Terms and Conditions

Terms and Conditions

These terms and conditions apply to all offers, quotations, sales, (down) supplies and / or agreements and all related activities and acts of www.123babymattress.com InternetShop Matrassenmaker, established in Helmond - hereafter Seller, released and / or concluded with the relevant counterparty - hereinafter referred to as copper. These terms apply equally to all described above (legal) actions if seller thereby enabling himself or a third party. In such a case, the third party for the purposes of these conditions as much as "seller" and the question may or third party to the buyer there directly by individuals.

Article 1: Offer and acceptance
1.1. All offers of seller are not binding unless they contain a deadline for acceptance. All bids or proposals automatically expire after seven days.
1.2. If an offer contains an offer without obligation and this is accepted by the buyer the seller is entitled to the offer within three working days of receiving revoke acceptance.
1.3. If the buyer in writing (including, fax, e-mail or other electronic means) has placed an order or order a mattress tailored to the Seller shall be irrevocable. Buyer must to place an order to its correct name, address and phone number on display when placing their order.
1.4. If the buyer placed an order described as in 1.3 or buyer can not change the size and type of mattress.
1.5. If the buyer ordered mattress custom still cancel after it has been put into production and / or manufactured without the mattress is delivered, the buyer is obliged to fully seller pay the total invoice amount as specified in the tender.
1.6. Should a software and / or technical error in the shop of the seller sales unexpectedly changed and buyer has placed an order and / or paid then the sale automatically dissolved. Seller book than any amount paid back to the account of the buyer.

Article 2: Delivery
2.1. The delivery periods indicated on the Seller's website no deadlines unless in writing between buyer and seller agreed separately.
2.2. By force majeure is understood to mean, without prejudice which is below it in the law and jurisprudence, in any case, it is understood, each of the will of the vendor circumstance independent persistent which performance of the agreement or temporarily prevented, such as, inter alia, war and danger of war, civil unrest, full or partial mobilization, strikes, lack of raw materials, stagnation in the supply of goods by the suppliers, unforeseen conditions in the business, transport difficulties, import and / or export restrictions, frost, fire, epidemics, (natural) disasters and other unforeseen obstacles to the manufacture or transport of goods wholly or partly impossible to make. The provision also applies if such circumstances arise in this section in respect of plants,
2.3. If seller above majeure is prevented from fulfilling the contract, he is entitled, without judicial intervention, at his option, either the execution to suspend the force majeure circumstance ceases to exist or the agreement without judicial intervention, wholly or partially dissolve , without being obliged to pay compensation.

Article 3: Payment
3.1. Seller stated in its tender the buyer must make the payment.
3.2. Payment must be made by way of advance payment, deposit or paying the entire bill including any delivery charges.
3.3. If the seller will supply order should then buyer once the parcel number / delivery confirmation by email, phone otherwise received the prepayment invoice amount including delivery directly to the bank account of the seller.

Article 4: Late payment / no payment
4.1. Exceeding the payment and / or cancel the order and / or will not pay the buyer is legally in default and Seller is entitled to charge the fee for the transaction in the Netherlands statutory rate.
4.2. Furthermore, the buyer shall reasonably necessary costs incurred to obtain payment out his right due. When a collection owned by a lawyer, bailiff and / or collection agency is given the costs payable by the purchaser shall be at least equal to the then applicable suggestions and recommendations for a graduated collection rate as defined in the Decree on fee collection costs (Law Standards Collection Charges) which in took effect on July 1, 2012.
4.3. For business transactions, the seller is entitled to 15% of the outstanding invoice amount to charge the buyer being the reasonable costs incurred out of court to achieve recovery of the invoice amount owed to.

