Terms of service
Table of Contents
Article 1 – Definitions Article 2 – Identity of the Trader 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 Performance Article 12 – Ongoing Transactions: Duration, Termination and Renewal 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:
Cooling-off period: the period within which the consumer may exercise their right of withdrawal;
Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the trader;
Day: calendar day;
Ongoing transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligations of which are spread over time;
Durable medium: any means that enables the consumer or trader 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 consumer's right to withdraw from the distance contract within the cooling-off period;
Model form: the model withdrawal form made available by the trader, which a consumer may complete when wishing to exercise their right of withdrawal;
Trader: the natural or legal person who offers products and/or services remotely to consumers;
Distance contract: a contract whereby, within the framework of a system organised by the trader for the remote sale of products and/or services, 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: a means that can be used to conclude a contract without the consumer and trader being simultaneously present in the same location;
General Terms and Conditions: these General Terms and Conditions of the trader.
Article 2 – Identity of the Trader
Azuna Pillows Meester D.U. Stikkerstraat 10, 6842 CW Arnhem
Phone number: 026-8486619 Email address: info@azunapillows.nl Chamber of Commerce number: 09201227 VAT identification number: NL002422229B83
Article 3 – Applicability
These general terms and conditions apply to every offer made by the trader and to every distance contract and order concluded between the trader 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, it will be indicated before the distance contract is concluded that the general terms and conditions can be inspected at the trader's premises and that they will be sent to the consumer free of charge as soon as possible upon request.
If the distance contract is concluded electronically, the text of these general terms and conditions may, prior to conclusion, be made available to the consumer electronically in such a way that it can be easily stored on a durable medium. 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 free of charge upon request, either electronically or otherwise.
In the event that specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and in the event of conflicting general terms and conditions, the consumer may always invoke the provision most favourable to them.
If one or more provisions of these general terms and conditions are at any time wholly or partially null and void or annulled, the contract and these conditions shall otherwise remain in force, and the relevant provision shall be promptly replaced by mutual agreement with a provision that approximates the intent of the original as closely as possible.
Situations not covered by these general terms and conditions shall be assessed in the spirit of these general terms and conditions.
Any ambiguities regarding the interpretation or content of one or more provisions of these 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 subject to conditions, this will be explicitly stated in the offer.
The offer is non-binding. The trader is entitled to amend and adjust the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer. If the trader 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 trader.
All images and specification 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 products offered. The trader cannot guarantee that the displayed colours exactly match the actual colours of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This includes in particular:
- the price including taxes;
- any shipping costs;
- the manner in which the contract will be concluded and the actions required for this;
- whether or not the right of withdrawal applies;
- the method of payment, delivery and performance of the contract;
- the period for acceptance of the offer, or the period within which the trader guarantees the price;
- the rate for distance communication if the costs of using the means of distance communication are calculated on a basis other than the regular basic rate for the communication medium used;
- whether the contract will be archived after conclusion and, if so, how it can be consulted by the consumer;
- the way in which the consumer, before concluding the contract, can check and if desired correct the data provided in connection with the contract;
- any other languages in which, in addition to Dutch, the contract can be concluded;
- the codes of conduct to which the trader is subject and the way in which the consumer can consult these electronically; and
- the minimum duration of the distance contract in the case of an ongoing transaction.
Article 5 – The Agreement
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.
If the consumer has accepted the offer electronically, the trader will promptly confirm receipt of acceptance electronically. As long as the trader has not confirmed acceptance, the consumer may dissolve the contract.
If the contract is concluded electronically, the trader will implement appropriate technical and organisational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the trader will take appropriate security measures.
The trader may, within legal limits, verify whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance contract. If the trader has good grounds based on this investigation not to enter into the contract, they are entitled to refuse an order or request with stated reasons, or to attach special conditions to its execution.
