Terms & Conditions

General Terms and Conditions Sleepy Bo B.V. – Webshop

Index:
Article 1. Definitions
Article 2. Identity of the company
Article 3. General
Article 4. Offer
Article 5. Agreement
Article 6. Right of revocation
Article 7. Prices
Article 8. Conformity
Article 9. Delivery
Article 10. Force Majeure
Article 11. Durations of transactions
Article 12. Payment
Article 13. Complaints
Article 14. Disputes
Article 15. Additional or other terms
Article 16. Textual differences between Dutch and English

Article 1. Definitions
In these general terms and conditions, the following terms shall have the following meaning:
Entrepreneur: a legal person who offers distance products and/or services to consumer (hereinafter: Sleepy Bo BV);
Consumer: the natural person who, not acting in the exercise of a profession or business, orders or purchases a product from Sleepy Bo BV;
Distance agreement: a contract whereby, within the scope of a system organized by the entrepreneur to sell products and/or services at a distance, use is made exclusively of one or more distance communication techniques up to and including the point in time when the contract is concluded;
Distance communication technique: means that can be used to conclude a contract without being necessary for the consumer and entrepreneur to simultaneously meet in the same place;
Day: calendar day;
Time for reflection: the term during which the consumer can use his or her right of revocation;
Right of revocation: the opportunity that the consumer has to decide not to accept the distance contract within the time for reflection;
Duration transaction: a distance contract relating to a series of products and/or services, of which the obligation to deliver and/or purchase is spread over a period of time;
Sustainable data carrier: any means which enables the consumer or entrepreneur to store information that has been addressed to him or her personally in a manner enabling him or her to consult and reproduce the stored data.

Article 2. Identity of the company
Sleepy Bo B.V.
Iepenplein 25
1091 JP Amsterdam
The Netherlands
Phone number: + 31 (0)6 19882423
Email address: info@sleepybo.com
Chamber of Commerce number: 59615648 (Amsterdam)
VAT-number: NL853571338B01

Article 3. General
3.1 These general terms and conditions apply to every offer made by Sleepy Bo BV and to every agreement concluded between Sleepy Bo BV and the consumer.
3.2 The text of these terms and conditions is made available to the consumer, via the Internet or (upon request) hard copy, before the distance agreement is concluded.
3.3 Additions to or deviations from these general terms and conditions shall only apply where agreed in writing between the parties.
3.4 If one (or more) of the provision(s) in these general terms and conditions is (are) declared null and void, the applicable provision(s) will become ineffective and Sleepy Bo BV will replace it (them) by a new comparable provision, and the other stipulations of the present general terms and conditions shall remain fully applicable.
3.5 Sleepy Bo BV reserves the right to change these general terms and conditions at all times.

Article 4. Offer
4.1 The offer contains a full and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to be able to properly assess the offer.
We cannot guarantee, specifically in relation to colors, that the colors displayed on our website are an exact representation of our actual products.
4.2 Obvious mistakes or errors in the offer do not bind Sleepy Bo BV.
4.3 All offers contain information that is of such a nature that it is clear to the consumer what rights and obligations are attached to accepting the offer.
4.4 If an offer is of limited duration or is subject to certain conditions, this will be explicitly stated in the offer.

Article 5. Agreement
5.1 Subject to the provision in sub paragraph 4, the agreement comes into effect the moment at which the consumer accepts the offer and the conditions are fulfilled. By placing an order, the consumer agrees with these terms and conditions.
5.2 If the consumer has accepted the offer electronically, Sleepy Bo BV confirms electronically that she has received the acceptance of the offer. The consumer can terminate the agreement as long as Sleepy Bo BV has not yet confirmed the receipt of the accepted offer.
5.3 Sleepy Bo BV can – within the legal frames – inquire whether the consumer is able to fulfil his/her payment obligations and find out any facts and factors that may be significant to whether or not concluding a distance agreement is justified. If, on the grounds of such inquiry, Sleepy Bo BV has valid grounds not to conclude the agreement, she is entitled to refuse an order or to attach special terms and conditions to the execution of the agreement
5.4 Sleepy Bo reserves the right at all times to subcontract its obligations under the agreement concluded with the consumer in full or in part to third parties.

Article 6. Right of revocation
6.1 If products are purchased, the consumer has the right to rescind the agreement in writing, without giving reasons for doing so, within a term of 14 days. This time for reflection starts on the day that the consumer, or a representative engaged by him or her and presented to Sleepy Bo BV, has received the product.
6.2 The consumer shall treat the product and packaging carefully during the time for reflection. The consumer shall only unpack or use the product to the extent required to be able to assess whether to keep it or not. If the consumer uses the right of revocation, products shall be returned together with all accessories, in the original state and packaging, in accordance with the instructions provided by Sleepy Bo BV.
6.3. If the product is used, mortgaged or damaged in any way, the consumer’s right of revocation expires. The costs and the risks for returning the products will be borne by the consumer.
6.4 Following receipt and inspection of the product by Sleepy Bo BV, Sleepy Bo BV will refund the payment made by the consumer as soon as possible for the product in question through a transfer to the bank account nominated by the consumer.
6.5 Sleepy Bo BV reserves the right to refuse the returned product or to refund only a proportionate part of the purchase price if Sleepy Bo BV suspects that the packaging of the product has been opened or that the product has been used and is no longer in perfect condition.

