Terms of service

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 - Duration 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:

Reflection period: the period during which the consumer can exercise their right of withdrawal; Read all about the reflection period
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;
Day: calendar day;
Duration transaction: a distance contract relating to a series of products and/or services, the delivery 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 reflection period;
Model form: the model form for withdrawal provided by the entrepreneur which a consumer can complete when exercising their right of withdrawal.
Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers;
Distance contract: a contract concluded within the framework of a system organised by the entrepreneur for the remote sale of products and/or services, where only one or more techniques for remote communication are used up to and including the conclusion of the contract;
Technique for remote communication: means that can be used for concluding a contract without the consumer and entrepreneur being simultaneously present in the same space.
General Terms and Conditions: these General Terms and Conditions of the entrepreneur

Article 2 - Identity of the entrepreneur

OnePillow

Willemsvaart 16

8019 AB Zwolle

The Netherlands

E info@onepillow.nl

Chamber of Commerce 87011395

VAT number NL004341201B88

Article 3 - Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and order between entrepreneur and 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, it will be indicated before the contract is concluded that the terms and conditions can be inspected at the entrepreneur and will be sent free of charge to the consumer upon request as soon as possible.

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

If specific product or service conditions also apply alongside these general terms and conditions, the second and third paragraphs apply accordingly and the consumer may always invoke the applicable provision that is most favourable to them in case of conflicting terms.

If one or more provisions in these general terms and conditions are wholly or partially null or void at any time, the contract and these terms remain in effect for the rest and the relevant provision will be replaced promptly by a provision that approximates the original intent as closely as possible.

Situations not covered by these general terms and conditions shall be assessed in the spirit of these terms.

Ambiguities about the interpretation or content of one or more provisions of our terms shall be interpreted in 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 will be explicitly stated in the offer.

The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.

The offer contains a complete and accurate description of the offered products and/or services. The description is detailed enough to allow the consumer to properly assess the offer. If the entrepreneur uses images, these are a truthful representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.

All images, specifications and data in the offer are indicative and cannot give rise to compensation or dissolution of the contract.

Product images are a truthful representation of the offered products. The entrepreneur cannot guarantee that the displayed colours exactly match the real colours of the products.

Each offer contains such information that it is clear to the consumer what rights and obligations are connected to accepting the offer. This concerns in particular:

 the possible other languages in which, besides Dutch, the contract can be concluded;

Article 5 - The agreement

The agreement is concluded, subject to paragraph 4, at the moment the consumer accepts the offer and meets the conditions attached to it.

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance electronically. As long as the agreement has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.

If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organisational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.

The entrepreneur may, within legal limits, verify whether the consumer can meet their payment obligations and all facts and factors relevant to responsibly entering into the distance contract. If the entrepreneur has good grounds not to enter into the contract based on this investigation, they are entitled to refuse an order or request with reasons or attach special conditions to the execution.

The entrepreneur will provide the consumer with the following information with the product or service, in writing or in such a way that it can be stored accessibly on a durable data carrier:

the visiting address of the entrepreneur's establishment where the consumer can address complaints;

the conditions and manner in which the consumer can exercise the right of withdrawal, or a clear notice regarding the exclusion of the right of withdrawal;

information about guarantees and existing after-sales service;

the data included in article 4 paragraph 3 of these terms, unless the entrepreneur has already provided this data before the contract execution;

the requirements for terminating the contract if it has a duration of more than one year or is indefinite.

In case of a duration transaction, the provision in the previous paragraph applies only to the first delivery.

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

Article 6 - Right of withdrawal

Upon delivery of products:

When purchasing products, the consumer has the option to dissolve the contract without giving reasons within 30 days. This reflection period starts the day after the consumer or a representative designated in advance by the consumer and known to the entrepreneur receives the product.

During the reflection period, the consumer will handle the product and packaging carefully. They will 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 will return the product with all accessories and - if reasonably possible - in the original condition and packaging to the entrepreneur, following the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to exercise their right of withdrawal, they must notify the entrepreneur within 30 days after receiving the product. Notification must be made using the model form or another communication method such as email. After notifying the entrepreneur, the consumer 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.

If the consumer has not notified the entrepreneur within the periods mentioned in paragraphs 2 and 3 that they wish to exercise their right of withdrawal or has not returned the product, the purchase is final.

Upon delivery of services:

When delivering services, the consumer has the option to dissolve the contract without giving reasons within at least 30 days, starting on the day the contract is concluded.

To exercise the 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

If the consumer exercises their right of withdrawal, at most the costs of returning the product will be borne by them.

If the consumer has paid an amount, the entrepreneur will refund this as soon as possible, but no later than 14 days after withdrawal. This is conditional on the product having been received back by the webshop or conclusive proof of complete return being provided. Refunds will be made via the same payment method used by the consumer unless the consumer explicitly agrees to another method.

If the product is damaged due to careless handling by the consumer, the consumer is liable for any depreciation of the product.

The consumer cannot be held liable for depreciation if the entrepreneur has not provided all legally required information about the right of withdrawal before concluding the purchase agreement.

Article 8 - Exclusion of right of withdrawal

The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion applies only if the entrepreneur has clearly stated this in the offer or in time before concluding the contract.

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

that have been made to the consumer's specifications by the entrepreneur;

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 beyond the entrepreneur's control;

for loose newspapers and magazines;

for audio and video recordings and computer software where the consumer has broken the seal;

for hygienic products where the consumer has broken the seal.

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

relating to accommodation, transport, catering or leisure activities to be performed on a specific date or during a specific period;

where delivery has begun with the consumer's express consent before the reflection period has expired;

relating to bets and lotteries.

