal or has not returned the product to the entrepreneur after the periods mentioned in paragraphs 2 and 3 have expired, the purchase is a fact.

Article 7 – Costs in Case of Withdrawal

1. The consumer bears the direct costs of returning the product.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than within 14 days after withdrawal. This is subject to the condition that the product has already been received back by the webshop owner or conclusive proof of complete return can be provided. Reimbursement will be made via the same payment method used by the consumer unless the consumer explicitly gives permission for a different payment method.
3. In case of damage to the product due to careless handling by the consumer themselves, the consumer is liable for any reduction in value of the product.
4. The consumer cannot be held liable for a reduction in value of the product if the entrepreneur has not provided all legally required information about the right of withdrawal; this must be done before the conclusion of the purchase agreement.

Article 8 – Exclusion of the Right of Withdrawal

1. The entrepreneur can exclude the consumer’s right of withdrawal for products as described in paragraph 2. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, or at least in a timely manner before the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for products:

• that have been created by the entrepreneur in accordance with the consumer’s specifications;
• that are clearly personal in nature;
• that by their nature cannot be returned;
• that can spoil or age quickly;
• whose price is subject to fluctuations on the financial market over which the entrepreneur has no influence;
• for individual newspapers and magazines;
• for audio and video recordings and computer software of which the consumer has broken the seal;
• for hygienic products of which the consumer has broken the seal.

Article 9 – The Price

1. During the period of validity stated in the offer, the prices of the products offered will not be increased, except for price changes as a result of changes in VAT rates.
2. Notwithstanding the previous paragraph, the entrepreneur may offer products whose prices are subject to fluctuations on the financial market and over which the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any stated prices are target prices will be stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:

• these are the result of statutory regulations or provisions; or
• the consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.

5. The prices mentioned in the offer of products include VAT.
6. 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 entrepreneur is not obliged to deliver the product according to the incorrect price.

Article 10 – Conformity and Warranty

1. The entrepreneur guarantees that the products comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. A 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.
3. The legal warranty applies to all products. The duration of the legal warranty may vary based on the nature of the product.
4. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months after discovery of the defect.
5. The warranty does not apply if:

• the consumer has repaired and/or processed the delivered products themselves or has had them repaired and/or processed by third parties;
• the delivered products have been exposed to abnormal conditions or otherwise handled carelessly or in violation of the instructions of the entrepreneur and/or on the packaging;
• the defect is wholly or partially the result of regulations that the government has set or will set regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution

1. The entrepreneur will exercise the greatest possible care when receiving and executing orders for products.
2. The place of delivery is the address that the consumer has made known to the company.
3. With due observance of what is stated in paragraph 4 of this article, the company will execute accepted orders with convenient speed but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will receive notice of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement at no cost. The consumer is not entitled to compensation.
4. All delivery terms are indicative. The consumer cannot derive any rights from any stated terms. Exceeding a term does not entitle the consumer to compensation.
5. In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than within 14 days after dissolution.
6. If delivery of an ordered product proves impossible, the entrepreneur will make an effort to provide a replacement item. No later than upon delivery, it will be reported in a clear and understandable manner that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are for the account of the entrepreneur.
7. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless explicitly agreed otherwise.

Article 12 – Continuing Performance Transactions: Duration, Termination, and Extension

Termination

1. The consumer may terminate an agreement entered into for an indefinite period and which extends to the regular delivery of products at any time, subject to agreed termination rules and a notice period of no more than one month.
2. The consumer may terminate an agreement entered into for a definite period and which extends to the regular delivery of products at any time towards the end of the definite duration, subject to agreed termination rules and a notice period of no more than one month.
3. The consumer may terminate the agreements mentioned in the previous paragraphs:

• at any time and not be limited to termination at a specific time or in a specific period;
• at least terminate in the same way as they were entered into by them;
• always terminate with the same notice period as the entrepreneur has stipulated for themselves.

Extension

1. An agreement entered into for a definite period and which extends to the regular delivery of products may not be tacitly extended or renewed for a definite duration.
2. Notwithstanding the previous paragraph, an agreement entered into for a definite period and which extends to the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a definite duration of a maximum of three months, if the consumer can terminate this extended agreement towards the end of the extension with a notice period of no more than one month.
3. An agreement entered into for a definite period and which extends to the regular delivery of products may only be tacitly extended for an indefinite duration if the consumer may terminate at any time with a notice period of no more than one month and a notice period of no more than three months in case the agreement extends to the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.
4. An agreement with a limited duration for the regular delivery of daily, news, and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.

Duration

1. 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 oppose termination before the end of the agreed duration.

Article 13 – Payment

1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period as referred to in Article 6 paragraph 1.
2. The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
3. In case of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.

Article 14 – Complaints Procedure

1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within 2 months after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
4. It can always happen that something doesn’t go quite as planned. We recommend that you first make complaints known to us by emailing customers@naturabed.nl. If this does not lead to a solution, it is possible to register your dispute for mediation via WebwinkelKeur via https://www.webwinkelkeur.nl/kennisbank/consumenten/geschil.
5. If the complaint cannot be resolved in mutual consultation, a dispute arises that is subject to the dispute settlement procedure.
6. A complaint does not suspend the entrepreneur’s obligations, unless the entrepreneur indicates otherwise in writing.
7. If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will, at its choice, either replace or repair the delivered products free of charge.

Article 15 – Disputes

1. Agreements between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law. Even if the consumer resides abroad.
2. The Vienna Sales Convention does not apply.

Article 16 – Additional or Deviating Provisions

Additional provisions or provisions deviating 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 way that they can be stored by the consumer in an accessible manner on a durable medium.