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 right of withdrawal
Article 9 - The price
Article 10 - Conformity and warranty
Article 11 - Delivery and execution
Article 12 - Long-term contracts: duration, cancellation, and extension
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Extra or different provisions

Article 1 - Definitions

In these terms, the following means:

1. Cooling off period: the period in which the consumer can use their right of withdrawal;
2. Consumer: the individual who isn't acting in a professional or business capacity and enters into a distance contract with the business owner;
3. Day: calendar day;
4. Ongoing transaction: a distance contract about a series of products and/or services, where the obligation to deliver and/or receive is spread out over time;
5. Durable data carrier: any tool that allows the consumer or business owner to store information addressed to them personally, in a way that makes future access and unchanged reproduction of the stored info possible.
6. Right of withdrawal: the option for the consumer to cancel the distance contract within the cooling off period;
7. Model form: the withdrawal form provided by the business owner that a consumer can fill out if they want to use their right of withdrawal.
8. Business owner: the individual or legal entity who offers products and/or services remotely to consumers;
9. Distance contract: an agreement where, as part of a system set up by the business owner for selling products and/or services remotely, only one or more remote communication methods are used up to and including the moment the contract is made;
10. Means of distance communication: a tool that can be used to conclude an agreement without the consumer and entrepreneur being together in the same room 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
Email 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 order 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 isn't 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 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, then, contrary to 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 the consumer can easily store them on a durable data carrier. If this isn't reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be viewed electronically and that they will be sent to the consumer free of charge electronically or in another way upon request.
4. If, in addition to these general terms and conditions, specific product or service terms also apply, the second and third paragraphs apply accordingly, and in case of conflicting general terms, the consumer can always rely on the 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 partly void or annulled, the agreement and the rest of these terms and conditions will remain in effect, and the relevant provision will be replaced as soon as possible by mutual agreement with a provision that comes as close as possible to the original intent.
6. Situations that aren't covered by these general terms and conditions should be assessed in the spirit of these general terms and conditions.
7. If there are any uncertainties about the interpretation or content of one or more provisions of our terms and conditions, they should be interpreted in the spirit of these general terms and conditions.

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 is non binding. The business is allowed to change or adjust the offer.
3. The offer contains a complete and accurate description of the products and/or services offered. The description is detailed enough for the customer to properly assess the offer. If the business uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the business.
4. All images and specifications in the offer are just for reference and can’t be used as grounds for compensation or to cancel the agreement.
5. Product images are a true representation of the products offered. The business can’t guarantee that the colors shown will match the actual colors of the products exactly.
6. Every offer contains enough information so the customer knows exactly what their rights and obligations are if they accept the offer. This includes, in particular:

• the price including taxes;
• any possible shipping costs;
• how the agreement will be made and what steps are needed for that;
• whether or not the right of withdrawal applies;
• how payment, delivery, and execution of the agreement will take place;
• the period for accepting the offer, or the period during which the business guarantees the price;
• the rate for remote communication if the cost of using the technology for remote communication is calculated differently than the standard base rate for the communication method used;
• whether the agreement will be archived after it’s made, and if so, how the customer can access it;
• how the customer can check and, if needed, correct the information they provided before finalizing the agreement;
• any other languages, besides Dutch, in which the agreement can be made;
• the codes of conduct the business has agreed to and how the customer can check these codes of conduct online; and
• the minimum duration of the distance contract in case of a long term agreement.

Article 5 - The agreement

1. The agreement is made, subject to the provisions in paragraph 4, at the moment the customer accepts the offer and meets the conditions that come with it.
2. If the customer accepts the offer online, the business will immediately confirm receipt of that acceptance electronically. Until the business has confirmed this acceptance, the customer can still cancel the agreement.
3. If the agreement is made electronically, the seller will take appropriate technical and organizational measures to secure the electronic transfer of data and make sure the website is safe. If the customer can pay electronically, the seller will also take suitable security measures for that.
4. Within the limits of the law, the seller can check whether the customer can meet their payment obligations, as well as any facts and factors that are important for responsibly entering into a remote agreement. If the seller has good reasons based on this check not to enter into the agreement, they are allowed to refuse an order or request with reasons, or attach special conditions to carrying it out.
5. The seller will send the customer the following information with the product or service, either in writing or in a way that the customer can easily save it on a durable data carrier:

• the address of the seller's business location where the customer can go with complaints;
• the conditions and the way the customer can use their right of withdrawal, or a clear statement if the right of withdrawal is excluded;
• the information about warranties and any after sales service;
• the details listed in article 4 section 3 of these terms, unless the seller has already given this information to the customer before carrying out the agreement;
• the requirements for ending the agreement if it lasts more than a year or is for an indefinite period.

