Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Withdrawal period: the period within which the consumer can make use of their right of withdrawal;

Consumer: the natural person who is not acting in the course of a profession or business and who enters into a distance contract with the entrepreneur;

Day: calendar day;

Long-term transaction: a distance contract that concerns a series of products and/or services, the supply and/or purchase obligation of which is spread over time;

Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unaltered reproduction of the stored information.

Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;

Entrepreneur: the 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 organized by the entrepreneur for the distance sale of products and/or services, whereby exclusive use is made of one or more means of distance communication up to and including the conclusion of the contract;

Means of distance communication: means that can be used to conclude a contract, without the consumer and entrepreneur being together in the same place at the same time.

General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

Company name: DreamSleepz

Chamber of Commerce number: 96436646

Trade name: DreamSleepz

Customer service email: hello@dreamsleepz.com

Company address: Carolushof 161, 5211XH ’s-Hertogenbosch, Netherlands (note: no return address)

Article 3 – Applicability

These General Terms and Conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.

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, the consumer will be informed before the distance contract is concluded that the General Terms and Conditions can be inspected at the entrepreneur’s premises and that they will be sent to the consumer free of charge upon request as soon as possible.

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 may be made available to the consumer electronically in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the General Terms and Conditions can be consulted electronically and that they will be sent to the consumer free of charge, electronically or otherwise, upon request.

In the event that specific product or service conditions apply in addition to these General Terms and Conditions, 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 provision that is most favorable to them.

If one or more provisions of these General Terms and Conditions are at any time wholly or partially invalid or nullified, the contract and these terms will otherwise remain in force, and the relevant provision will be replaced promptly by mutual agreement with a provision that approximates the meaning of the original as closely as possible.

Situations not covered by these General Terms and Conditions must be assessed “in the spirit” of these General Terms and Conditions.

Uncertainties regarding the interpretation or content of one or more provisions of our General Terms and Conditions shall be interpreted “in the spirit” of these General Terms and Conditions.

Article 4 – The Offer

If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.

The offer is non-binding. The entrepreneur 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 entrepreneur uses images, these are a truthful representation of the products and/or services offered. Obvious errors or mistakes in the offer are not binding for the entrepreneur.

All images, specifications, and data in the offer are indicative and cannot be grounds for compensation or dissolution of the agreement.

The images relating to the products are a true representation of the offered products. The entrepreneur cannot guarantee that the colors displayed will exactly match the actual colors of the products.

Each offer contains such information that it is clear to the consumer what rights and obligations are associated with the acceptance of the offer. This includes in particular:

• the price, excluding customs clearance fees and import VAT. These additional costs are borne by and at the risk of the customer. The postal and/or courier service will apply the special regulation for postal and courier services regarding imports. This regulation applies when goods are imported into the EU destination country, which is the case here. The postal and/or courier service will collect VAT (whether combined with the customs clearance fees or not) from the recipient of the goods;
• any shipping costs;
• the manner in which the agreement will be concluded and which actions are required for that;
• whether or not the right of withdrawal applies;
• the method of payment, delivery, and execution of the agreement;
• the term for accepting the offer, or the period during which the entrepreneur guarantees the price;
• the rate for distance communication if the cost of using the means of distance communication is calculated on a basis other than the regular base rate for the means of communication used;
• whether the contract will be archived after conclusion and, if so, how the consumer can access it;
• the way in which the consumer, before concluding the contract, can check and, if desired, rectify the data they have provided under the contract;
• any other languages in which the agreement may be concluded, in addition to Dutch;
• the codes of conduct to which the entrepreneur has submitted and the manner in which the consumer can consult these codes of conduct electronically; and
• the minimum duration of the distance contract in the case of a long-term transaction.

Optional: available sizes, colors, 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 associated conditions.

If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of the acceptance electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the contract.

If the contract is concluded electronically, the entrepreneur shall implement appropriate technical and organizational measures to secure the electronic transmission of data and shall ensure a secure web environment. If the consumer is able to pay electronically, the entrepreneur shall observe appropriate security measures.

