Subject to the provisions of the rest of this article and in particular the following paragraph, the Consumer may cancel the Agreement in whole or in part without giving reasons up to 14 days after the Products have been received by or on behalf of the Consumer. For mattress toppers and pillows, the period is 30 days instead of 14 days.
The Consumer does not have a right of withdrawal in the case of: a) the delivery of Products manufactured according to the Consumer’s specifications, which are not prefabricated and are made based on an individual choice or decision of the Consumer, or which are clearly intended for a specific person, which is in any case applicable to custom-made beds; b) the delivery of Products that are not suitable for return due to health protection or hygiene reasons and whose seal/original packaging has been broken after delivery, which in any case applies to opened mattresses, pillows, mattress toppers, and bedding; c) the delivery of Products for which the right of withdrawal is otherwise excluded or does not apply under Section 6.5.2B of the Dutch Civil Code.
The Consumer may cancel the Agreement by submitting a request to Morningstar Sleeps via email ([email protected]) or by using the model withdrawal form provided by Morningstar Sleeps. As soon as possible after Morningstar Sleeps has been informed of the Consumer’s intention to cancel the Agreement and provided the conditions of this article are met, Morningstar Sleeps will confirm the cancellation of the Agreement by email.
During the period referred to in paragraph 1, the Consumer must handle the Products and their packaging with care. The Consumer may only handle and inspect the Products to the extent necessary to assess the nature and characteristics of the Products. The principle here is that the Products may only be handled and inspected as they would be in a physical store.
If the Consumer exercises the right of withdrawal, they must return the Products undamaged, with all supplied accessories, and in their original state and packaging, in accordance with the instructions provided by Morningstar Sleeps.
The Consumer is liable for any reduction in the value of the Products resulting from handling that goes beyond what is permitted under paragraph 4. Morningstar Sleeps is entitled to charge the Consumer for this reduction by deducting it from the payment already received from the Consumer. If the reduction in value is equal to or exceeds the purchase price, the Consumer is not entitled to any refund.
The relevant Products must be returned within 14 days after the Consumer has exercised the right of withdrawal in accordance with paragraph 3.
If the Consumer exercises the right of withdrawal, the costs of returning the Products shall be borne by the Consumer.
Morningstar Sleeps will refund the payment received from the Consumer, minus any reduction in value as referred to in paragraph 6, as soon as possible but no later than 14 days after the cancellation of the Agreement, provided the Products have been received back by Morningstar Sleeps or the Consumer has provided proof that the Products have been returned.
The refund to the Consumer will be made using the same payment method as used by the Consumer for the original payment.
The burden of proof that the right of withdrawal has been exercised correctly and in time lies with the Consumer.
If the right of withdrawal is exercised for Products that were part of a combination discount, this discount will no longer apply. It will be deducted from the amount to be refunded.
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