General 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 revocation
Article 8 - Exclusion of right of withdrawal
Article 9 - The price
Article 10 - Conformity and warranty
Article 11 - Delivery and execution
Article 12 - Duration transactions: duration, cancellation and renewal
Article 13 - Payment
Article 14 - Complaints Procedure
Article 15 - Disputes
Article 16 - Additional or deviating provisions

Article 1 - Definitions

In these conditions, the following terms are understood:

  1. Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
  2. Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
  3. Day: calendar day;
  4. Duration transaction: a distance contract concerning a series of products and/or services, where the delivery and/or acceptance obligation is spread over time;
  5. Durable medium: any means that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows future consultation and unchanged reproduction of the stored information.
  6. Right of withdrawal: the option for the consumer to withdraw from the distance contract within the cooling-off period;
  7. Model form: the model form for withdrawal that the entrepreneur provides which a consumer can fill out when they want to exercise their right of withdrawal.
  8. Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers;
  9. Distance contract: a contract in which, within the framework of a system organized by the entrepreneur for the remote sale of products and/or services, up to and including the conclusion of the contract, exclusive use is made of one or more techniques for remote communication;
  10. Technology for remote communication: a means that can be used to conclude an agreement without the consumer and entrepreneur being together in the same space at the same time.
  11. General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the entrepreneur

Impora B.V.
Kerver 11 
5521DA Eersel
E-mail address: Hello@thehappybed.com
Chamber of Commerce number: 93326408


Article 3 - Applicability

  1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and orders made between the entrepreneur and the consumer.
  2. Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be viewed at the entrepreneur's and they will be sent to the consumer as soon as possible free of charge upon request.
  3. If the distance contract is concluded electronically, deviating from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can 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, before the distance contract is concluded, it will be indicated where the general terms and conditions can be accessed electronically and that they will be sent electronically or by other means free of charge upon the consumer's request.
  4. In the event that specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs shall apply correspondingly, and the consumer can always invoke the applicable provision that is most favorable to them in case of conflicting general terms and conditions.
  5. If one or more provisions in these general terms and conditions are at any time wholly or partially void or destroyed, then the agreement and these conditions shall otherwise remain in effect, and the relevant provision shall be immediately replaced by mutual agreement with a provision that approximates the intent of the original as closely as possible.
  6. Situations not covered by these terms and conditions should be assessed 'in the spirit' of these terms and conditions.
  7. Ambiguities regarding the interpretation or content of one or more provisions of our terms should be interpreted 'in the spirit' of these general terms and conditions.