The entrepreneur may—within the limits of the law—gather information on whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly concluding a distance contract. If, based on this investigation, the entrepreneur has sound reasons not to enter into the contract, they are entitled to refuse an order or request, or to attach special conditions to its execution, with justification.

The entrepreneur shall provide the consumer with the following information in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier, along with the product or service:

• the physical address of the entrepreneur’s business location where the consumer can submit complaints;
• the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
• information regarding warranties and existing customer service;
• the data referred to in Article 4, paragraph 3 of these terms, unless the entrepreneur has already provided this information to the consumer prior to the conclusion of the contract;
• the conditions for terminating the contract, if the contract has a duration of more than one year or is of indefinite duration.

In the case of a continuing performance contract, the provision in the previous paragraph applies only to the first delivery.

Every contract is concluded under the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the right to dissolve the contract without stating reasons for a period of 14 days. This reflection period begins on the day after the consumer, or a third party designated in advance by the consumer and notified to the entrepreneur, receives the product.

During the reflection period, the consumer shall handle the product and its packaging with care. He shall only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he shall return the product along with all supplied accessories, and—if reasonably possible—in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to make use of his right of withdrawal, he is obliged to notify the entrepreneur within 30 days of receiving the product. The consumer must communicate this by means of a written message/email. After the consumer has declared his intention to exercise the right of withdrawal, he must return the product to the origin address within 30 days. The consumer must provide proof that the goods were returned in time—for example, by presenting a shipping receipt.

If the consumer has not expressed his intention to exercise the right of withdrawal or has not returned the product to the entrepreneur within the deadlines mentioned in paragraphs 2 and 3, the purchase becomes final.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises the right of withdrawal, the costs of returning the products shall be borne by the consumer.

If the consumer has made a payment, the entrepreneur shall refund this amount as soon as possible, but no later than 14 days after the withdrawal. This refund is conditional upon the product having already been returned to the entrepreneur or conclusive proof of its full return being provided.

Article 8 – Exclusion of the Right of Withdrawal

The entrepreneur may exclude the consumer’s right of withdrawal for products, as described in paragraphs 2 and 3. The exclusion of the right of withdrawal shall only apply if the entrepreneur has clearly stated this in the offer, or at least in good time before the conclusion of the contract.

Exclusion of the right of withdrawal is only possible for products:

• that are manufactured by the entrepreneur according to the consumer’s specifications;
• that are clearly of a personal nature;
• that, by their nature, cannot be returned;
• that spoil or age quickly;
• whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
• that are individual newspapers or magazines;
• that are audio or video recordings or computer software, the seal of which has been broken by the consumer;
• that are hygiene products, the seal of which has been broken by the consumer.

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

• relating to accommodation, transport, restaurant services, or leisure activities to be performed on a specific date or during a specific period;
• the delivery of which has begun with the express consent of the consumer before the end of the reflection period;
• involving betting and lotteries.

Article 9 – The Price

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

By way of derogation from the previous paragraph, the entrepreneur may offer products or services with variable prices that are subject to fluctuations in the financial market and over which the entrepreneur has no control. This linkage to fluctuations and the fact that any indicated prices are guide prices shall be stated in the offer.

Price increases within 3 months of the conclusion of the contract are only permitted if they result from statutory regulations or provisions.

Price increases from 3 months after the conclusion of the contract are only permitted if:

• they result from statutory regulations or provisions; or
• the consumer is entitled to terminate the contract from the day on which the price increase takes effect.

According to Section 5(1) of the Turnover Tax Act 1968, the place of delivery is the country in which the transport begins. In this case, the delivery takes place outside the EU. Consequently, the postal or courier service will collect the import VAT or customs clearance fees from the customer. As a result, no VAT will be charged by the entrepreneur.

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 such errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 – Conformity and Warranty

The entrepreneur guarantees that the products and/or services conform to the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations in effect on the date the contract was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.

A guarantee provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer may assert against the entrepreneur based on the contract.

Defective or incorrectly delivered products must be reported in writing to the entrepreneur within 14 days of delivery. The products must be returned in their original packaging and in new condition.

