Article 2. Applicability and change
These Terms and Conditions apply to all Supply Agreements, regardless of the manner in which they are concluded, unless Bedden Shop BV has expressly declared other terms and conditions to be applicable.
By entering into the Supply Agreement, the Customer declares that it is aware of and agrees with these Terms and Conditions.
If Bedden Shop BV enters into a Supply Agreement on behalf of a Supplier (in accordance with Article 4 paragraph 5), the general terms and conditions of the relevant Supplier will apply in addition to these Terms and Conditions. These terms and conditions will be sent free of charge upon request. In the event of any conflict between these Terms and Conditions and the Supplier’s general terms and conditions, the latter shall prevail.
The content of these Terms and Conditions can only be deviated from by means of a written agreement between Bedden Shop BV and the Customer. In such a case, the provisions of these Conditions that have not been explicitly deviated from will remain in full force.
If any provision of these Terms is void or voided, the remaining provisions will remain in full force and effect. The void or voided provision will be replaced by a legally permissible provision that corresponds as closely as possible to the intention of the void or voided provision.
Bedden Shop BV can change these Terms and Conditions. The amended Conditions apply to all existing and future Supply Agreements from the date of entry into force, even if these were concluded before the amendment of the Conditions. In the event of an amendment to the Terms and Conditions that results in Bedden Shop BV delivering a substantially different performance than agreed, the Customer has the right to dissolve the Supply Agreement within four (4) weeks after the relevant amendment takes effect.
Article 3. Offers
All offers from Bedden Shop BV (whether or not on behalf of a Supplier) are without obligation and are subject to availability.
If an offer has a limited period of validity or is subject to specific conditions, this will be stated in the offer. Bedden Shop BV reserves the right to extend or shorten the duration of an offer without prior notice.
Obvious mistakes or errors in the offer do not bind Bedden Shop BV and the Supplier.
Weekly promotion offers are specially selected and have a limited sales time. The prices of the weekly promotions only apply when you order in the weekly promotion period. Refunds after the end of the weekly promotion period are not possible.
Article 4. Establishment of Supply Agreement
Without prejudice to the provisions of paragraph 3 of this article, the Supply Agreement is concluded at the moment that the Customer places an order with Bedden Shop BV.
The Customer cannot derive any rights from a confirmation of receipt (whether or not sent automatically).
The Supply Agreement is concluded at all times under the resolutive condition that Bedden Shop BV does not accept the Purchaser’s order. If an order is not accepted, Bedden Shop BV will inform the Customer of this in writing (which is also understood to be electronic in these Terms and Conditions) within ten (10) working days after receipt of the order.
Bedden Shop BV is entitled, if necessary without stating reasons, to refuse an order or to attach additional conditions to the conclusion of the Supply Agreement.
Article 5. Delivery
Mention of delivery times on the website, in offers, confirmations and/or agreements are indicative, but will be observed as much as possible. Exceeding a delivery term does not put Bedden Shop BV and the Supplier in default. Bedden Shop BV and the Supplier cannot be held liable for damage resulting from exceeding a delivery term.
If the product ordered by the Buyer is not in stock, and will not be available in the short term, the Supplier will inform the Buyer of this. If possible, the Supplier will supply the Buyer with an alternative article of at least equal price and quality.
The Customer must check his address details on the order confirmation e-mail for correctness. The Customer is obliged to pass on any inaccuracies to the Supplier no later than 3 working days before the agreed delivery date. Any costs resulting from incorrect address details will be passed on to the Customer.
Performance of the Supply Agreement and all notices and notifications relating to the Supply Agreement will take place at the address specified by the Customer.