Article 5: Complaints Complaints
5.1. Complaints are defined as any complaint of the Buyer with respect to the status of the (ex) goods and / or services. The buyer is obliged to immediately (show) upon receipt investigate whether the (off) delivered to the agreement.
5.2. Buyer can not rely on doing the delivered goods do not conform to the contract if he fails to do research or seller within the following terms of the defects informs.
5.3. Visible defects within seven days after receipt of the goods, hidden defects immediately after the buyer has discovered, but no later than 14 days after receipt of the goods in writing and motivated notify seller to be.
5.4. Complaints must be in writing, stating the order data, batch number, and faktuur- and any waybill numbers.
5.5. Complained about goods may only be returned with the express written consent of the seller.
5.6. In case of reasonable, properly and timely filed complaints Seller, at its discretion, taking into account the interests of the buyer and the nature of the complaint, required to:

1. Delivery of the missing;
2. Provision of the missing;
3. Restoration of the goods delivered;
4. Replacement of the goods delivered;
5. A refund of the purchase price against return delivered;

Seller will make this decision within 14 days by the seller merits of the complaint is determined and then fulfill his obligations within a reasonable period. In the absence of this choice within that period the buyer is entitled to choose between the above alternatives.
5.7. Seller always does its best to produce the specified dimensions of the copper approximate. A deviation of 2 to 3 cm per side (1x width, 1x length) is normal and buyer can do with vendor submit any advertising or complaint .. When buyer place an order with seller buyer is deemed to be aware of this condition.
5.8. The height of the mattress is approximately up to 3 cm, and can optionally differ with detachable mattresses. Buyer can not complain about it. But buyer can return the mattress after mattress seller after receiving the original (in the original packaging and unused) the invoice amount to the buyer will make. When the mattress out of the original packaging is removed then the seller is entitled to charge to charge the buyer and the costs to be deducted from the payable invoice amount.

Article 6. Return / Cooling Period & Warranty
6.1 After buyer receives the ordered product, the purchaser has the power to the agreement with vendor without giving any reason to cancel within seven working days of receipt of the product. This does not apply to products manufactured customized on request of the buyer.
6.2. If the buyer wants to cancel, buyer should advance in writing (email, letter or fax) to report to the vendor contract. Buyer may ordered only after approval of vendor return to vendor. The product no later than the 7th business day following receipt again in the possession of seller to send the goods back or bring to the business address of the seller. Buyer hereby bears the costs and risk of returning the goods. Payments buyer has done will seller within 14 days of receipt of the returned product transfer to the account of the buyer.
6.3. To appeal to this return policy in addition to the above items also apply to the following conditions:

1. The delivered products must be 100% sales worthy.
2. There must be made no changes to the delivered product.
3. The packaging must unopened, the product must be unused and undamaged.
6.4. All sent documentation, guarantees and packaging materials must be included with the return. Seller reserves the right to return goods to refuse or to only a portion of the amount already paid to credit where it is suspected that the product has been opened, used or your debt (other than those of the seller or supplier of the product ) is damaged.

6.5. If a product is returned that has accumulated at the discretion of the seller damage caused by an act or omission of the buyer or otherwise for the buyer risk, seller buyer in writing (fax, letter or e-mail) inform. Seller is entitled to the value of the product as a result of this damage from the buyer to pay to keep amount back. This cooling-off period does not apply to goods made to measure, for mattresses and mattress covers for special one-time offers or products intended for professional use. The cooling off period is valid only if the buyer has purchased a product from the vendor's website. For orders in the shop / showroom seller the cooling-off period does not apply. NB:
6.6 Seller shall deliver all goods warranty, excluding one-time offers. Warranty information can be found in the product description of the goods. If on mattresses on the product warranty status, this means that vendor warranty gives the rigidity of the core.

6.7. When not using a good Mattress Protector, fitted sheet, mattress protector so that the core and the mattress fabric dirty / damaged will void the warranty on this product and the product description stated. In some cases this means on-site warranty, ie repair or exchange the buyer at home or at work: If the goods are damaged or not properly, then the buyer can return item within 7 days to the seller. The costs are borne by the buyer. To the item to the seller returning buyer must contact seller mentioned on the invoice accompanying the goods over the telephone. After review by buyer or seller receives a new article, the money, or is restored to the article. If a product should be repaired buyer brings the product to Seller, Seller makes the article to be repaired free of charge. If the buyer item for repair can only be the product immediately repaired after further consultations. As a seller must pick up the article and / or provide for and after repair vendor brings this collection and delivery fee to buyer. Our suppliers guarantee that all foams are free of CFCs and are safe to sleep on.