The entrepreneur’s warranty period corresponds to the warranty period provided by the manufacturer. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual use 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 has had them repaired and/or modified by third parties;
• The delivered products have been exposed to abnormal conditions or otherwise handled carelessly or contrary to the instructions of the entrepreneur and/or the packaging;
• The defect is wholly or partly the result of government regulations regarding the nature or quality of the materials used, which were issued or will be issued.

Article 11 – Delivery and Execution

The entrepreneur will exercise the greatest possible care when receiving and executing orders for products.

The place of delivery is the address that the consumer has provided to the entrepreneur.

Subject to the provisions in Article 4 of these General Terms and Conditions, the entrepreneur will execute accepted orders as quickly as possible, but no later than within 30 days, unless a longer delivery period has been agreed upon with the consumer. If delivery is delayed, or if an order cannot or can only partially be executed, the consumer will be informed of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the contract without cost and is entitled to possible compensation.

In the event of termination in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after termination.

If the delivery of an ordered product proves to be impossible, the entrepreneur will make an effort to provide a replacement item. At the latest upon delivery, it will be clearly and comprehensibly stated that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The cost of any return shipment will be borne by the entrepreneur.

The risk of damage to and/or loss of products lies with the entrepreneur until the moment of delivery to the consumer or a pre-designated and notified representative, unless expressly agreed otherwise.

Article 12 – Duration Transactions: Term, Termination, and Renewal

Termination

The consumer may terminate a contract of indefinite duration that has been concluded 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 a fixed-term contract that has been concluded for the regular delivery of products (including electricity) or services at the end of the fixed term, 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 not be limited to termination at a specific time or during a specific period;
• at least in the same manner as they were entered into by the consumer;
• always with the same notice period as the entrepreneur has stipulated for themselves.

Renewal

A fixed-term contract that has been concluded for the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a fixed duration.

Notwithstanding the previous paragraph, a fixed-term contract for the regular delivery of daily or weekly newspapers and magazines may be tacitly renewed for a fixed term of no more than three months if the consumer can terminate this renewed contract at the end of the renewal with a notice period of no more than one month.

A fixed-term contract for the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate the contract at any time with a notice period of no more than one month, and a notice period of no more than three months if the contract concerns the regular, but less than once a month, delivery of daily or weekly newspapers and magazines.

A fixed-term contract for the regular delivery of daily or weekly newspapers and magazines in the context of an introductory subscription (trial or introductory subscription) is not tacitly continued and automatically ends at the end of the trial or introductory period.

Duration

If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year with a notice period of no more than one month, unless reasonableness and fairness prevent termination before the end of the agreed term.

Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the start of the withdrawal period referred to in Article 6(1). In the case of an agreement to provide a service, this period begins after the consumer has received confirmation of the agreement.

The consumer is obliged to report any inaccuracies in the provided or stated payment details to the entrepreneur without delay.

If the consumer fails to pay, the entrepreneur has the right—subject to legal limitations—to charge reasonable costs that have been communicated to the consumer in advance.

Article 14 – Complaints Procedure

Complaints about the execution of the agreement must be submitted to the entrepreneur in full and clearly described within 7 days after the consumer has identified the defects.

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 the 14-day period with a confirmation of receipt and an indication of when the consumer can expect a more detailed reply.

If the complaint cannot be resolved by mutual agreement, it will become a dispute subject to dispute resolution.

A complaint does not suspend the obligations of the entrepreneur unless the entrepreneur indicates otherwise in writing.

If a complaint is found to be valid by the entrepreneur, they will, at their discretion, either replace or repair the delivered products free of charge.

Article 15 – Legal Disputes

Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law, even if the consumer resides abroad.

Article 16 – CESOP

Due to the introduction and tightening of measures effective from 2024 regarding the ‘Act Amending the Turnover Tax Act 1968 (Payment Service Providers Directive Implementation Act)’ and thus the introduction of the Central Electronic System of Payment information (CESOP), payment service providers may register data in the European CESOP system.