Article 9 - The price

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

Contrary to the previous paragraph, the entrepreneur may offer products or services with prices subject to financial market fluctuations beyond their control at variable prices. This binding to fluctuations and the fact that any stated prices are indicative will be stated in the offer.

Price increases within 3 months after the contract conclusion are only allowed if they result from legal regulations or provisions.

Price increases from 3 months after the contract conclusion are only allowed if the entrepreneur has agreed to this and:

they result from legal regulations or provisions;
or the consumer has the right to terminate the contract from the day the price increase takes effect.

Prices stated in the offer include VAT.

All prices are subject to printing and typesetting errors. No liability is accepted for consequences of such errors. In case of 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 comply with the contract, the specifications stated in the offer, reasonable requirements of durability and/or usability, and the legal provisions and/or government regulations existing at the contract conclusion date. If agreed, the entrepreneur also guarantees suitability for other than normal use.

A warranty provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims the consumer may have against the entrepreneur under the contract.

Any defects or wrongly delivered products must be reported in writing to the entrepreneur within 2 months after discovery.

The entrepreneur's warranty period corresponds to the factory warranty period. The entrepreneur is never responsible for the ultimate suitability of the products for each individual consumer application, nor for any advice regarding use or application.

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 others;

the products have been exposed to abnormal conditions or otherwise handled carelessly or contrary to the entrepreneur's instructions and/or packaging;

the defect is wholly or partly due to government regulations regarding the nature or quality of the materials used.

Article 11 - Delivery and execution

The entrepreneur will exercise the greatest care in receiving and executing orders for products and assessing requests for services.

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

Subject to paragraph 4, the company will execute accepted orders with due speed but no later than 30 days, unless the consumer agreed to a longer delivery period. If delivery is delayed or an order cannot be executed fully or partially, the consumer will be informed no later than 30 days after placing the order. The consumer then has the right to dissolve the contract without costs. The consumer has no right to compensation.

All delivery times are indicative. The consumer cannot derive rights from any stated terms. Exceeding a term does not entitle the consumer to compensation.

In case of dissolution as per paragraph 3, the entrepreneur will refund the consumer's payment as soon as possible, but no later than 14 days after dissolution.

If delivery of an ordered product proves impossible, the entrepreneur will endeavour to provide a replacement. At delivery, it will be clearly and understandably stated that a replacement is delivered. The right of withdrawal cannot be excluded for replacements. Return costs are borne by the entrepreneur.

The risk of damage and/or loss of products rests with the entrepreneur until delivery to the consumer or a representative designated in advance and known to the entrepreneur, unless explicitly agreed otherwise.

Article 12 - Duration transactions: duration, termination and extension

Termination

The consumer can terminate a contract concluded for an indefinite period and aimed at regular delivery of products (including electricity)  or services at any time, observing agreed termination rules and a notice period of no more than one month.

The consumer can terminate a contract concluded for a fixed period and aimed at regular delivery of products (including electricity)  or services at any time at the end of the fixed period, observing agreed termination rules and a notice period of no more than one month.

The consumer can:

terminate the contracts mentioned in the previous paragraphs at any time and is not limited to termination at a specific time or period;

terminate at least in the same way as they concluded the contract;

always terminate with the same notice period as the entrepreneur has stipulated for themselves.

Extension

A contract concluded for a fixed period and aimed at regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.  Contrary to the previous paragraph, a contract concluded for a fixed period and aimed at regular delivery of daily, news and weekly papers and magazines may be tacitly extended for a maximum of three months, provided the consumer can terminate this extended contract at the end of the extension with a notice period of no more than one month.

A contract concluded for a fixed period and aimed at regular delivery of products or services may only be tacitly extended for an indefinite period 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 if the contract concerns regular delivery, but less than once a month, of daily, news and weekly papers and magazines.  A limited duration contract for regular introductory delivery of daily, news and weekly papers and magazines (trial or introductory subscription)  is not tacitly continued and ends automatically after 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 oppose termination before the agreed duration ends.

Article 13 - Payment

Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the reflection period as referred to in article 6 paragraph 1 starts. In case of a service contract, this period starts after the consumer has received confirmation of the contract.

The consumer must immediately report inaccuracies in provided or stated payment details to the entrepreneur.

In case of consumer default, the entrepreneur may charge reasonable costs previously communicated to the consumer, subject to legal restrictions.

Article 14 - Complaints procedure

The entrepreneur has a sufficiently publicised complaints procedure and handles complaints accordingly.

Complaints about contract execution must be submitted fully and clearly described within 2 months after the consumer has discovered the defects.

Complaints submitted to the entrepreneur will be answered within 14 days from receipt. If a complaint requires longer processing, the entrepreneur will respond within 14 days with an acknowledgement and an indication of when a more detailed answer can be expected.

If the complaint cannot be resolved amicably, a dispute arises eligible for dispute resolution.

Sometimes things don’t go as planned. We recommend first reporting complaints to us by emailing info@onepillow.nl. If this does not lead to a solution, you can register your dispute for mediation via WebwinkelKeur at https://www.webwinkelkeur.nl/kennisbank/consumenten/geschil.

A complaint does not suspend the entrepreneur’s obligations unless the entrepreneur states otherwise in writing.

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

Article 15 - Disputes

Dutch law exclusively applies to contracts between the entrepreneur and consumer to which these terms relate, even if the consumer resides abroad.

The Vienna Sales Convention does not apply.

Article 16 - Additional or deviating provisions

Additional or deviating provisions must not be to the consumer’s detriment and must be recorded in writing or in such a way that the consumer can store them accessibly on a durable data carrier.