Subject to the provisions of the rest of this article and in particular the provisions of the following paragraph, the Consumer may dissolve the Agreement in whole or in part up to 14 days after the Products have been received by or on behalf of him, without stating reasons. With regard to toppers and pillows, a term of 30 days applies instead of 14 days.
The Consumer has no right of withdrawal with:
a) the supply of Products manufactured according to the Consumer’s specifications which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the Consumer, or which are clearly intended for a specific person, which in any case in the case of tailor-made beds is the case;
b) the delivery of Products that are not suitable for return for reasons of health protection or hygiene and of which the seal/immediate packaging has been broken after delivery, which in any case applies to opened mattresses, pillows, toppers and bed linen ;
c) the delivery of Products in respect of which the right of withdrawal is otherwise excluded or does not apply pursuant to Section 6.5.2B of the Dutch Civil Code.
The Consumer may revoke the Agreement by submitting a request to this effect to Morningstar Sleeps by e-mail ([email protected]) or by using the model withdrawal form provided by Morningstar Sleeps. As soon as possible after Morningstar Sleeps has been notified of the Consumer’s intention to withdraw from the Agreement and subject to the conditions of this section, Morningstar Sleeps will confirm the termination of the Agreement by email.
During the period referred to in paragraph 1, the Products to be returned and their packaging must be handled 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 basic principle here is that the Products may only be handled and inspected as would be allowed in a physical store.
Indien de Consument van het herroepingsrecht gebruik maakt, zal hij de Producten onbeschadigd, met alle geleverde toebehoren en in de originele staat en verpakking aan Morningstar Sleeps retourneren, conform de door Morningstar Sleeps verstrekte instructies.
The Consumer is liable for any loss in value of the Products resulting from a handling of the Products that goes beyond what is permitted under paragraph 4. Morningstar Sleeps is entitled to charge the Consumer for such loss in value by offsetting it against the payment already received from the Consumer. If the depreciation is so high that it equals the purchase price, the Consumer is not entitled to any refund.
Return of the Products concerned must take place within 14 days after the Consumer has invoked the right of withdrawal in accordance with the provisions of paragraph 3.
If the Consumer makes use of the right of withdrawal, the costs of returning the Products will be borne by the Consumer.
Morningstar Sleeps will refund the payment received from the Consumer, minus any depreciation as referred to in paragraph 6, to the Consumer as soon as possible, but at the latest within 14 days after cancellation of the Agreement, provided the Products have been received back by Morningstar Sleeps, or it has been demonstrated by the Consumer that the Products have actually been returned.
Reimbursement to the Consumer is made by means of the same payment method as with which the payment was made by the Consumer.
The burden of proof that the right of withdrawal has been invoked correctly and in time rests with the Consumer.
If the right of withdrawal is invoked with regard to Products that have been part of a combination discount, this discount will lapse. This will be deducted from the amount to be refunded.