Article 7. Prices
7.1 The price of a product will not be increased, unless this will be necessary due to legal measures, higher price setting by the manufacturer, or due to changes in the VAT rates.
7.2 In case of special offers, these shall apply for a set period only and while stocks last.
7.3 Sleepy Bo BV cannot be required to comply with quotations that are evidently incorrect, for example if the consumer may reasonably be expected to understand that the quotation in question contains an apparent mistake or error.
7.4 Any additional delivery costs charged by Sleepy Bo BV to the consumer will be specified separately on the website.
7.5 Sleepy Bo BV expressly reserves the right to amend its prices. At the moment a new price is set the previous price will lapse automatically, no rights can be derived.
7.6 All prices stated with the products are in euros and include Dutch VAT.

Article 8. Conformity
8.1 Sleepy Bo BV guarantees that the products are in accordance with the agreement, the specifications stated in the offer, the reasonable requirements of reliability.

Article 9. Delivery
9.1 Sleepy Bo BV shall duly respect the greatest possible care when receiving and executing orders for products.
9.2 The place of delivery is the address that the consumer has communicated to Sleepy Bo BV.
9.3 Delivery is subject to availability.
9.4 Sleepy Bo BV shall execute accepted orders with competent alacrity, yet within 30 days, unless a longer delivery term was agreed. If the delivery is delayed or if an order cannot be delivered or only a part of it can be delivered, the consumer shall be informed of this no later than 30 days after the order has been placed. Otherwise, the consumer has the right to terminate the agreement without costs.
9.5 In case of termination in accordance with the previous sub-paragraph, Sleepy Bo BV shall return the purchase amount as soon as possible, yet no later than within 30 days after termination.
9.6 Sleepy Bo BV bears the risk for damage and/or loss of the product until it has been delivered to the consumer or to a representative engaged in advance and presented to Sleepy Bo BV, unless otherwise agreed.
9.7 The delivery time stated by Sleepy Bo BV shall never be considered as a firm deadline. Exceedance of the delivery time does not entitle the consumer to compensation.
9.8 As soon as the purchased product is offered to the consumer, Sleepy Bo BV has fulfilled its obligation to deliver.

Article 10. Force Majeure
10.1 If Sleepy Bo BV is unable to fulfil its obligations vis-à-vis the consumer as a result of Force Majeure or other extraordinary circumstance that cannot be attributed to Sleepy Bo BV, such as fire, strikes, stagnation in the supply of products, measures imposed by the country, unexpected deficiencies and/or disruptions at Sleepy Bo BV, its manufacturer, or its suppliers, Sleepy Bo BV is entitled to suspend its fulfilment of its contractual obligations in full or in part until a later date.
10.2 In the event of a situation as referred to in sub-paragraph 1 of this article, Sleepy Bo BV is not liable and shall never be obliged to compensate the consumer for any loss incurred.

Article 11. Duration of transactions
11.1 The consumer can at any time terminate an agreement that has been concluded as an open-ended contract, on condition that the agreed rules on giving notice are duly respected and subject to a maximum notice term of one month.
11.2 An agreement for a definite period has a duration of maximum one year. If it is agreed that the silence of the consumer will renew the agreement, it will be continued as an agreement for indefinite period, with a maximum notice term of one month for termination.

Article 12. Payment
12.1 The consumer will issue payment to Sleepy Bo BV using one of the payment options indicated on the website.
12.2 The amounts owed by the consumer must be paid within 14 days after the time of reflection as referred to in Article 6 sub-paragraph 1, unless otherwise agreed.
12.3 Where products are sold to consumers, a prepayment negotiated in the general terms and conditions may never exceed 50%. If prepayment is stipulated, a consumer cannot enforce any right whatsoever relating to the execution of the respective order before the prepayment has been made.
12.4 The consumer is obliged to report to Sleepy Bo BV any inaccuracies in the payment data provided or stated.
12.5 If the consumer fails to pay, Sleepy Bo has the right to charge the consumer for the reasonable costs of which the latter had been informed in advance and which were actually incurred.

Article 13. Complaints
13.1 Complaints relating to the agreement must be submitted in writing to Sleepy Bo BV, within a reasonable time, as soon as the consumer has detected the defects.
13.2 Complaints submitted to Sleepy Bo BV will be answered within 14 days, as from the date of receipt. If a complaint requires a longer processing time, Sleepy Bo BV will give an indication of when the consumer can expect a more detailed response.
13.3 If the complaint cannot be resolved by mutual deliberation, parties are free to submit the dispute before the competent court.

Article 14. Disputes
14.1 All sale agreements between Sleepy Bo BV and the consumer to which these terms and conditions apply, are governed exclusively by Dutch law.
14.2 In case of any disputes, and if the complaint cannot be resolved by mutual deliberation, both Sleepy Bo BV and the consumer are free to submit the dispute before the competent court.

Article 15. Additional or other terms
15.1 Additional or different provisions from these general terms and conditions may not be to the consumer’s detriment and must be laid down in writing or, in such a manner that the consumer can easily save them on a sustainable data carrier.

Article 16. Textual differences between Dutch and English
16.1 This document was drawn up in Dutch. The Dutch version shall prevail in any dispute arising from a translation of this document.

January 2014