Article 4 - The Offer

  1. If an offer has a limited duration or is subject to conditions, this will be explicitly stated in the offer.
  2. The offer is without obligation. The entrepreneur is entitled to modify and adjust the offer.
  3. The offer includes a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a good assessment of the offer by the consumer. If the entrepreneur uses images, they are a truthful representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
  4. All images, specifications, and data in the offer are indicative and cannot be a reason for compensation or dissolution of the contract.
  5. Images of products are a truthful 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 particularly concerns:
  • the price including taxes;
  • the possible 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 rate for remote communication if the costs of using the remote communication technology are calculated on a basis other than the regular base rate for the communication medium used;
  • whether the agreement is archived after its conclusion, and if so, how it can be accessed by the consumer;
  • the manner in which the consumer, before concluding the contract, can check the data provided by him in the context of the contract and, if desired, correct it;
  • the possible other languages in which, in addition to Dutch, the agreement may be concluded;
  • the codes of conduct to which the entrepreneur has subscribed and the way in which the consumer can consult these codes of conduct electronically; and
  • the minimum duration of the distance contract in case of a continuous 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 meets the conditions set therein.
  2. If the consumer has accepted the offer electronically, the entrepreneur immediately confirms the receipt of the acceptance of the offer electronically. As long as the agreement of this acceptance has not been confirmed by the entrepreneur, the consumer can 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 secure web environment. If the consumer can make payments electronically, the entrepreneur will take appropriate security measures.
  4. The entrepreneur can - within legal frameworks - ascertain whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for responsibly entering into a distance contract. If, based on this investigation, the entrepreneur has good grounds to not enter into the contract, he is entitled to refuse an order or request with reasons, or to attach special conditions to the execution.
  5. The entrepreneur shall provide the consumer with the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium, along with the product or service:
  • 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 statement regarding the exclusion from the right of withdrawal;
  • the information about warranties and existing service after purchase;
  • the data included in Article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this data to the consumer before the execution of the agreement;
  • the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration.
  1. In the case of a continuing transaction, the provision in the previous paragraph applies only to the first delivery.
  2. Every agreement is entered into subject to 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 stating reasons for a period of 30 days. This reflection period begins the day after the product is received by the consumer or a representative previously designated by the consumer and made known to the entrepreneur.
  2. During the cooling-off period, the consumer will handle the product and packaging carefully. He will only unpack or use the product to the extent necessary to determine whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all the accessories provided and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
  3. When the consumer wishes to exercise his right of withdrawal, he is obliged to notify the entrepreneur within 30 days after receiving the product. The notification must be made by the consumer using the model form or through another means of communication such as by email. After the consumer has indicated his desire to exercise his right of withdrawal, the customer must return the product within 30 days. The consumer must prove that the goods were returned on time, for example by providing proof of shipment.
  4. If the customer has not indicated after the periods mentioned in paragraphs 2 and 3 that they wish to exercise their right of withdrawal, or has not returned the product to the entrepreneur, the purchase is final.

Upon delivery of services:

  1. Upon delivery of services, the consumer has the option to dissolve the agreement without stating reasons for at least 14 days, starting on the day the agreement is entered into.
  2. To exercise his right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest at the time of delivery.

Article 7 - Costs in case of revocation

  1. If the consumer exercises their right of withdrawal, they shall bear no more than the cost of returning the goods.
  2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after revocation. This is subject to the condition that the product has already been received back by the online retailer or conclusive proof of complete return can be provided. Refund will be made using the same payment method that the consumer used unless the consumer explicitly gives permission for a different payment method.
  3. If the product is damaged due to careless handling by the consumer themselves, the consumer is liable for any depreciation of the product.
  4. The consumer cannot be held liable for the depreciation of the product when 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 right of withdrawal

  1. The entrepreneur can 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 entrepreneur has clearly stated this in the offer, or at least in a timely manner before the conclusion of the contract.
  2. Exclusion of the right of withdrawal is only possible for products:
  • that have been made by the entrepreneur in accordance with the consumer's specifications;
  • that are clearly of a personal nature;
  • which by their nature cannot be returned;
  • that can spoil or become obsolete quickly;
  • whose price is tied to fluctuations in the financial market over which the entrepreneur has no control;
  • for individual newspapers and magazines;
  • for audio and video recordings and computer software whose seals have been broken by the consumer;
  • for hygienic products where the consumer has broken the seal.
  1. Exclusion of the right of withdrawal is only possible for services:
  • concerning accommodation, transport, restaurant services or leisure activities to be provided on a specific date or during a specific period;
  • where delivery has begun with the consumer's explicit consent before the cooling-off period has expired;
  • concerning bets and lotteries.

Article 9 - The price

  1. During the validity period mentioned in the offer, the prices of the offered products and/or services will not be increased, except for price changes resulting from 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 and over which the entrepreneur has no control, at variable prices. This susceptibility to 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 agreement has been established are only allowed if they result from statutory regulations or provisions.
  4. Price increases from 3 months after the agreement has been concluded are only allowed if the entrepreneur has stipulated this and: 
  • these are the result of legal regulations or provisions; or
  • the consumer has the authority to terminate the agreement as of the day the price increase takes effect.
  1. The prices mentioned in the range of products or services include VAT.
  2. All prices are subject to print and typesetting errors. No liability is accepted for the consequences of print and typesetting errors. In the event of print and typesetting errors, the entrepreneur is not obliged to deliver the product at the incorrect price. 

