Article 1 – Definitions.
In these general terms and conditions, the following terms, always indicated with a capital letter, are used in the following meaning.
1. Morningstar Sleeps: Morningstar Sleeps B.V., the user of these general terms and conditions, located at Schuufdam 16, 4357EW in Domburg, registered in the Trade Register under Chamber of Commerce number 82742332.
2. Consumer: any natural person, not acting in the exercise of a profession or business, with whom Morningstar Sleeps has concluded or intends to enter into an Agreement.
3. Parties: Morningstar Sleeps and the Consumer jointly.
4. Agreement: any agreement concluded between the Parties through the ordering process on the Website, within the framework of which Morningstar Sleeps has committed itself to the Consumer for the delivery of Products at a price agreed upon further.
5. Website: https://morningstarsleeps.com.
6. Products: the items to be delivered by Morningstar Sleeps to the Consumer within the framework of the Agreement, including, but not limited to, beds, mattresses, toppers, bedding and pillows.
7. Written: communication in writing, communication by e-mail or any other means of communication associated with the
Article 2 – Morningstar Sleeps data.
TRADE NAME: Morningstar Sleeps B.V.
VAT NR: NL862587529B01
COC NR: 82742332
ADDRESS: Schuufdam 16a
ZIP CODE: 4357EW Domburg
TEL. NR: 0854 014 404
EMAIL: [email protected]
Artikel 3 – General provisions.
1. These general terms and conditions apply to every offer from Morningstar Sleeps, as published on the Website, and to every Agreement that has been concluded.
2. Destruction or nullity of one or more of the provisions of these general terms and conditions does not affect the validity of the other provisions. In such a case, the Parties are obliged to enter into mutual consultation in order to make a replacement arrangement with regard to the affected clause. In doing so, the purpose and intent of the original provision will be taken into account as much as possible.
Artikel 4 – Offer and conclusion of the agreement.
- Each offer from Morningstar Sleeps is without obligation and can be revoked by the Consumer without delay until it has been accepted, in particular, but not exclusively, in the event of application of paragraph 7.
- No beds are provided on the Wadden Islands.
- The Consumer cannot derive any rights from an offer from Morningstar Sleeps that contains an obvious error or mistake.
- The mattresses to be delivered may differ by a maximum of two centimeters in width and one centimeter in length from the dimensions stated on the Website. These deviations are common in the mattress industry, meet the European Standard EN1334, which standard is also used by the consumer association.
- Cushions to be supplied may differ by a maximum of four centimeters in length, width and thickness from the dimensions stated on the Website. The beds to be delivered may differ by a maximum of two percent in length, width and height from the dimensions stated on the Website. Composition deviations with regard to beds can amount to a maximum of one centimeter. These deviations are also common in the industry.
- Without prejudice to the provisions of the following paragraph, each Agreement is concluded at the moment that the offer from Morningstar Sleeps has been accepted by the Consumer in the manner indicated on the Website. Morningstar Sleeps will then confirm the order by email as soon as possible.
- Morningstar Sleeps is authorized to inform itself within legal frameworks about the Consumer’s ability to meet his payment obligations under the Agreement, as well as all facts and factors that are important for the responsible conclusion of the Agreement. If, as a result of this investigation, Morningstar Sleeps has good reasons not to enter into the Agreement, it is entitled to refuse an order or to attach special conditions to the execution. In such a case, Morningstar Sleeps will inform the Consumer thereof, stating reasons.
Article 5 – 100 nights trial sleep.
- Morningstar Sleeps is convinced that the mattresses it supplies meet the expectations of the Consumer and therefore offers the opportunity to try a mattress for free for 100 days. This arrangement applies to mattresses sold separately as well as mattresses supplied in combination with a bed, on the understanding that this arrangement only applies to one order per address and per Consumer, with a maximum of two single mattresses or one double mattress. If the width of the mattress is more than 100 centimeters, it is a double mattress.
- The Consumer has the right to return a mattress that, according to the provisions of the previous paragraph, falls under the scheme within 100 days after it has been received by or on behalf of the Consumer, without stating reasons. However, the Consumer can only submit a return request from the 30th day after the mattress has been received by or on behalf of the Consumer. It takes at least 30 days to form a good judgment about the mattress.