6.8. The standard warranty period the seller gives the products offered in her shop, if explicitly stated another warranty period is 3 years. For this purpose, the following conditions apply:
1. The weight class of the user should correspond to the maximum Weight class of the mattress;.
2. The bed base must be in good condition so no cracks and missing slats etc .;
3. A slatted base, the max distance between the slats are 3 to 4 cm.;
4. A pegboard base: protect mattress with a mattress protector on the bed base;
5. Spiral Bottom: protect mattress with a mattress protector on the bed base;
6. Slats unsanded, protect mattress with a mattress protector on the bed base;
7. Protect Top mattress with a proper mattress protector and fitted sheet;
8. There should not protrude on the bed base which the mattress can push / damage;

Article 7: Liability
7.1. The liability of the seller under the sales contract, including liability for failure or late delivery or defects in the goods supplied is limited to the net invoice value of the goods concerned. If the seller of liability is insured involved in the case concerned the liability of the seller is above limited to the amount paid by the insurer. Seller is not liable for damage which the buyer is assured.
7.2. The same limitation of liability applies if the seller by the buyer for reasons other than the sale is held liable.
7.3. Seller is not liable for indirect damages, including lost profits, consequential damages, lost savings and loss due to business interruption.
7.4. The above limitations of liability in respect of intent and gross negligence by directors and executives of Seller.
7.5. Buyer shall indemnify Seller for all claims relating to the (off) goods and / or services from third parties, including employees of both seller and buyer.
7.6. Paragraph 2 of Article 5 shall be without prejudice.

7.7. Seller always does its utmost to specified sizes to produce the copper approximate deviation of 2 to 3 cm per side is normal, buyer seller, may not responsible and seller is not liable for any direct or indirect damages buyer or to third parties that may result.

Article 8: Retention of title
8.1. The delivered goods only become the property of the buyer, if it has fulfilled what vendor under any (earlier or later) contracts with copper and / or may have reseller performed or to provide services or activities to be recovered or if (re) to get.
8.2. Copper is within reasonable limits must cooperate to provide all measures that vendor to protect the delivered goods and / or its title to such matters would take.
8.3. If third parties seize the goods delivered or rights to establish or exercise shall be applicable under retention of title, the buyer is obliged seller immediately in writing to inform.
8.4. If the seller notwithstanding the previous not the property of the obtained by copper produced goods buyer will first request the seller provide every possible assistance needed to establish whether or not possessory pledge (in some cases partly attributable to other holders) on the relevant issues for the seller.

8.5. If buyer payment or fails in time or if well-founded fear that this will happen, the seller is entitled delivered goods subject to retention of title referred to in paragraph 1, the business and affairs referred to in paragraph 4 referred to in paragraph 3 that a possessory pledge rest, the purchaser or third parties in the case before the buyer get away or get away to do. Buyer is obliged to do all cooperate to provide, under penalty of a fine of 10% of the owed by the Seller, with a minimum of 50 euros per day or part thereof that the buyer is in default with the fulfillment of this obligation.

Article 9 Default
9.1. If the buyer is in default and / or seller has good grounds to fear that the buyer does not or fails to meet its payment obligations or the order will cancel, the seller will, without being obliged to pay any compensation and without prejudice to any further rights, entitled:

(a) require advance payment or security;
(b) the implementation of all (relevant, earlier or later) distribution wholly
or in part, to suspend;
(c) agreed payment terms, whether or not other revoke agreements,
so that all (other) outstanding claims will be immediately due and payable;
(D) obligations from other contracts with the buyer to suspend;

9.2. Seller shall be entitled only to the above mentioned measures as far as the (dreaded) failure of buyer justifies these measures.
9.3. If the buyer wants to take out her order more receiving and / or they do not want to pay or only a portion will pay the buyer will be in default, purchaser is obliged to pay immediately the full agreed amount to the seller. Would not pay buyer than seller can rely on all the provisions Article 4 late payment.
9.4 If buyer upon delivery on agreed date and time is not present, not three days before another date agreed for delivery seller, the buyer will be in default. Buyer pays extra delivery for each attempt seller must deliver the goods ordered over again, make every attempt to be multiplied by the delivery of the first delivery. Paid buyer does not then it is in default, Seller may then rely on what is stated in Article 4 late payment.