Article 10 - Conformity and warranty

  1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications mentioned in the offer, meet reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations existing at the date of the agreement's formation. If agreed upon, 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. Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within 2 months of delivery. The products must be returned in the original packaging and in new condition.
  4. The warranty period of the entrepreneur corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
  5. The warranty does not apply if:
  • the consumer has repaired and/or modified the delivered products themselves, or has had them repaired and/or modified by third parties;
  • the delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or in violation of the instructions of the entrepreneur and/or have been handled as per the packaging;
  • the inadequacy is wholly or partly the result of regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.

Article 11 - Delivery and execution

  1. The entrepreneur will exercise the utmost care in receiving orders for products and in executing them, as well as in assessing applications for the provision of services.
  2. The place of delivery is the address that the consumer has made known to the company.
  3. In accordance with what is stated in paragraph 4 of this article, the company will execute accepted orders with due speed but no later than 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be notified no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without costs. The consumer is not entitled to compensation. 
  4. All delivery times are indicative. The consumer cannot derive any rights from the mentioned periods. Exceeding a period does not entitle the consumer to compensation.
  5. In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but no later than 30 days after dissolution.
  6. If delivery of an ordered product proves to be impossible, the entrepreneur will endeavor to provide a replacement item. At the latest upon delivery, it will 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 a possible return shipment are borne by the entrepreneur.
  7. The risk of damage and/or loss of products lies with the entrepreneur until the moment of delivery to the consumer or a previously designated and known representative to the entrepreneur, unless explicitly agreed otherwise.

Article 12 - Duration transactions: duration, cancellation and renewal

Cancellation

  1. The consumer can terminate an agreement that has been entered into for an indefinite period and that involves the regular delivery of products (including electricity) or services, at any time, with due observance of the agreed termination rules and a notice period of no more than one month.
  2. The consumer can terminate an agreement that has been entered into for a fixed period and that involves the regular delivery of products (including electricity) or services, at any time towards the end of the fixed period, subject to the agreed termination rules and a notice period of no more than one month.
  3. The consumer may the agreements mentioned in the previous members:
  • terminate at any time and not be limited to termination at a specific time or in a specific period;
  • terminate at least in the same manner as they were entered into by him;
  • always cancel with the same notice period as the entrepreneur has negotiated for themselves.

Extension

  1. An agreement that has been entered into for a fixed period of time and that involves the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a fixed period.
  2. Notwithstanding the previous paragraph, a contract that has been entered into for a fixed period and that involves the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a fixed period of up to three months, provided that the consumer can terminate this extended contract at the end of the extension with a notice period of no more than one month.
  3. An agreement that has been entered into for a fixed period and that involves the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer is allowed to 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 the case the agreement involves the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.
  4. A fixed-term agreement for the regular delivery of daily, news, and weekly papers and magazines (trial or introductory subscription) is not automatically renewed and ends automatically after the trial or introductory period.

Expensive

  1. If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after a 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 commencement of the reflection period as referred to in Article 6 paragraph 1. In the case of an agreement to provide a service, this period begins after the consumer has received the confirmation of the agreement.
  2. The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
  3. In the event of the consumer's default, the entrepreneur has the right, except for legal limitations, 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 to the entrepreneur fully and clearly described within 2 months after the consumer has noticed the defects.
  3. Complaints submitted to the entrepreneur will be responded to 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 receipt acknowledgment and an indication of when the consumer can expect a more detailed answer.
  4. If the complaint cannot be resolved through mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
  5. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
  6. If a complaint is found to be valid by the entrepreneur, the entrepreneur will, at their discretion, either replace or repair the delivered products free of charge.

Article 15 - Disputes

  1. On agreements between the entrepreneur and the consumer to which these general terms and conditions apply, only Dutch law is applicable. Even if the consumer resides abroad.
  2. The Vienna Sales Convention 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 way that they can be stored by the consumer in an accessible manner on a durable medium.

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