- If the Consumer wishes to return the mattress, a return request must be submitted via www.morningstarsleeps.nl/return-request/. Within two weeks after the return request has been received from the Consumer, an appointment will be made with the Consumer by telephone or email to collect the mattress.
- Morningstar Sleeps reserves the right to charge the Consumer €50 for the settlement of a claim under the 100-night trial sleep scheme as referred to in this article.
- The Consumer must give Morningstar Sleeps the opportunity to collect the mattress on the day and time agreed with the Consumer. If Morningstar Sleeps cannot collect the mattress on the agreed day and time due to the fault of the Consumer, Morningstar Sleeps is entitled to charge the Consumer €50 in addition to the costs referred to in paragraph 4. The Consumer must provide Morningstar Sleeps with some margin as to when the mattress is collected from the Consumer.
- The appointment to collect the mattress must take place no later than two weeks after the end of the 100-day period. If this is not possible due to the fault of the Consumer, the 100-night trial sleeping arrangement will lapse and the right to return the mattress will lapse.
- The purchase price of the returned mattress, less any amounts referred to in paragraphs 4 and/or 5, will be refunded to the Consumer’s bank account within 30 days after the mattress has been received by Morningstar Sleeps, provided that the mattress is in good condition by Morningstar Sleeps has been returned. Any depreciation of the mattress that arises other than as a result of normal use of the mattress, will be borne by the Consumer and will be settled with the purchase price to be refunded. If the depreciation is so high that it equals the purchase price, the Consumer is not entitled to any refund. The Consumer must notify Morningstar Sleeps of damage to the mattress other than as a result of normal use when submitting his return request.
- The 100-night trial sleep scheme as referred to in this article does not apply if Morningstar Sleeps has good reason to believe that the Consumer is abusing the scheme or otherwise has no serious intention to purchase.
- If the 100-night trial sleep scheme is invoked with regard to a mattress that was part of a combination discount, this discount will lapse. This will be deducted from the amount to be refunded.
- The statutory right of withdrawal as referred to in Article 6 applies to mattresses that, according to the provisions of paragraph 1, do not fall under the 100-night trial sleeping scheme.
Article 6 – Statutory right of withdrawal.
- 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.
- If the Consumer makes use of the right of withdrawal, he will return the Products undamaged, with all accessories supplied and in the original condition and packaging to Morningstar Sleeps, in accordance with the instructions provided by Morningstar Sleeps.
- 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.
Article 7 – Delivery of the products & delivery times.
- Delivery of the Products takes place by delivery to the delivery address specified by the Consumer. In the case of a bed, it will also be installed by a Morningstar Sleeps installer
- Morningstar Sleeps reserves the right to deliver orders in instalments. In that case, the possible reflection period of the Consumer in connection with the right of withdrawal only starts at the moment that the last partial delivery from the order has been received by or on behalf of the Consumer.
- The risk of loss and damage to the Products transfers to the Consumer at the moment that the Products have been received by or on behalf of the Consumer
- Morningstar Sleeps makes every effort to meet the delivery term agreed between the Parties. However, all delivery times stated by Morningstar Sleeps are to be regarded as indicative, non-final dates only. Morningstar Sleeps will make every effort to notify the Consumer by e-mail in the event of an (expected) delayed delivery. The default of Morningstar Sleeps will not take effect until the Consumer has given Morningstar Sleeps written notice of default, in which notice a reasonable period is stated within which Morningstar Sleeps can still fulfill its delivery obligation and the fulfillment thereof continues after the expiry of the latter period. has failed to materialize
- In the event of termination of the Agreement by the Consumer as a result of Morningstar Sleeps’ default, Morningstar Sleeps will arrange for reimbursement to the Consumer as soon as possible, but no later than 14 days after the termination
- In the event that delivery of an ordered Product proves impossible, Morningstar Sleeps may, without prejudice to paragraphs 4 and 5, elect to deliver a replacement Product. In such a case, it will be stated in a clear and comprehensible manner at the latest upon delivery that a replacement Product is being delivered. In the case of replacement Products, the right of withdrawal as referred to in Article 6 cannot be excluded. In that case, the costs of any return shipment will also be borne by Morningstar Sleeps.
- If Morningstar Sleeps incurs additional costs as a result of a circumstance attributable to the Consumer, for example in connection with multiple delivery attempts, these costs will be borne additionally by the Consumer.