Article 6. Termination/revocation
The Customer has the right to dissolve a Supply Agreement without giving reasons for 14 days after receipt of the article. An exception to this are products specially composed for you or products specially ordered for you (this applies to all beds, box springs, mattresses and slatted bases). All cancellations must be communicated to Bedden Shop BV in writing. In any case, you must state your full name, telephone number and order number in your written cancellation. In the event of dissolution, the item must be returned to the Supplier immediately and responsibly (ie with the least possible risk of damage). If the Customer wishes to cancel his order of custom-ordered items such as beds, box springs, mattresses and slatted frames during the order period,
The costs for returning the order must be paid by the Customer. Any damage that occurs during the return shipment to the Supplier is the responsibility and expense of the Customer.
After the Customer has invoked the dissolution and the order has been returned and it meets the stated conditions of paragraph. 6.2, Bedden Shop BV will refund the amount due to the Customer within 14 days. Refunds will be made to the bank or giro account specified by the Customer.
The claim to reimbursement is subject to the following conditions:
The articles are completely complete and in the original condition;
The items must be in the original closed and unopened packaging (if the Customer uses the assembly service and the items have been unpacked and/or placed, the right of return will also lapse);
The articles are unused and undamaged;
The articles are clean, as the Customer received them;
The Customer can submit the original purchase invoice;
The right of return does not apply to products that have been ordered/made to measure (such as all beds, box springs, mattresses and slatted frames) or to special one-off offers.
Article 7. Prices and payment
All stated prices are in euros, including VAT, other taxes or levies, and excluding shipping costs, unless stated otherwise or agreed in writing.
Bedden Shop BV expressly reserves the right to change the prices of Products. If an offer has a limited period of validity, the price will not be changed during that period, except as a result of a change in the VAT rate or to correct printing or typing errors.
The payment methods offered may differ, depending on the way in which the Supply Agreement is concluded. If costs are associated with a certain payment method, this will always be clearly stated.
Payment must be made within the term stated on the invoice, or in the absence thereof, within 14 days of the invoice date.
In the case of direct debit, the amount will be collected by Bedden Shop BV immediately after the advance notice of the direct debit.
The reversal of an amount collected (automatically) by Bedden Shop BV does not release the Customer from its payment obligation.
If the Customer fails to pay an amount due (on time), Bedden Shop BV is entitled to suspend or dissolve (the performance of) the Supply Agreement.
If a payment term is exceeded, the Customer will be in default by operation of law and will owe interest of 1% per month from the due date, calculated on the outstanding amount, whereby part of the month is counted as the whole month.
All (extra)judicial) costs involved in collecting the amount due will be borne by the Customer, whereby the extrajudicial costs are set at at least 15% of the principal sum due, plus interest, with a minimum of € 150. Insofar as the Customer is not acting in the exercise of a profession or business, the extrajudicial costs will be set at an amount equal to the statutory maximum permitted compensation with regard to the extrajudicial collection costs, as determined in and calculated in accordance with the Decree on compensation for extrajudicial collection costs
Complaints regarding invoices must be addressed to Bedden Shop BV within 8 (eight) days after receipt of the invoice.
Article 8. Delivery
The Customer must check its address details on the order confirmation for correctness. The Customer is obliged to notify Bedden Shop BV of any inaccuracies no later than 3 working days before the agreed delivery date. Any costs resulting from incorrect address details will be passed on to the Customer.
Deliveries only take place in the Netherlands and Belgium. We charge a surcharge for deliveries in Belgium or on the Wadden Islands. The Supplier judges the manner in which the Buyer’s order is delivered. Beds, Boxsprings and/or Mattresses that are supplied by the Supplier but are not assembled can be delivered by an external transporter, these transporters deliver the goods to the threshold of the front door.
The Supplier delivers orders on the delivery day agreed with the Customer during a pre-arranged time indication by e-mail or telephone. Delivery takes place at the address specified by the Customer. Small items such as duvets, pillows, fitted sheets and flannels, etc., are delivered to the Customer’s home by a parcel service.
If the Buyer is not present at the specified delivery address at the time agreed with the Supplier, the Supplier is authorized to charge the Buyer for the delivery costs for a subsequent delivery.
Before delivery, the Buyer must clear the entrance/passage of the home from obstacles, in order to prevent damage to the article and/or the Buyer’s property.