1. If it's a long term contract, the rule in the previous section only applies to the first delivery.
2. Every agreement is made under the condition that the relevant products are sufficiently available.

Article 6 - Right of Withdrawal

For product deliveries:

1. When buying products, the customer has the option to cancel the agreement without giving any reason for 30 days. This cooling off period starts the day after the customer or a representative chosen by the customer and made known to the seller receives the product.
2. During the cooling off period, the customer should handle the product and its packaging with care. They should only unpack or use the product as much as needed to decide if they want to keep it. If they use their right of withdrawal, they have to return the product with all the accessories that came with it and, if reasonably possible, in its original condition and packaging, following the clear and reasonable instructions provided by the seller.
3. When the consumer wishes to use their right of withdrawal, they are required to notify the entrepreneur within 30 days after receiving the product. The consumer must do this using the model form or another means of communication such as email. After the consumer has indicated they wish to use their right of withdrawal, the customer must return the product within 30 days. The consumer must prove that the goods have been 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 use their right of withdrawal or has not returned the product to the entrepreneur, the purchase is final.

For the provision of services:

1. For the provision of services, the consumer has the option to dissolve the agreement without giving any reason for at least 14 days, starting from the day the agreement is entered into.
2. To use their right of withdrawal, the consumer must follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.

Article 7 - Costs in case of withdrawal

1. If the consumer makes use of their right of withdrawal, at most the return shipping costs are at their expense.
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 withdrawal. The condition is that the product has already been received back by the online retailer or conclusive proof of complete return can be provided. The refund will be made using the same payment method used by the consumer unless the consumer explicitly agrees to a different payment method.
3. If the product is damaged due to careless handling by the consumer, the consumer is liable for any decrease in value of the product.
4. The consumer cannot be held liable for any decrease in value of the product if the entrepreneur has not provided all legally required information about the right of withdrawal, which must be done before the purchase agreement is concluded.

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 time before the agreement is concluded.
2. Exclusion of the right of withdrawal is only possible for products:

• that have been made by the entrepreneur according to the consumer's specifications;
• that are clearly personal in nature;
• that by their nature cannot be returned;
• that can spoil or age quickly;
• where the price is tied to fluctuations in the financial market that the entrepreneur has no influence over;
• for individual newspapers and magazines;
• for audio and video recordings and computer software where the consumer has broken the seal;
• for hygiene products where the consumer has broken the seal.

1. Exclusion of the right of withdrawal is only possible for services:

• regarding accommodation, transport, restaurant business, or leisure activities to be performed on a specific date or during a specific period;
• where delivery has started with the consumer's explicit consent before the cooling-off period has ended;
• regarding bets 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. Contrary to the previous paragraph, the entrepreneur may offer products or services with variable prices if those prices are tied to fluctuations in the financial market and the entrepreneur has no influence over them. This link to fluctuations and the fact that any prices mentioned are target prices will be stated in the offer. 
3. Price increases within 3 months after the agreement is made are only allowed if they are the result of legal regulations or provisions.
4. Price increases from 3 months after the agreement is made are only allowed if the entrepreneur has stipulated this and: 

• these are the result of legal regulations or provisions; or
• the consumer has the right to terminate the agreement starting from the day the price increase takes effect.

1. The prices mentioned in the offer of products or services include VAT.
2. All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In case of such 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 meet the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal regulations and/or government rules that exist on the date the agreement is made. If agreed, the entrepreneur also guarantees that the product is suitable for uses other than normal use.
2. Any warranty provided by the business, manufacturer, or importer does not affect the legal rights and claims the customer can assert against the business under the agreement.
3. Any defects or incorrectly delivered products must be reported to the business in writing within 2 months of delivery. Products must be returned in their original packaging and in new condition.
4. The business's warranty period matches the manufacturer's warranty period. However, the business is never responsible for whether the products are suitable for any specific use by the customer, nor for any advice regarding the use or application of the products.
5. The warranty does not apply if:

• the customer 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 have been used contrary to the instructions of the business and/or those on the packaging;
• the defect is wholly or partly caused by regulations set or to be set by the government regarding the nature or quality of the materials used.