Artikel 8 – Conformity and warranty.
- Morningstar Sleeps guarantees that the Products comply with the Agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions and/or other government regulations applicable on the date of the conclusion of the Agreement. (conformity/legal guarantee).
- Morningstar Sleeps offers a 10-year guarantee on the durability of the materials used in mattresses supplied. This means that Morningstar Sleeps guarantees that the foam layers in mattresses will not deform for 10 years. The Consumer therefore has the right to make a claim under this guarantee if cracks and/or dents appear in the foam, despite proper handling of the mattress. Production errors that limit the functionality of the mattress are also covered by the warranty, for example a zipper that does not open.
- The guarantee on toppers supplied is two years and applies to pitting of more than 2.5 centimetres. Furthermore, manufacturing defects such as tears or holes in the topper are covered by this warranty, provided the Consumer reports them to Morningstar Sleeps within 30 days of discovery.
- The warranty on the delivered beds is three months with regard to discoloration and two years with regard to construction defects. A warranty period of two years also applies to manufacturing defects with regard to the coating. The warranty against construction and manufacturing defects related to the coating is void if the bed is not installed by a Morningstar Sleeps installer.
- The warranty on the cushions supplied is two years and applies with regard to pitting of more than 2.5 centimetres. With regard to discolouration, as well as cracks and tears in the foam, despite normal use, a warranty period of two weeks applies.
- The warranty on the supplied covers is two years and applies with regard to manufacturing defects in the zipper or in the fabric of the cover and for defects in closures or seams. A warranty period of two weeks applies to discoloration of a cover.
- In the event of a valid appeal to a (legal) warranty with regard to a cover under the previous paragraph, the Consumer is entitled to a new cover and not to a completely new Product.
- The warranty periods as referred to in the previous paragraphs commence on the day on which the relevant Product is received by or on behalf of the Consumer.
- The (legal) warranty will lapse when:
a) the delivered Products have been repaired and/or processed by the Consumer himself or on his behalf by a third party;
b) a defect in the Product is the result of an external cause after delivery or another circumstance not attributable to Morningstar Sleeps, for example because the Product has not been used normally, has been exposed to abnormal conditions or there are stains, tears or holes created by the Consumer;
c) the defectiveness is wholly or partly the result of regulations that the government has made or will make with regard to the nature or quality of the materials used.
- he (legal) guarantee cannot be invoked on the basis of personal preference regarding appearance or comfort.
- A warranty provided by Morningstar Sleeps, manufacturer or importer is without prejudice to the legal rights and claims that the Consumer may assert against Morningstar Sleeps under the Agreement. This means that the non-applicability or expiry of the guarantee as referred to in paragraph 2 and further does not preclude a possible appeal to the statutory guarantee as referred to in paragraph 1.
- An appeal to the legal guarantee as referred to in paragraph 1 must be made within two months after discovery of the defect by the Consumer. An appeal to the warranty as referred to in paragraph 2 and further must be made in Writing within the specified warranty period. In case of invoking the (legal) guarantee, the Consumer must e-mail a photo and description of the defect to [email protected].
- In the event of a valid (legal) warranty claim, Morningstar Sleeps will, at its option, replace or repair the relevant Product free of charge.
Article 9 – Force Majeure.
- Morningstar Sleeps is not obliged to fulfill 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 by law, a legal act or generally accepted standards (force majeure). Force majeure includes, in addition to what is understood in the law and jurisprudence, transport difficulties, epidemics, pandemics, fire, measures by any government, violent or armed actions, failures in communication connections or in equipment or software of Morningstar Sleeps or third parties.
- If the force majeure situation makes the fulfillment of the Agreement permanently impossible or if it continues or will continue for longer than 30 days, the Parties are entitled to dissolve the Agreement with immediate effect.
- If Morningstar Sleeps has already partially fulfilled its delivery obligations at the commencement of the force majeure situation, or can only partially fulfill its delivery obligations, it is entitled to separately invoice the part already delivered or the part that can still be delivered, respectively, as if there were of an independent Agreement.
- Without prejudice to the application of the previous paragraph, damage as a result of force majeure is never eligible for compensation.
Article 10 – Prices & Payments.
- The Consumer can no longer rely on discount promotions offered by Morningstar Sleeps after the relevant promotion has expired.
