Terms of service
INTRODUCTION
Welcome to Slaapcomfort-center. Slaapcomfort-center Bosmans wants to ensure that relationships with its customers run as smoothly as possible. We appreciate the trust you place in us and we take your rights very seriously. It is of utmost importance that you are aware of what you can expect from us and that we know what we can expect from you in turn.The general sales conditions below will be sent to you, each time you place an order via our webshop, by email or phone at Slaapcomfort-center, clarifying your legal situation. By placing your order, you agree to comply with the terms and conditions below. You are free to print these sales conditions as well.
DISTANCE ORDER:
- Via the webshop
When choosing your product, you must click the “Order now” button at the bottom of that page.
The other simple steps are indicated via the shopping cart of this site.
As a new customer, you will also still need to note your own address details.
After placing the order, you will receive an automatic confirmation by e-mail.
- By e-mail
You can also place orders by e-mail: elke@slaapcomfort-center.be
- By phone
We also accept orders by phone: +32 (0)15 24 90 28
As usual, we always send our confirmation (by post or mail) to you.
Of course, you are also always welcome to visit our showroom. Bosmans Slaapcomfort-center is located at Liersesteenweg 147 in Heist-op-den-Berg.
Please always mention the reference number of the offered product when contacting.
WARNING: Because Google and other search engines can keep successful messages for a long time, there is a chance that when searching via one of these search engines you will still end up on an outdated page of Slaapcomfort-center. There is a chance that the data (both content and price) no longer correspond to reality. Slaapcomfort-center cannot be held liable for this. To find the current publications, it is better to surf directly to the site of Slaapcomfort-center.
GENERAL CONDITIONS
Art. 1:
Entrepreneur: the BV BOSMANS SLAAPCOMFORT, Belgian company, with registered office at 2220 Heist-op-den-Berg, Liersesteenweg 147 (KBO number 0400.827.259): e-commerce website offering products and/or services remotely to customers;
Consumer: The customer, the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
Distance contract: a contract whereby, within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, up to and including the conclusion of the contract, only one or more techniques for distance communication are used;
Right of withdrawal : the possibility for the consumer to withdraw from the distance contract within the established reflection period.
Art. 2: Identity of the entrepreneur
BOSMANS SLAAPCOMFORT bv
Liersesteenweg 147
2220 Heist-op-den-Berg
BE 0400.827.259
Art. 3: Applicability
These general terms and conditions of sale apply to all our orders and to all distance contracts concluded with BV BOSMANS SLAAPCOMFORT.
Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer and the customer-entrepreneur.
Placing an order on the website is considered as express acceptance of our general terms and conditions of sale, which are always available via the website.
Deviations from the provisions in these general terms and conditions of sale can only be made if and insofar as this has been expressly agreed in writing.
Art. 4: Offer and order
All items offered by Slaapcomfort-center on the webshop are described as completely as possible and in good faith.
The offers and prices are valid on the day they are offered on our website and for the period mentioned in our catalogs and brochure. BV BOSMANS SLAAPCOMFORT cannot be held liable for (printing) errors that occur in the offers, both regarding the content and the prices of the products.
The indicated prices include VAT and exclude shipping costs. Shipping costs vary depending on the item and can be consulted in the table in the help menu. The costs related to the material needed for installation (such as vertical transport etc.) are not included in the price.
Art. 5:
The agreement between parties is concluded when BV BOSMANS SLAAPCOMFORT (i) confirms its acceptance of the order in writing, the order is complete and correct, and all previous orders by the customer have been paid, or (ii) executes the order subject to correction by BV BOSMANS SLAAPCOMFORT within 24 hours.
Art. 6: Payment method
Payment with your credit card.
We accept Visa/Eurocard, Master Card and American Express. You can enter your credit card information online. Your card will only be debited at the time of shipment of the goods. Paying with your credit card on the Slaapcomfort-center site is completely safe.
Payment by bank transfer.
The order will be shipped as soon as the amount due has been transferred to the account of BV BOSMANS SLAAPCOMFORT. The goods are sent either via BPOST or with courier service POSTNL or GLS
When paying by bank transfer, the account number and the amount to be paid are communicated in the email or letter confirming the order. Please mention the structured communication with your payment.
In case of non-payment of the product you ordered, you will receive a reminder email after 7 days. A maximum of three reminders will be sent. If no payment follows after the third reminder, your order will be cancelled by BV BOSMANS SLAAPCOMFORT.
Art. 7:
When after ordering and payment it appears that an item or promotional offer is no longer available, the customer will be informed by e-mail or telephone. In that case, the customer has the right to cancel their purchase free of charge and receive a refund, or to exchange for another product.
BV BOSMANS SLAAPCOMFORT cannot be held liable in this case for damage resulting from the unavailability of a product.
Art. 8: Cancellation and withdrawal
When a consumer orders online, they can withdraw their order within 14 days after the delivery of the good.
This right of withdrawal does not apply to the customer-entrepreneur and goods that are made to size
Art. 9:
Right of withdrawal for online sales
For online orders, the consumer has the right to inspect the goods after receipt.
He is, however, liable for the depreciation of the goods resulting from handling the goods beyond what was necessary to establish the characteristics and check their proper functioning. BV BOSMANS SLAAPCOMFORT reserves the right to refuse returned products or only refund part of the amount if it appears that the above conditions have not been met.
If the consumer exercises his right of withdrawal, the received goods must be returned as soon as possible and no later than 14 days after the customer has informed BV BOSMANS SLAAPCOMFORT in writing (by email or letter) of his decision to withdraw from the purchase. The shipping costs and risk of returning a product are borne by the consumer.
If the products arrive damaged at BV BOSMANS SLAAPCOMFORT, the consumer has no right to exchange, refund, or any form of compensation.
