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Terms and conditions of Morningstar Sleeps

Article 1 – Definitions.

In these terms and conditions, the following terms, always capitalised, shall have the following meanings:

1. Morningstar Sleeps: Bizzy B.V., the user of these terms and conditions, located at Walenburgerweg 62A-01, 4357EW, Domburg, registered in the Trade Register under Chamber of Commerce number 84279540.

2. Consumer: any natural person not acting in the course of a profession or business, with whom Morningstar Sleeps has entered into or intends to enter into an Agreement.

3. Parties: Morningstar Sleeps and the Consumer jointly.

4. Agreement: any agreement concluded between the Parties via the ordering process on the Website, under which Morningstar Sleeps is obliged to deliver Products to the Consumer in exchange for an agreed price.

5. Website: https://morningstarsleeps.com.

6. Products: the goods to be delivered by Morningstar Sleeps to the Consumer under the Agreement, including but not limited to beds, mattresses, toppers, bedding, and pillows.

7. In writing: communication in writing, by email, or any other form of communication that can be equated to written communication.

Article 2 – Gegevens Morningstar Sleeps.

TRADE NAME: Bizzy B.V.

VAT NR: NL862587529B01

KVK NR: 84279540

ADDRESS: Walenburgerweg 62A-01

POSTCODE: 3033AE Rotterdam

TEL: +31 (0)10 899 8119

EMAIL: [email protected]

Article 3 – General provisions.

1. These terms and conditions apply to every offer made by Morningstar Sleeps, as disclosed on the Website, and to every Agreement concluded.

2. The invalidity or nullity of one or more provisions in these terms and conditions shall not affect the validity of the remaining provisions. In such a case, the Parties shall consult to agree on a replacement provision that reflects the purpose and intent of the original provision as closely as possible.

Artikel 4 – Offer and formation of the Agreement.

1. Every offer made by Morningstar Sleeps is non-binding and may be revoked immediately after acceptance by the Consumer, particularly but not exclusively in the event of the application of Article 4.7.
2. No beds are delivered to the Frisian Islands.
3. The Consumer cannot derive any rights from an offer by Morningstar Sleeps that contains an obvious error or mistake.
4. Mattresses delivered may deviate in width by up to 2 centimetres and in length by up to 1 centimetre from the dimensions stated on the Website. These deviations are common in the mattress industry and comply with the European Standard EN1334, which is also used by consumer organisations.
5. Pillows delivered may deviate in length, width, and thickness by up to 4 centimetres from the dimensions stated on the Website. Beds delivered may deviate in length, width, and height by up to 2% from the dimensions stated on the Website. Assembly deviations for beds may not exceed 1 centimetre. These deviations are also common in the industry.
6. An Agreement is concluded, subject to the provisions of the following paragraph, at the moment the Consumer accepts Morningstar Sleeps’ offer in the manner designated on the Website. Morningstar Sleeps will confirm the order by email as soon as possible.
7. Morningstar Sleeps reserves the right to verify the Consumer’s ability to meet their payment obligations under the Agreement, as well as any facts or factors relevant to the responsible conclusion of the Agreement. If Morningstar Sleeps has reasonable grounds to refuse the Agreement, it may reject the order or attach special conditions to its execution. In such a case, Morningstar Sleeps will inform the Consumer in writing, providing a reasoned explanation.

Article 5 – 100-night trial period.