Together with the product or service, the trader will provide the consumer with the following information in writing or in a way that allows the consumer to store it on a durable medium:
- the visiting address of the trader's establishment where the consumer can go with complaints;
- the conditions and manner in which the consumer can exercise the right of withdrawal, or a clear statement that the right of withdrawal is excluded;
- information about warranties and existing after-sales service;
- the details included in Article 4, paragraph 3, unless already provided before execution of the contract;
- the requirements for terminating the contract if the contract has a duration of more than one year or is for an indefinite period.
In the case of an ongoing transaction, the provision in the previous paragraph applies only to the first delivery.
Every contract is concluded subject to the condition that the relevant products are sufficiently available.
Article 6 – Right of Withdrawal
For product deliveries:
When purchasing products, the consumer has the right to dissolve the contract without giving any reason within 14 days. This cooling-off period begins the day after the consumer, or a representative designated in advance and made known to the trader, receives the product.
During the cooling-off period, the consumer shall handle the product and its packaging with care. They shall 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 shall return the product with all delivered accessories and — where reasonably possible — in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the trader.
If the consumer wishes to exercise their right of withdrawal, they must notify the trader within 14 days of receiving the product. This notification must be made using the model form or via another means of communication such as email. After notifying the trader, the consumer must return the product within 14 days. The consumer must be able to prove that the goods were returned in time, for example by providing proof of shipment.
If the consumer has not notified the trader of their wish to exercise the right of withdrawal, or has not returned the product to the trader within the periods mentioned in paragraphs 2 and 3, the purchase is final.
For service deliveries:
When services are delivered, the consumer has the right to dissolve the contract without giving any reason for at least 14 days, starting on the day the contract is entered into.
To exercise the right of withdrawal, the consumer shall follow the reasonable and clear instructions provided by the trader in the offer and/or at the time of delivery.
Article 7 – Costs in Case of Withdrawal
The consumer bears the direct costs of returning the product.
If the consumer has paid an amount, the trader 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 by the online retailer, or that conclusive proof of complete return shipment has been 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 resulting depreciation in value.
The consumer cannot be held liable for depreciation in value if the trader has not provided all legally required information about the right of withdrawal prior to concluding the purchase agreement.
Article 8 – Exclusion of Right of Withdrawal
The trader may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal is only valid if the trader 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:
- produced by the trader according to the consumer's specifications;
- that are clearly personal in nature;
- that cannot be returned by their nature;
- that can spoil or age quickly;
- whose price is linked to fluctuations in the financial market over which the trader has no influence;
- for individual newspapers and magazines;
- for audio and video recordings and computer software of which the consumer has broken the seal;
- for hygiene products of which the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services:
- concerning accommodation, transport, catering or leisure activities to be performed on a specific date or during a specific period;
- where delivery has commenced with the consumer's explicit consent before the cooling-off period has expired;
- concerning bets and lotteries.
Article 9 – The Price
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 resulting from changes in VAT rates.
By way of exception to the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market beyond the trader's control at variable prices. This dependency on fluctuations and the fact that any stated prices are indicative will be mentioned 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 the trader has stipulated this and:
- they result from statutory regulations or provisions; or
- the consumer has the right to cancel the contract with effect from the day the price increase takes effect.
The prices stated in the offer for products or services are inclusive of VAT.
All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of such errors. In the event of printing or typesetting errors, the trader is not obliged to supply the product at the incorrect price.
Article 10 – Conformity and Warranty
The trader 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 statutory provisions and/or government regulations in force at the date of conclusion of the contract. If agreed, the trader also guarantees that the product is suitable for other than normal use.
Any warranty provided by the trader, manufacturer or importer does not affect the statutory rights and claims that the consumer may assert against the trader under the contract.
The statutory warranty applies to all products. The duration of the statutory warranty may vary depending on the nature of the product.
Any defects or incorrectly delivered products must be reported to the trader in writing within 2 months of discovery.
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 have been treated contrary to the trader's instructions and/or the instructions on the packaging;
- the defect is wholly or partially 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 Performance
The trader will exercise the greatest possible care when receiving and carrying out orders for products and when assessing applications for the provision of services.
