General Terms and Conditions

These general terms and conditions are based upon the neutral terms and conditions of the Dutch home shopping organisation (the ‘Thuiswinkelorganisatie’). All irrelevant parts have been deleted; all other parts have mainly remained unchanged.
 
Index:
Article   1 - Definitions
Article   2 - Identity of the trader
Article   3 - Applicability
Article   4 - The offer
Article   5 - The contract
Article   6 - Right of withdrawal
Article   7 - Customers’ obligations during the withdrawal period
Article   8 - Customers who exercise their right of withdrawal and the costs involved
Article   9 - Traders’ obligations in a case of withdrawal
Article  10 - The price
Article  11 - Contract fulfilment and extra guarantee
Article  12 - Supply and implementation
Article  13 - Payment
Article  14 - Complaints procedure
Article  15 - Disputes
Article  16 - Additional or different stipulations
 
Article 1 - Definitions
The following definitions apply in these terms and conditions:
1. Supplementary agreement: an agreement in which the consumer obtains products via a distance contract, and the trader or a third party delivers these products in accordance with an agreement between that third party and the trader;
2. Withdrawal period: the period within which the consumer can make use of his right of withdrawal;
3. Consumer: the natural person whose actions are not carried out for objectives relating to the course of a trade, a profession or a business;
4. Day: calendar day;
5. Durable medium: every means - including emails - that enables the consumer or trader to store information that is addressed to him in person in a way that facilitates its future use or consultation during a period that is in keeping with the objective for which the information is intended, and which facilitates the unaltered reproduction of the stored information;
6. Right of withdrawal: the possibility for the consumer to waive a distance contract within the withdrawal period;
7. Trader: Thepillowsshop.com B.V. as detailed in article 2 hereof;
8. Distance contract: a contract concluded between the trader and the consumer within the framework of system organized for the distance sale of products, whereby sole or partly use is made of one or more techniques for distance communication up to and including the moment that the contract is concluded;
9. Model form for right of withdrawal: the European model form for right of withdrawal that is included in Appendix I of these terms and conditions. The trader is not obliged to provide Appendix I if the consumer has no right of withdrawal with regard to his order;
10. Technique for distance communication: means that can be used for communication regarding the offer made by the trader and concluding a contract, without the necessity of the consumer and trader being in the same place at the same time.
 
Article 2 - Identity of the trader
Name trader: Thepillowsshop.com B.V.
Registered address: Arnhemsestraatweg 62, 6991 JG Rheden
Telephone number and time(s) at which the trader can be contacted by telephone: +31 880 30 69 99
(to be contacted Monday to Friday, during office hours: 09:00 – 17:00)
Email address: info@thepillowsshop.com  
Chamber of Commerce number: 70156042
VAT identification number: NL858165958B01
 
Article 3 - Applicability
1. These general terms and conditions apply to every offer made by the trader and to every distance contract that has been concluded between the trader and the consumer.
2. Prior to the conclusion of a distance contract, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the trader will indicate, before the distance contract is concluded, in what way the general terms and conditions are available for inspection at the trader’s premises and that they will be sent free of charge to the consumer, as quickly as possible, at the consumer’s request.
3. If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the distance contract is concluded, the consumer will be provided with the text of these general terms and conditions electronically, in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, then before concluding the distance contract, the trader will indicate where the general terms and conditions can be inspected electronically and that at his request they will be sent to the consumer free of charge, either electronically or in some other way.
4. In cases where specific product or service-related terms and conditions apply in addition to these general terms and conditions, the second and third paragraphs apply by analogy and the consumer can always invoke the applicable condition that is most favourable to him in the event of incompatible general terms and conditions.
 
Article 4 - The offer
1. If an offer is subject to a limited period of validity or is made subject to conditions, this will be explicitly mentioned in the offer.
2. The offer contains a complete and accurate description of the products being offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the trader makes use of illustrations, these will be a true representation of the products being offered. The trader is not bound by obvious errors or mistakes in the offer.
3. Every offer contains information that makes it clear to the consumer what rights and obligations are related to the acceptance of the offer.
 