1. Morningstar Sleeps is confident that the mattresses it delivers meet the Consumer’s expectations and therefore offers the opportunity to try a mattress for 100 nights. This policy applies to both mattresses sold separately and those delivered in combination with a bed, provided that the policy is limited to one order per address and per Consumer, with a maximum of two single mattresses or one double mattress. A mattress with a width exceeding 100 centimetres is considered a double mattress.
2. The Consumer has the right to return a mattress covered by this policy within 100 days of receipt. However, the Consumer may only submit a return request from the 30th day after receipt of the mattress, as at least 30 days are needed to form a proper judgment of the mattress.
3. If a mattress has been opened after receipt, the right of withdrawal under Article 6.2B no longer applies. In such cases, the mattress falls under the 100-night trial policy. Morningstar Sleeps reserves the right to require the Consumer to complete a survey as a condition for processing the return request, to better understand the return and improve its products while preventing misuse.
4. To return a mattress, the Consumer must submit a return request via www.morningstarsleeps.nl/retouraanvraag/. The Consumer must complete the entire return process. An incomplete return request will be considered invalid. Morningstar Sleeps will confirm a completed return request. If the Consumer does not receive confirmation by email, they should assume the return request has not been completed. Within two weeks of receiving a correct return request, Morningstar Sleeps will contact the Consumer by phone or email to arrange collection of the mattress.
5. Morningstar Sleeps reserves the right to charge the Consumer €50 for processing a claim under the 100-night trial policy as described in this article.
6. The Consumer must make the mattress available for collection on the agreed day. If Morningstar Sleeps is unable to collect the mattress on the agreed day due to the Consumer’s actions, Morningstar Sleeps may charge the Consumer €65 for each occurrence, in addition to the costs referred to in Article 5.5.
7. The collection appointment must take place no later than 10 days after the end of the 100-day period. If this is not possible due to the Consumer’s actions, the 100-night trial policy and the right to return the mattress will lapse.
8. The Consumer is responsible for ensuring the mattress is neatly wrapped in plastic when handed over to the carrier. The mattress must be fully wrapped in plastic, with a minimum thickness equivalent to the plastic in which it was delivered. The plastic must also be securely taped. For mattresses handed over without plastic, Morningstar Sleeps will deduct €75 from the refund amount.
9. The purchase price of the returned mattress, minus any amounts referred to in Articles 5.5, 5.6, and/or 5.8, will be refunded to the Consumer’s bank account within 30 days of Morningstar Sleeps receiving the mattress, provided the mattress is returned in good condition. Any depreciation of the mattress caused by factors other than normal use will be deducted from the refund. If the depreciation equals or exceeds the purchase price, the Consumer is not entitled to any refund. The Consumer must notify Morningstar Sleeps of any damage to the mattress not caused by normal use when submitting the return request.
10. The 100-night trial policy does not apply if Morningstar Sleeps has reasonable grounds to believe the Consumer is misusing the policy or lacks serious purchase intent.
11. If the 100-night trial policy is invoked for a mattress that was part of a combination discount, the discount will be forfeited and deducted from the refund amount.
12. For mattresses not covered by the 100-night trial policy under Article 5.1, the statutory right of withdrawal under Article 6 applies.

Article 7 – Delivery terms.

1. 1. The delivery of the Products shall take place by delivering them to the address specified by the Consumer. When the bed frame has been ordered, it will be installed by a Morningstar Sleeps installer.
   2. Morningstar Sleeps reserves the right to deliver orders in parts. In such cases, the Consumer’s withdrawal period, if applicable, will only commence once the final partial delivery of the order has been received by or on behalf of the Consumer.
   3. The risk of loss or damage to the Products transfers to the Consumer at the moment the Products are received by or on behalf of the Consumer.
   4. Morningstar Sleeps will make every effort to meet the agreed delivery period between the Parties. However, all delivery periods Morningstar Sleeps stated are considered indicative and non-binding. In the event of a (foreseeable) delay in delivery, Morningstar Sleeps will notify the Consumer as soon as possible by email. Morningstar Sleeps shall not be considered in default until the Consumer has issued a written notice of default, specifying a reasonable period within which Morningstar Sleeps can still fulfil its delivery obligations, and Morningstar Sleeps fails to do so within that period.
   5. If the Consumer terminates the Agreement due to Morningstar Sleeps’ default, Morningstar Sleeps will ensure a refund is issued to the Consumer as soon as possible, but no later than 14 days after termination.
   6. If delivery of an ordered Product proves impossible, Morningstar Sleeps may, without prejudice to the provisions of paragraphs 4 and 5, choose to deliver a replacement Product. In such cases, it will be communicated to the Consumer at the time of delivery that a replacement Product is being provided. The right of withdrawal as referred to in Article 6 cannot be excluded for replacement Products. Additionally, the costs of any return shipment in such cases will be borne by Morningstar Sleeps.
   7. If Morningstar Sleeps incurs additional costs due to circumstances attributable to the Consumer, such as multiple delivery attempts, these costs will be charged to the Consumer.

Article 8 – Conformity and warranty.