Article 11 - Delivery and execution

1. The business will take the greatest possible care when receiving and processing product orders and when assessing requests for services.
2. The delivery address is the address the customer has provided to the company.
3. With due regard for what's stated in paragraph 4 of this article, the company will process accepted orders as quickly as possible, but at the latest within 30 days, unless the customer has agreed to a longer delivery period. If delivery is delayed, or if an order can't be fulfilled or can only be partially fulfilled, the customer will be notified no later than 30 days after placing the order. In that case, the customer has the right to cancel the agreement at no cost. The customer isn't entitled to any compensation. 
4. All delivery times are just estimates. The customer can't claim any rights based on the mentioned timeframes. If a deadline is missed, the customer isn't entitled to any compensation.
5. If the agreement is dissolved according to paragraph 3 of this article, the business will refund the amount paid by the customer as soon as possible, but no later than 30 days after the dissolution.
6. If delivery of an ordered product turns out to be impossible, the business owner will do their best to offer 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. Any return shipping costs will be covered by the business owner.
7. The risk of damage to and/or loss of products lies with the business owner until the moment of delivery to the customer or a representative designated in advance and made known to the business owner, unless explicitly agreed otherwise.

Article 12 - Long-term contracts: duration, cancellation, and extension

Cancellation

1. The customer can cancel a contract for an indefinite period that involves regular delivery of products (including electricity) or services at any time, following the agreed cancellation rules and with a notice period of no more than one month.
2. The customer can cancel a contract for a fixed period that involves regular delivery of products (including electricity) or services at any time at the end of the agreed period, following the agreed cancellation rules and with a notice period of no more than one month.
3. The customer can cancel the contracts mentioned in the previous sections:

• cancel at any time and not be limited to canceling at a specific time or during a certain period;
• at least cancel in the same way as the contract was made;
• always cancel with the same notice period the business owner has set for themselves.

Extension

1. A contract for a fixed period that involves regular delivery of products (including electricity) or services cannot be automatically extended or renewed for a fixed period.
2. Contrary to the previous section, a contract for a fixed period that involves regular delivery of daily, news, or weekly papers and magazines can be automatically extended for a fixed period of up to three months, as long as the customer can cancel this extended contract at the end of the extension with a notice period of no more than one month.
3. A contract for a fixed period that involves regular delivery of products or services can only be automatically extended for an indefinite period if the customer can cancel at any time with a notice period of no more than one month, or no more than three months if the contract is for regular but less than monthly delivery of daily, news, or weekly papers and magazines.
4. An agreement for a limited period for the regular introductory delivery of daily, news, and weekly papers and magazines (trial or introductory subscription) will not be automatically renewed and ends automatically after the trial or introductory period.

Duration

1. If an agreement lasts longer than a year, the customer can end it at any time after a year with a notice period of no more than one month, unless fairness and reasonableness mean it can't be ended before the agreed duration is up.

Article 13 - Payment

1. Unless agreed otherwise, the amounts owed by the customer must be paid within 7 working days after the start of the cooling-off period as mentioned in article 6 paragraph 1. For a service agreement, this period starts after the customer has received confirmation of the agreement.
2. The customer must immediately report any errors in provided or listed payment details to the business.
3. If the customer fails to pay, the business has the right, within legal limits, to charge the reasonable costs that were communicated to the customer in advance.

Article 14 - Complaints procedure

1. The business has a well-publicized complaints procedure and handles complaints according to this procedure.
2. Complaints about how the agreement is carried out must be submitted to the business within 2 months after the customer has discovered the issues, and must be described fully and clearly.
3. Complaints submitted to the business will be answered within 14 days from the date of receipt. If a complaint needs more time to process, the business will reply within 14 days with a confirmation of receipt and an indication of when the customer can expect a more detailed answer.
4. If a complaint can't be resolved by mutual agreement, it becomes a dispute that can be handled by the dispute resolution procedure.
5. Filing a complaint doesn't suspend the business's obligations, unless the business states otherwise in writing.
6. If the business finds a complaint justified, they will either replace or repair the delivered products for free, at their own discretion.

Article 15 - Disputes

1. Only Dutch law applies to agreements between the business and the customer that these general terms and conditions cover. This is the case even if the customer lives abroad.
2. The Vienna Sales Convention does not apply.

Article 16 - Extra or different provisions

Extra provisions or ones that differ from these general terms and conditions can't be to the disadvantage of the customer and must be put in writing, or recorded in a way that lets the customer easily save them on a durable data carrier.