Article 5 - The contract
1. The contract will be concluded, subject to that which is stipulated in paragraph 4, at the moment at which the consumer accepts the offer and the conditions thereby stipulating they have been fulfilled.
2. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. The consumer can dissolve the contract as long as this acceptance has not been confirmed by the trader.
3. If the contract is concluded electronically, the trader will take suitable technical and organizational measures to secure the electronic transfer of data and he will ensure a safe web environment. If the consumer is able to pay electronically, the trader will take suitable security measures.
4. The trader may obtain information – within statutory frameworks – about the consumer’s ability to fulfil his payment obligations, as well as about facts and factors that are important for the responsible conclusion of the distance contract. If that research gives the trader proper grounds for declining to conclude the contract, then he has a right, supported by reasons, to reject an order.
5. The trader will send to the consumer, at the latest when delivering a product, the following information, in writing, or in such a way that the consumer can store it on an accessible durable medium:
a. the office address of the trader’s business location where the consumer can lodge complaints;
b. the conditions under which the consumer can make use of the right of withdrawal and the method for doing so;
c. information on guarantees and existing after-sales service;
d. the price, including all taxes on the product; the costs of delivery insofar as applicable, and the method of payment, delivery the distance contract;
e. in the event the consumer has a right of withdrawal, the model form for right of withdrawal.
6. In case of an extended duration contract, the stipulation in the previous paragraph applies only to the first delivery.
 
Article 6 - Right of withdrawal
1. When purchasing products, the consumer has the right to dissolve a contract, without giving reasons, during a period of 14 days. The trader is allowed to ask the consumer for the reason of this dissolution, but the consumer is under no obligation to state his/her reason(s).
2. The period stipulated in para. 1 commences on the day after the product was received by the consumer, or a third party designated by the consumer, who is not the transporting party, or:
a. if the consumer has ordered several products: the day on which the consumer, or a third party designated by the consumer, received the last product. The trader may refuse a single order for several products with different delivery dates, provided he clearly informed the consumer of this prior to the ordering process.
b. if the delivery of a product involves different deliveries or parts: the day on which the consumer, or a third party designated by the consumer, received the last delivery or the last part;
c. with contracts for the regular delivery of products during a given period: the day on which the consumer, or a third party designated by the consumer, received the last product.
 
Article 7 - Consumers’ obligations during the withdrawal period
1. During the withdrawal period, the consumer shall treat the product and its packaging with care. He shall only unpack or use the product as far as necessary in order to assess the nature, characteristics and efficacy of the product. The point of departure here is that the consumer may only handle and inspect the product in the same way that he would be allowed in a shop.
2. The consumer is only liable for the product’s devaluation that is a consequence of his handling the product other than as permitted in para. 1.
3. The consumer is not liable for the product’s devaluation if the trader did not provide him with all the statutorily obligatory information about the right of withdrawal before the contract was concluded.
 
Article 8 - Consumers who exercise their right of withdrawal and the costs involved
1. A consumer who wants to exercise his right of withdrawal shall report this to the trader, within the withdrawal period, by means of the model form for right of withdrawal as included in Appendix I, or in some other unequivocal way.
2. As quickly as possible, but no later than 14 days after the day of reporting as referred to in para. 1, the consumer shall return the product, or hand it over to (a representative of) the trader. This is not necessary if the trader has offered to collect the product himself. The consumer will in any case have complied with the time for returning goods if he sends the product back before the withdrawal period has lapsed.
3. The consumer returns the product with all relevant accessories, if reasonably possible in the original state and packaging, and in accordance with the reasonable and clear instructions provided by the trader.
4. The risk and the burden of proof for exercising the right of withdrawal correctly and in time rest upon the consumer.
5. The consumer bears the direct costs of returning the product. If the trader has not declared that the consumer shall bear these costs or if the trader indicates a willingness to bear these costs himself, then the consumer shall not be liable to bear the costs of returning goods.
6. If the consumer exercises his right of withdrawal, all supplementary agreements are legally dissolved.
 
Article 9 - Traders’ obligations in a case of withdrawal
1. If the trader makes it possible for the consumer to declare his withdrawal via electronic means, then after receiving such a declaration, he sends immediate confirmation of receipt.
2. The trader reimburses the consumer immediately with all payments, including any delivery costs the trader charged for the returned product, though at the latest within 14 days after the day on which the consumer reported the withdrawal. Except in cases in which the trader has offered to retrieve the product himself, he can postpone refunding until he has received the product or until the consumer proves he has returned the product, depending on which occurs earlier.
3. For any reimbursement, the trader will use the same payment method that was initially used by the consumer, unless the consumer agrees to another method. Reimbursement is free of charge for the consumer.
4. If the consumer chose an expensive method of delivery in preference to the cheapest standard delivery, the trader does not have to refund the additional costs of the more expensive method. 
 
Article 10 - The price
1. During the period of validity indicated in the offer, the prices of the products being offered will not be increased, except for price changes in VAT-tariffs. 
2. Price increased within 3 months after the contract was concluded are only permitted if they are the result of statutory regulations or stipulations.
3. Price increased more than 3 months after the contract was concluded are only permitted if the trader stipulated as much and: 
a. they are the result of statutory regulations or stipulations; or
b. the consumer is authorized to terminate the contract on the day on which the price increase takes effect.
4. Prices stated in offers of products include VAT.
 