- It is only possible to combine one universal discount promotion with one specific discount promotion. A maximum of two discount promotions can be redeemed per order. Further stacking of discount promotions is not allowed.
- The price agreed at the time of the conclusion of the Agreement applies. If the price is subsequently reduced, the Consumer is not entitled to compensation.
- All amounts on the Website are in euros and include VAT.
- The Consumer is obliged to report any inaccuracies in the payment details to Morningstar Sleeps as soon as possible.
- Payment must be made to one of the payment methods designated by Morningstar Sleeps and within the term specified by Morningstar Sleeps or at the time specified by Morningstar Sleeps.
- In the event of prepayment, Morningstar Sleeps is not obliged to perform the Agreement until after the Consumer has paid the amount owed by him to Morningstar Sleeps under the Agreement.
- If timely payment is not made, the Consumer will be in default by operation of law. From the day the Consumer is in default, the Consumer owes the then applicable statutory interest on the outstanding amount.
- All reasonable costs, such as judicial, extrajudicial and execution costs, incurred to obtain amounts owed by the Consumer, will be borne by the Consumer, one other person in accordance with the Collection Costs Act.
Article 11 – Liability.
- The Consumer bears the damage caused by inaccuracies or incompleteness in the information provided by him. Furthermore, the Consumer bears the damage caused by a shortcoming in the fulfillment of the Consumer’s obligations arising from the law or the Agreement, as well as another circumstance that cannot be attributed to Morningstar Sleeps.
- Morningstar Sleeps is not liable for damage of any kind caused by the actions of installers on site, unless there is intent or recklessness.
- Morningstar Sleeps’ liability is limited to the fulfillment of its (legal) warranty obligations as referred to in Article 8. If repair or replacement is not possible under the (legal) warranty, Morningstar Sleeps’ liability is limited to a maximum of the invoice value of the Agreement, at least to that part of the Agreement to which the liability of Morningstar Sleeps relates and on the understanding that the total compensation for damage will not exceed the amount actually to be paid out by the liability insurance of Morningstar Sleeps. The foregoing applies on the understanding that this limitation does not extend beyond what is permitted under article 7:24 paragraph 2 of the Dutch Civil Code.
- The limitations of liability referred to in this article do not apply if the damage is the result of intent or willful recklessness on the part of Morningstar Sleeps.
- In the event of damage, this must be reported to Morningstar Sleeps in Writing as soon as possible. Any claim for compensation that is based on facts that would justify the statement that a Product does not comply with the Agreement lapses by the mere lapse of 24 months after the claim arose.
Article 12 – Complaint policy.
- Complaints regarding the performance of the Agreement must be submitted to Morningstar Sleeps by e-mail, fully and clearly described, within due time.
- Complaints submitted to Morningstar Sleeps will be answered within a period of fourteen days of receipt. If a complaint or question requires a longer processing time, an answer will be given within the period of fourteen days with a confirmation of receipt and an indication of when the Consumer can expect a more detailed answer.
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- If a complaint from a Consumer cannot be resolved in mutual consultation, the Consumer can turn to Stichting WebwinkelKeur, which will mediate free of charge. If the complaint is still not resolved, the Consumer can submit the dispute to the Disputes Committee via the ODR platform (ec.europa.eu/consumers/odr/).
Article 13 – Retention of title.
- All Products delivered by Morningstar Sleeps remain the property of the Consumer until the Consumer has properly fulfilled all payment obligations under the Agreement.
- The Consumer is prohibited from selling, pledging or otherwise encumbering the Products subject to retention of title.
- If third parties seize the Products subject to retention of title, or wish to establish or enforce rights thereon, the Consumer is obliged to inform Morningstar Sleeps of this as soon as possible.
- The Consumer gives unconditional permission to Morningstar Sleeps or the third parties designated by Morningstar Sleeps to enter all those places where the Products subject to retention of title are located. Morningstar Sleeps is entitled to take back the Products referred to here in the event of default by the Consumer. All reasonable costs associated with this will be borne by the Consumer.
Artikel 14 – Final provisions.
- Morningstar Sleeps reserves the right to unilaterally amend or supplement these terms and conditions. The amended or supplemented general terms and conditions do not apply to an Agreement already concluded if and insofar as the amendments adversely affect the Consumer.
- Dutch law is exclusively applicable to each Agreement and all legal relationships arising from it between the Parties.