1. Morningstar Sleeps guarantees that the Products comply with the Agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or other government regulations in force on the date the Agreement is formed (conformity/statutory guarantee).
2. Morningstar Sleeps offers a 10-year guarantee on the durability of the materials used in delivered mattresses. This means that Morningstar Sleeps guarantees that the foam layers in the mattresses will not deform for 10 years. The Consumer is entitled to claim under this guarantee if cracks or dents appear in the foam despite proper use of the mattress. Manufacturing defects that impair the functionality of the mattress, such as a zip that does not open, are also covered by this guarantee.
3. The guarantee for delivered toppers is two years and covers indentations of more than 2.5 cm. Manufacturing defects such as tears or holes in the topper are also covered, provided the Consumer reports them to Morningstar Sleeps within 30 days of discovery.
4. The guarantee for delivered beds is three months for discolouration and two years for structural breaks. For manufacturing defects related to the coating, the guarantee period is also two years. The guarantee for structural breaks and coating-related manufacturing defects is void if the bed is not installed by a Morningstar Sleeps installer.
5. The guarantee for delivered pillows is two years and covers indentations of more than 2.5 cm. For discolouration, as well as cracks or tears in the foam despite normal use, the guarantee period is two weeks.
6. The guarantee for delivered mattress protectors is two years and covers manufacturing defects in the zip or fabric of the protector, as well as defects in fastenings or seams. For discolouration of a protector, the guarantee period is two weeks.
7. In the event of a valid claim under the (statutory) guarantee for a protector under the previous paragraph, the Consumer is entitled to a new protector and not a completely new Product.
8. The guarantee periods referred to in the preceding paragraphs commence on the day the relevant Product is received by or on behalf of the Consumer.
9. The (statutory) guarantee shall lapse when:
   a) the delivered Products have been repaired or altered by the Consumer or by a third party on the Consumer’s instructions;
   b) a defect in the Product is the result of an external cause after delivery or another circumstance not attributable to Morningstar Sleeps, such as abnormal use, exposure to abnormal conditions, or stains, tears, or holes caused by the Consumer;
   c) the defect is wholly or partly the result of regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.
10. No claim can be made under the (statutory) guarantee based on personal preference regarding appearance or comfort.
11. A guarantee provided by Morningstar Sleeps, the manufacturer, or the importer does not affect the statutory rights and claims that the Consumer may enforce against Morningstar Sleeps under the Agreement. This means that the inapplicability or lapse of the guarantee as referred to in paragraph 2 and beyond does not preclude a claim under the statutory guarantee as referred to in paragraph 1.
12. A claim under the statutory guarantee as referred to in paragraph 1 must be made within two months of the Consumer discovering the defect. A claim under the guarantee as referred to in paragraph 2 and beyond must be made in writing within the specified guarantee period. In the event of a claim under the (statutory) guarantee, the Consumer must email a photo and description of the defect to [email protected].
13. In the event of a valid claim under the (statutory) guarantee, Morningstar Sleeps will, at its discretion, either replace the relevant Product free of charge or repair it free of charge.

Article 9 – Force majeure.

1. Morningstar Sleeps shall not be obliged to fulfil any obligation under the Agreement if and for as long as it is prevented from doing so by a circumstance that cannot be attributed to it under the law, a legal act, or generally accepted principles in society (force majeure). In addition to what is understood by force majeure under the law and case law, force majeure includes, but is not limited to, transport difficulties, epidemics, pandemics, fire, government measures, violent or armed actions, disruptions in communication networks, or in equipment or software of Morningstar Sleeps or third parties.
2. If the force majeure situation makes the fulfilment of the Agreement permanently impossible or lasts (or is expected to last) longer than 30 days, the Parties are entitled to terminate the Agreement with immediate effect.
3. If, at the time the force majeure situation arises, Morningstar Sleeps has already partially fulfilled its delivery obligations or can only partially fulfil them, it is entitled to invoice the already delivered portion or the deliverable portion of the Agreement separately, as if it were an independent Agreement.
4. Without prejudice to the application of the preceding paragraph, damage resulting from force majeure shall never be eligible for compensation.

Article 10 – Prices and payments.