Article 11 - Contract fulfilment and extra guarantee
1. The trader guarantees that the products fulfil the contract, the specifications stated in the offer, the reasonable requirements of reliability and the statutory stipulations and/or government regulations that existed on the date that the contract was concluded. If agreed the trader also guarantees that the product is suited for other than normal designation. 
2. An extra guarantee arrangement offered by the trader, manufacturer or importer can never affect the statutory rights and claims that the consumer can enforce against the trader on the grounds of the contract if the trader failed to fulfil his part in the contract.
3. An extra guarantee is defined as every commitment of the trader, his supplier, importer or manufacturer that grants the consumer rights or claims, in excess of those provided by law, for the event that he fails to fulfil his part in the contract.
 
Article 12 - Supply and implementation
1. The trader will take the greatest possible care when receiving and implementing orders for products.
2. The place of delivery is deemed to be the address that the consumer makes known to the trader.
3. Taking into consideration that which is stated in article 4 of these general terms and conditions, the trader will implement accepted orders with efficient expedition, though at the latest within 30 days, unless a different period of delivery has been agreed. If delivery suffers a delay, or if the delivery cannot be implemented, or only partially, the consumer will be informed about this at the latest 30 days after the order was placed. In this case, the consumer has a right to dissolve the contract free of charge and a right to possible damages.
4. Following dissolution in accordance with the previous paragraph, the trader refunds the consumer immediately the sum he had paid.
5. The risk of damage and/or loss of products rests upon the trader up to the moment of delivery to the consumer or a representative previous designated by the consumer and announced to the trader, unless this has explicitly been agreed otherwise.
 
Article 13 - Payment
1. As far as no other date is stipulated in the contract or supplementary conditions, sums payable by the consumer should be paid within 14 days after commencement of the withdrawal period, or in the absence of a withdrawal period within 14 days after the conclusion of the contract. 
2. Where advance payment is stipulated, the consumer cannot invoke any rights whatsoever in relation to the implementation of the order in question before the stipulated advance payment has been made.
3. The consumer is obliged to report immediately to the trader any inaccuracies in payment data provided or stated.
4. If a consumer fails to fulfil his payment obligation(s) in good time, after the trader has informed the consumer about the late payment, the consumer is allowed 14 days in which to fulfil the obligation to pay; if payment is not made within this 14-day period, statutory interest will be payable over the sum owed and the trader has the right to charge reasonable extrajudicial costs of collection he has incurred. These costs of collection amount to, at the most: 15% of unpaid sums up to €2,500; 10% over the next €2,500; and 5% over the next €5,000, with a minimum of €40. The trader can make departures from these sums and percentages that are favourable to the consumer.
 
Article 14 - Complaints procedure
1. A consumer who has discovered shortcomings in the implementation of a contract must submit any complaints to the trader without delay, in full and with clear descriptions via e-mail.
2. A reply to complaints submitted to the trader will be provided within a period of 14 days, calculated from the date of receipt. If it is anticipated that a complaint will require a longer processing time, then the trader will reply within 14 days, confirming receipt and indicating when the consumer can expect a more elaborate reply.
3. The consumer should give the trader a time period of at least 4 weeks to solve the complaint in joint consultation.
 
Article 15 - Disputes
Contracts entered into between the trader and the consumer and which are subject to these general terms and conditions are subject only to Dutch law.
 
Article 16 - Additional or different stipulations
Additional stipulations or stipulations that differ from these general terms and conditions, may not be detrimental to the consumer and should be recorded in writing, or in such a way that consumers can store them in a readily accessible manner on a durable medium.
 
Appendix I: Model form for right of withdrawal
 
Model form for right of withdrawal
 

 

(This form should only be completed and returned if you want to withdraw from the contract)

 

Thepillowsshop.com B.V.

Rendementsweg 6

3641 SK Mijdrecht

info@thepillowsshop.com

 

Place:
Date:

 

Right of withdrawal

 

Dear Sir/Madam,

 

I/we* herewith inform you that, in respect of our contract regarding the sale of the following products: [description of the product]* I/we* exercise our right of withdrawal.

 

-           Ordered on*/received on* [date of receiving goods]

 

*Delete or provide supplementary information, as applicable.

 

I expect my payment of € ________________ to be returned no later than 14 days after the date of this letter to bank account number ________________ to the attention of ________________

 

Yours sincerely,

 

[Consumer(s)’ signature]

 

[Consumer(s)’ name]

[Consumer(s)’ address]

[Consumer(s)’ e-mail]

[Consumer(s)’ telephone number]

 

 

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