The consumer is only entitled to a refund after BV BOSMANS SLAAPCOMFORT has received the goods in good condition.
Art. 10: Delivery and installation
Delivery method and period
The estimated delivery times are stated with the product on the webshop and in the confirmation email or letter you receive on behalf of BV BISMANS SLAAPCOMFORT.
Stated delivery times are always indicative and do not bind BV BOSMANS SLAAPCOMFORT. BV BOSMANS SLAAPCOMFORT commits to deliver within a reasonable period but is in no case responsible for extensions of this period due to changes to the original agreement and/or additional work.
In case of late delivery, the consumer customer can only claim compensation at the earliest 14 days after the written notice of default to BV BOSMANS SLAAPCOMFORT. The foregoing does not apply to the business customer.
If delivery is postponed at the customer's request by more than two months, the customer owes a storage fee of € 10.00 per week for the purchased goods.
If the delivered goods were damaged during transport or do not correspond to the items ordered by the customer, he must report this as soon as possible and return the items to us within 14 calendar days after receipt.
Art. 11: Installation
Custom orders according to measurements taken by the customer are at the customer's risk. If installation cannot take place as initially planned due to the customer's actions, the labor hours will be charged at € 65.00 per hour plus additional costs on top of the sales price.
Art. 12: Warranty
If the buyer takes delivery of the goods, this constitutes acceptance thereof. This also includes acceptance of color deviations in wood or upholstery.
Hidden defects must be reported to BV BOSMANS SLAAPCOMFORT by registered mail within 48 hours after their discovery, with a detailed description of the defect. Liability for hidden defects does not apply in any case if the damage was caused by incorrect use or incorrect storage or treatment of the product.
The statutory warranty applies to every good as determined in articles 1649 bis et seq. Old Civil Code and this for a
period of 2 years after delivery. The receipt (or invoice) or delivery note if the delivery takes place at a later date, serve as proof of warranty and must be presented to claim the statutory warranty scheme. Sales to non-consumers are excluded from this statutory warranty scheme for consumers.
In case of damage, the customer has the choice to have a product repaired or replaced.
NOTE: when repair is possible and does not incur more costs than a new item, replacement will be applied.
Art. 13:
The protest on invoices from BV BOSMANS SLAAPCOMFORT must be sufficiently motivated and must be made in writing no later than 8 days after receipt of the relevant invoice.
Art. 14: Liability
If BV BOSMANS SLAAPCOMFORT is held liable for any damage, the liability is limited to a maximum of the invoice value of the customer's order, or at least to that part of the order to which the liability relates.
BV BOSMANS SLAAPCOMFORT is only liable for direct damage. The customer accepts that BV BOSMANS SLAAPCOMFORT is in no case liable for indirect damage, including but not limited to consequential damage, lost profits or damage to third parties.
Art. 15: Force majeure
In case of force majeure which halt or hinder the manufacturing and/or supply at the supplier and/or the transport, the obligations of BV BOSMANS SLAAPCOMFORT are suspended and it is automatically released and not obliged to fulfill any commitment towards the customer nor liable in any other way.
Art. 16: Invoicing and payment terms
For goods made to size, a 15% deposit is requested after the conclusion of the agreement.
Art. 17: Invoices
All invoices are payable within 15 days after the invoice date.
In case of late payment by a customer-entrepreneur, the amount due is automatically increased without notice of default by interest at 12% per year and a fixed compensation of 10% of the amount due, with a minimum of €250.00, both without prejudice to the right to claim higher damages if proof of greater actual damage is provided.
In case of late payment by a consumer, a first reminder is sent without additional cost. If payment is still not made within 14 days after this reminder, the consumer will be charged default interest at the reference interest rate plus eight percentage points as referred to in article 5, second paragraph of the law of August 2, 2022, concerning the fight against late payment in commercial transactions, as well as a penalty clause, calculated as follows:
- Amount due less than or equal to €150: -> amounts to €20
- Amount due between €150.01 and €500: -> amounts to €30 plus 10% of the amount due on the portion between €150.01 and €500
- Amount due higher than €500: -> €65 plus 5% of the amount due on the portion above €500, with a maximum of €2000
In case of delayed payment by the buyer, BV BOSMANS SLAAPCOMFORT is entitled to suspend further performance of the agreement with respect to the deliveries yet to be made, without affecting its liability.
Art. 18: Retention of title
The goods delivered by BV BOSMANS SLAAPCOMFORT remain the property of BV BOSMANS SLAAPCOMFORT until full payment of the amount due (principal, interest, and costs) by the buyer. The buyer is prohibited from selling, pledging, processing, or transferring the delivered materials to third parties as long as the full price has not been paid.
In case of non-payment of the invoice on the due date, BV BOSMANS SLAAPCOMFORT is entitled to retrieve the goods from the buyer. The costs associated with this retrieval will be charged to the buyer.
Ownership of the goods and materials is transferred to the customer after the price has been paid in full.
Art. 19: Transfer of risk
The risk of loss or damage passes to the customer from the moment of delivery of the items to the address specified by the customer.
Art. 20: Disputes
All disputes that between the parties may arise, are subject to to the Belgian law and be to the judgment of the jurisdiction of the Mechelen district.
Art. 21: Nullity
The possible nullity of one or more provisions of these terms and conditions does not affect the validity and applicability of all other provisions
Art. 22: Ombudsman service
"In the case of an out-of-court settlement of the dispute, the federal government's consumer ombudsman service is competent to receive any request for out-of-court settlement of consumer disputes. It will either handle the request itself or forward it to a qualified entity. You can reach the consumer ombudsman service via this link:" https://www.consumentenombudsdienst.be/nl
In disputes with a cross-border character, you can also use the European Union's online dispute resolution platform via the following link: https://ec.europa.eu/odr