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 Contracts: 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 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. Continuing performance contract: a distance contract relating to a series of products and/or services, where the obligation to deliver and/or purchase is spread over time;

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

6. Right of withdrawal: the consumer's ability to withdraw from the distance contract within the cooling-off period;

7. Model withdrawal form: the model form for withdrawal provided by the entrepreneur that a consumer can complete if they wish 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: an agreement whereby, within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more remote communication techniques;

10. Remote communication technique: a means that can be used for concluding an agreement, without the consumer and entrepreneur being 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

Azuna Pillows
Meester D.U. Stikkerstraat 10, 6842 CW Arnhem
Telephone number: 026-8486619
Email address: info@azunapillows.nl
Chamber of Commerce number: 09201227
VAT identification number: NL002422229B83

Article 3 - Applicability

1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded and orders placed 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 is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected by the consumer and that they will be sent free of charge as soon as possible at the consumer's request.

3. If the distance contract is concluded electronically, notwithstanding 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, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge electronically or by other means at the consumer's request.

4. In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply mutatis mutandis, and in case of conflicting general terms and conditions, the consumer can always rely on the applicable provision that is most favorable to him.

5. If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or are annulled, the agreement and these terms and conditions will remain in effect for the remainder, and the provision in question will immediately be replaced by mutual agreement by a provision that approximates the intent of the original as much as possible.

6. Situations not covered by these general terms and conditions must 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 must be explained 'in the spirit' of these general terms and conditions.

Article 4 - The Offer

1. If an offer has a limited validity period or is made 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 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 mistakes or errors in the offer are not binding on the entrepreneur.

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

5. Images accompanying 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. Every 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.

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 the fulfillment of the conditions set forth 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 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 will ensure a safe web environment.

4. The entrepreneur can – within legal frameworks – inquire whether the consumer can meet their payment obligations. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, they are entitled to refuse an order or request with reasons or to attach special conditions to its execution.

5. Every agreement is entered into under the suspensive condition of sufficient availability of the relevant products.

Article 6 - Right of Withdrawal

For product delivery:

1. When purchasing products, the consumer has the option to dissolve the agreement without giving reasons for a period of 30 days. This cooling-off period commences 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 its packaging with care. He will 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 will return the product with all supplied accessories – if reasonably possible – in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

3. If the consumer wishes to exercise his right of withdrawal, he is obliged to make this known to the entrepreneur within 30 days of receiving the product. The consumer must do this by means of the model form or by means of another means of communication, such as by e-mail. After the consumer has made known that he wishes to exercise his right of withdrawal, the customer must return the product within 30 days. The consumer must prove that the delivered goods have been returned in time, for example by means of proof of shipment.

4. If the customer has not made known his wish to exercise his right of withdrawal or has not returned the product to the entrepreneur after the periods mentioned in paragraphs 2 and 3, the purchase is a fact.

For service delivery:

1. When services are delivered, the consumer has the option to dissolve the agreement without giving reasons for at least 14 days, starting on the day of entering into the agreement.

2. To exercise his right of withdrawal, the consumer will adhere to 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. 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 14 days after withdrawal. 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. Refunds will be made via the same payment method used by the consumer unless the consumer explicitly gives permission for another payment method.

3. In the event of damage to the product due to careless handling by the consumer, the consumer is liable for any depreciation of the product.

4. The consumer cannot be held liable for the depreciation of the product if the entrepreneur has not provided all legally required information about the right of withdrawal 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 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 good time before the conclusion of the agreement.

2. Exclusion of the right of withdrawal is only possible for products that by their nature cannot be returned, that spoil or age quickly, or for hygienic products of which the consumer has broken the seal.

3. Exclusion of the right of withdrawal is only possible for services concerning accommodation, transport, restaurant business, or leisure activities to be performed on a certain date or during a certain period, or whose delivery has begun with the express consent of the consumer before the cooling-off period has expired.

Article 9 - The Price

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

3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.

4. The prices stated in the offer of products or services include VAT.

5. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors.

Article 10 - Conformity and Warranty

1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement.

2. A guarantee provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement.

3. The statutory warranty applies to all products. Azuna Pillows also provides a manufacturer's warranty of 5 years on the latex core of each pillow.

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

Article 11 - Delivery and Execution

1. The entrepreneur will observe the greatest possible care when receiving and executing product orders and when 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. The company will execute accepted orders expeditiously but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, 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 free of charge.

4. In the event of dissolution, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.

5. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer.

Article 12 - Continuing Performance Contracts: duration, termination, and extension

1. The consumer can terminate an agreement entered into for an indefinite period at any time, observing the agreed-upon termination rules and a notice period of no more than one month.

2. An agreement entered into for a definite period may not be tacitly extended for a definite period.

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

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 complaints in accordance with this complaints procedure.

2. Complaints about the implementation of the agreement must be submitted to the entrepreneur fully and clearly described 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 an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.

4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.

5. In case of complaints, a consumer should first contact the entrepreneur. If the webshop is affiliated with WebwinkelKeur and in case of complaints that cannot be resolved by mutual agreement, the consumer should contact WebwinkelKeur. Check if this webshop has an active membership via https://www.webwinkelkeur.nl/ledenlijst/.

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 justified by the entrepreneur, the entrepreneur will, at their discretion, 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 apply are exclusively governed by Dutch law. This also applies if the consumer lives 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 data carrier.