Article 10: Applicable law and competent court
10.1. All offers, quotations, sales, (down) supplies and agreements described in the introduction of these terms and conditions is governed by Dutch law, to the exclusion of conventions and uniform laws on the international sale of goods. Any dispute subject to the jurisdiction of the Court, the Court will only have jurisdiction over the place where the headquarters of the seller is located. For claims of the seller, however, also the Court of plant-, copper residence jurisdiction.

Article 11: Use website
11.1. The above items are also applicable to any type of use of the website www.123babymattress.com which means visiting them, ordering, buying items, navigating from these websites to other websites, copying and sharing documents, the use of information from this website in any form. If the purchaser there you disagree, buyer must leave this website immediately. (Clicking this purpose one or more times on the "Back" or "Back" on your browser.) By placing an order on the website of the seller declares buyer agrees to these Terms and Conditions. The premise of seller that the buyer has satisfied itself of the terms and conditions of the seller before placing an order at her place.

Article 12: Exoneratieclausul
12.1. To the amount permitted by the law, the seller is not liable for any damages of any kind and under whatever name, which may result from the use of our websites. By using the website indemnify Buyer Seller expressly from any liability.

Article 13: Website Content
13.1. The information on this site get in good faith and to the best knowledge and science provided. Seller shall as far as possible in order to provide factual correct information. Seller can not be held responsible for any typographical errors or outdated information.

Article 14: Links to other websites
14.1. If this website includes links to other websites, is only done by means of service, without there may be inferred that the seller accepted in any way any responsibility for the contents of those websites.

Article 15: Downloading Files
15.1. If from this website or from websites where to be made from this website links, files of any content can be downloaded, so at your own risk occurs without any liability for damage to your system and related harm, or any damages whatsoever, is accepted.

Article 16: Cancellation
17.1. From the moment of delivery to the moment of sending is that you can always cancel free of charge an order without giving reasons. Exceptions here are especially for you products or assembled specifically for you custom manufactured products such as mattresses. Cancel the order after the order is shipped to you, the seller is obliged to charge the shipping (and possibly incurred additional costs) into account. All cancellations must be made in writing to submit to seller. This can be done via email or by post. Purchaser shall state in a written cancellation at least his / her full name, telephone number and order number. For the repayment of amounts already paid (in advance) seller also need your bank account. Customers from Belgium should also mention the IBAN and BIC / Swift number of their own bank. Note: the account you specify for the repayment must be equal to the account, which you have made the payment to the seller. This because of possible fraud with repayments. Already paid shall be refunded within 14 days of you.

Website www.123babymattress.comis built, operated and owned by Mattresses Factory, located in Helmond and registered with the Chamber of Commerce in Eindhoven under no .: 73551589. All material on this website is owned by Factory Mattresses or partners mattresses Factory permission gave the material to use. You may pick up material from this site or on a computer screen display, individual pages on paper and print these pages for personal and noncommercial use in electronic form Save writing. Unless otherwise expressly provided above, it is not allowed, the material in whole or in part, to multiply, to adjust or in any way to exploit commercially.

1.The distribution of (part of) the material (eg by using of it all part of a library, archive, website, brochure or similar service);
2.The removal of the copyright or trademark sign of any copies made in accordance with these conditions of the material;
3.The create a database in electronic or structured manual form ear material systematically fully or partially to download and store.

The above articles of the General Conditions applicable to www.123babymattress.com - Matrassenmaker, located Vossenbeemd 107C, 5705CL Helmond. Chamber of Commerce no .: 73551589