1. The Consumer can no longer claim discounts offered by Morningstar Sleeps after the relevant promotion has ended.
2. Only one universal discount can be combined with one specific discount. A maximum of two discounts can be applied per order. Stacking additional discounts is not permitted.
3. The price agreed upon at the time the Agreement is concluded shall apply. If the price is subsequently reduced, the Consumer is not entitled to compensation.
4. All amounts on the Website are in euros and include VAT.
5. The Consumer is obliged to notify Morningstar Sleeps of any inaccuracies in the payment details as soon as possible.
6. Payment must be made using one of the payment methods designated by Morningstar Sleeps and within the period specified by Morningstar Sleeps or at the time indicated by Morningstar Sleeps.
7. In the case of advance payment, Morningstar Sleeps is not obliged to fulfil the Agreement until the Consumer has paid the amount owed to Morningstar Sleeps under the Agreement.
8. If payment is not made on time, the Consumer shall be deemed in default by operation of law. From the day the Consumer is in default, the Consumer shall owe statutory interest on the outstanding amount.
9. All reasonable costs incurred in obtaining amounts owed by the Consumer, such as legal, extrajudicial, and enforcement costs, shall be borne by the Consumer, in accordance with the Dutch Debt Collection Costs Act (Wet Incassokosten).

Article 11 – Liability.

1. The Consumer shall bear any damage caused by inaccuracies or incompleteness in the information provided by them. Furthermore, the Consumer shall bear any damage caused by a failure to fulfil obligations arising from the law or the Agreement, as well as any other circumstance not attributable to Morningstar Sleeps.
2. Morningstar Sleeps shall not be liable for any damage, of any nature, arising from the actions of on-site installers, unless such damage results from intent or gross negligence.
3. The liability of Morningstar Sleeps is limited to fulfilling its (statutory) warranty obligations as set out in Article 8. If repair or replacement under the (statutory) warranty is not possible, the liability of Morningstar Sleeps is limited to a maximum of the invoice value of the Agreement, or the relevant portion of the Agreement to which the liability relates, provided that the total compensation for damage shall not exceed the amount actually paid out by Morningstar Sleeps’ liability insurance. The above applies with the understanding that this limitation does not extend beyond what is permitted under Article 7:24(2) of the Dutch Civil Code.
4. The liability limitations set out in this Article do not apply if the damage results from intent or gross negligence on the part of Morningstar Sleeps.
5. In the event of damage, the Consumer must notify Morningstar Sleeps in writing as soon as possible. Any claim for compensation based on facts that would justify the assertion that a Product does not comply with the Agreement shall lapse after 24 months from the date the claim arises.

Article 12 – Complaints procedure.

1. Complaints regarding the performance of the Agreement must be submitted to Morningstar Sleeps by email within a reasonable time, fully and clearly described.
2. Complaints submitted to Morningstar Sleeps will be answered within 14 days of receipt. If a complaint or query requires longer processing time, the Consumer will receive an acknowledgment within 14 days, along with an indication of when a more detailed response can be expected.
3. If a Consumer’s complaint cannot be resolved through mutual agreement, the Consumer may contact the Stichting WebwinkelKeur, which will provide free mediation. If the complaint remains unresolved, the Consumer may submit the dispute to the disputes committee via the ODR platform (ec.europa.eu/consumers/odr/).

Article 13 – Retention of title.

1. All Products delivered by Morningstar Sleeps shall remain its property until the Consumer has fully fulfilled all payment obligations under the Agreement.
2. The Consumer is prohibited from selling, pledging, or otherwise encumbering the Products subject to retention of title.
3. If third parties seize the Products subject to retention of title or seek to establish or assert rights over them, the Consumer must notify Morningstar Sleeps of this as soon as possible.
4. The Consumer grants unconditional permission to Morningstar Sleeps or its designated third parties to enter any location where the Products subject to retention of title are located. In the event of the Consumer’s default, Morningstar Sleeps is entitled to reclaim the said Products. All reasonable costs associated with this shall be borne by the Consumer.

Article 14 – Final provisions.

1. Morningstar Sleeps reserves the right to unilaterally amend or supplement these terms and conditions. The amended or supplemented terms and conditions shall not apply to an Agreement already concluded if and to the extent that the amendments are to the Consumer’s detriment.
2. All Agreements and any legal relationships arising therefrom between the Parties shall be governed exclusively by Dutch law.