By signing the delivery note, the Customer signs for correct and complete delivery. If the Buyer’s order is delivered by a parcel service, the Buyer normally signs the consignment note of the parcel service for receipt of his order. If no signature is required, the delivery confirmation of the parcel service is leading.
Article 9. Retention of title; risk transfer
Ownership of a Product is only transferred if the Buyer has paid all that it owes Bedden Shop BV under the Supply Agreement.
Without prejudice to the provisions of paragraph 1, the risk in respect of a Product is already transferred to the Customer at the time of delivery to the Customer.
Article 10. Warranty
If the Product you have purchased shows defects upon arrival, please report this immediately by e-mail or telephone. We will then request the Supplier to replace or repair the product as soon as possible.
If you wish to make a claim under the Supplier’s warranty, you must notify the Supplier in writing.
In any case, no guarantee applies in the following circumstances:
With regard to normal wear and tear.
If the original purchase invoice cannot be submitted, or if it has been changed or made illegible.
In case of improper use.
Damage caused by intent or gross negligence.
In the event of an external calamity (e.g.: lightning strike, power failure, natural disasters, etc.).
If others than the Supplier have carried out repairs or other work on the article without the prior permission of the Supplier.
The Customer is obliged to investigate with due speed after delivery of the ordered articles whether the Supply Agreement has been properly fulfilled and is also obliged to inform the Supplier in writing immediately, but no later than within 2 working days after delivery, of any defects found. If this does not happen, the Supplier (and Bedden Shop BV) will be deemed to have fulfilled its obligations under the Supply Agreement.
The warranty period from the supplier differs per item. The number of years of warranty is described in the product specifications on the site.
Article 11. Third Parties
All rights and entitlements stipulated for Bedden Shop BV under the Supply Agreement are also stipulated for third parties engaged by Bedden Shop BV.
Without prejudice to the provisions of paragraph 1, these Terms and Conditions only apply to the relationship between Bedden Shop BV and the Customer and third parties who are not party to the Supply Agreement cannot derive any rights from this.
Article 12. Liability
Bedden Shop BV is not responsible for and does not provide any guarantee with regard to the delivery of Products by Suppliers.
Bedden Shop BV is not liable for damage suffered by the Customer in connection with the purchase of a Product from a Supplier.
Bedden Shop BV is not liable for compensation or refund of amounts paid in the event of a possible cancellation of the delivery of a Product by the Supplier. If the Supplier requests Bedden Shop BV to refund the amount paid, Bedden Shop BV will do so after receipt of the relevant amount from the Supplier. Bedden Shop BV is under no circumstances obliged to reimburse more than the refund amount received from the Supplier.
Article 13. Communication
Bedden Shop BV is not liable for inaccuracies, delays or incorrect transmission of orders and communications from the Customer to Bedden Shop BV, unless there is intent or gross negligence on the part of Bedden Shop BV.
Article 14. Force majeure
In the event of force majeure on the part of Bedden Shop BV, Bedden Shop BV has the right to suspend performance of the Supply Agreement for as long as this situation continues or, at the discretion of Bedden Shop BV, to dissolve the Supply Agreement in whole or in part. Force majeure is in any event the case of shortcomings by suppliers or other relations of Bedden Shop BV, strike, (unforeseen) government measures, (concrete threat of) terrorist attacks or war, fire, natural disasters, as well as any other situation in which Bedden Shop BV cannot exercise decisive control.
If the force majeure situation on the part of Bedden Shop BV continues for more than two months, the Customer has the right to dissolve the Supply Agreement in whole or in part. 3. In the event of force majeure, Bedden Shop BV is not obliged to reimburse the Customer for any costs or damage.
Article 15. Applicable law and competent court
Only Dutch law applies to the Supply Agreement and these Terms and Conditions.
Disputes about the Supply Agreement and/or these Terms and Conditions will be submitted exclusively to the competent court in Amsterdam.