The delivery address is the address that the consumer has communicated to the company.
Subject to the provisions of paragraph 4 of this article, the company will carry out accepted orders promptly but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If 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 contract free of charge. The consumer has no right to contractual compensation.
All delivery times are indicative. The consumer cannot derive any rights from stated timeframes. Exceeding a timeframe does not entitle the consumer to contractual compensation.
In the event of dissolution pursuant to paragraph 3 of this article, the trader will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
If delivery of an ordered product proves impossible, the trader will make an effort to provide a substitute article. At the latest at the time of delivery, it will be clearly and comprehensibly communicated that a substitute article is being delivered. The right of withdrawal cannot be excluded for substitute articles. Any return shipping costs are borne by the trader.
The risk of damage and/or loss of products rests with the trader until the moment of delivery to the consumer or a previously designated representative made known to the trader, unless expressly agreed otherwise.
Article 12 – Ongoing Transactions: Duration, Termination and Renewal
Termination
The consumer may terminate a contract entered into for an indefinite period, which provides for the regular delivery of products (including electricity) or services, at any time subject to agreed termination rules and a notice period of no more than one month.
The consumer may terminate a fixed-term contract providing for the regular delivery of products (including electricity) or services at any time towards the end of the agreed period, subject to agreed termination rules and a notice period of no more than one month.
The consumer may terminate the contracts referred to in the previous paragraphs:
- at any time and shall not be restricted to termination at a specific time or during a specific period;
- at least in the same manner as they were entered into;
- always with the same notice period as the trader has stipulated for themselves.
Renewal
A fixed-term contract providing for the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a fixed term.
By way of exception to the previous paragraph, a fixed-term contract providing for the regular delivery of daily, news and weekly papers and magazines may be tacitly renewed for a fixed term of no more than three months, provided the consumer can cancel the renewed contract towards the end of the renewal period with a notice period of no more than one month.
A fixed-term contract providing for the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may cancel 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 of a contract providing for the regular, but less than monthly, delivery of daily, news and weekly papers and magazines.
A limited-duration contract for the regular introductory delivery of daily, news and weekly papers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically upon expiry 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 oppose termination before the end of the agreed period.
Article 13 – Payment
Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days of the start of the cooling-off period referred to in Article 6, paragraph 1. In the case of a service contract, this period begins once the consumer has received confirmation of the contract.
The consumer has an obligation to promptly notify the trader of any inaccuracies in the payment details provided or stated.
In the event of non-payment by the consumer, the trader has the right, subject to statutory limitations, to charge the reasonable costs made known to the consumer in advance.
Article 14 – Complaints Procedure
The trader has a sufficiently publicised complaints procedure and handles complaints in accordance with this procedure.
Complaints about the performance of the contract must be submitted to the trader fully and clearly within 2 months of the consumer identifying the defects.
Complaints submitted to the trader will be responded to within 14 days of the date of receipt. If a complaint requires a foreseeably longer processing time, the trader will respond within 14 days with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.
If a complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
In the event of complaints, the consumer should first contact the trader. If the online store is affiliated with WebwinkelKeur and complaints cannot be resolved by mutual agreement, the consumer should contact WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. You can verify whether this store has an active membership at https://www.webwinkelkeur.nl/ledenlijst/. If a resolution is still not reached, the consumer has the option to have their complaint handled by the independent disputes committee appointed by WebwinkelKeur, whose ruling is binding and to which both the trader and the consumer agree. Costs are associated with submitting a dispute to this committee, which are to be paid by the consumer to the relevant committee.
A complaint does not suspend the trader's obligations, unless the trader indicates otherwise in writing.
If a complaint is found to be justified by the trader, the trader will, at its discretion, either replace or repair the delivered products free of charge.
Article 15 – Disputes
Dutch law exclusively governs contracts between the trader and the consumer to which these general terms and conditions apply, even if the consumer resides abroad.
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 manner that the consumer can store them in an accessible way on a durable medium.