Terms of service

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

General terms and conditions: these General Terms and Conditions of the entrepreneur;
Reflection Period: the period within which the consumer can exercise their right of withdrawal;
Consumer, you, or your: the natural person who does not act for purposes related to a profession or business and enters into a distance contract with the entrepreneur;
Day: calendar day;
Digital content: data produced and delivered in digital form;
Continuing performance contract: a contract for the regular delivery of goods, services, and/or digital content over a certain period;
Durable data carrier: any tool – including e-mail - that enables the consumer or entrepreneur to store information that is personally addressed to them in a way that makes future consultation or use possible for a period that is tailored to the purpose for which the information is intended, and that allows unaltered reproduction of the stored information;
Right of withdrawal: the possibility for the consumer to waive the distance contract within the reflection period;
Entrepreneur: the legal person who offers products, (access to) digital content, and/or services to consumers at a distance via its webshop(s) as set out in these terms and conditions;
Distance contract: a contract concluded between the entrepreneur and the consumer within the framework of a system organized by the entrepreneur for distance selling of products and/or services, whereby only one or more means of distance communication are used up to and including the moment the contract is concluded;
Model withdrawal form: the model withdrawal form made available by the entrepreneur that a consumer can use when they wish to exercise their right of withdrawal;
Technology for distance communication: means that can be used for concluding a contract, without the consumer and entrepreneur being together in the same room at the same time.

Article 2 – Identity of the entrepreneur

SJUMO BV
E hello@sjumo.com
CoC 94496463
VAT number NL866798626B01

Article 3 – Applicability

These general terms and conditions apply to every offer of the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate before the distance contract is concluded how the general terms and conditions can be inspected at the entrepreneur’s premises and that they will be sent free of charge as soon as possible at the consumer’s request. The general terms and conditions can always be found digitally at www.sjumo.com.
If the distance contract is concluded electronically, the text of these general terms and conditions can, contrary to the previous paragraph and before the distance contract is concluded, be made available to the consumer electronically in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be inspected electronically and that they will be sent free of charge electronically or in another way at the consumer’s request.
In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and the consumer can always invoke the applicable provision that is most favorable to them in the event of conflicting conditions.
If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or annulled, the contract and these conditions will otherwise remain in force, and the relevant provision will be replaced in mutual consultation without delay by a provision that approaches the purpose of the original as closely as possible.
Situations that are not covered in these general terms and conditions or ambiguities about the interpretation or content of one or more provisions of these conditions should be assessed ‘in the spirit’ of these general terms and conditions.

Article 4 – The offer

If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
The offer is non-binding. The entrepreneur is entitled to change and adjust the offer.
The offer contains a complete and accurate description of the offered products, digital content, and/or services. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, they are a true representation of the offered products, services and/or digital content. Obvious mistakes or errors in the offer, such as an incorrect price for a product, do not bind the entrepreneur. It concerns errors or mistakes that are apparent to nearly everyone as not intended by the entrepreneur.If the entrepreneur discovers an obvious error in the price of the products ordered by the consumer, the entrepreneur will inform the consumer of this incorrect price, offering them the choice to proceed with the purchase at the correct price or cancel the purchase and return the product free of charge if applicable.
Images of products are a true representation of the offered products. However, the entrepreneur cannot guarantee that the displayed colours exactly match the actual colours of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.
Delivered products may deviate by a maximum of 2% (two percent) in width, length, and height from the dimensions stated in the webshop.

Article 5 – The agreement

The contract is concluded, subject to the provisions in paragraph 4, at the moment of acceptance by the consumer of the offer and the fulfillment of the conditions attached to it.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm the receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the contract. After receipt of this confirmation, it is no longer possible for the consumer to dissolve or cancel the contract; however, the consumer can exercise the right of withdrawal (Article 6).
If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
The entrepreneur can - within legal frameworks - inquire whether the consumer can meet their payment obligations, as well as all those facts and factors relevant to responsibly concluding a distance contract. If the entrepreneur, based on this investigation, has good reasons not to enter into the contract, he is entitled to refuse an order or request or to attach special conditions to the execution.
The entrepreneur will send the following information in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier, at the latest upon delivery of the product, service, or digital content to the consumer:

The e-mail address of the entrepreneur where the consumer can address complaints;
The conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
Information about warranties and existing after-sales service;
The data included in Article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the contract.

Each contract is entered into under the suspensive condition of sufficient availability of the ordered products.

Article 6 – Right of withdrawal

When purchasing products, the consumer has the option to dissolve the contract without giving any reason within 14 days after receiving the product. The entrepreneur may ask the consumer for the reason for withdrawal but cannot oblige the consumer to state their reason(s). The reflection period starts the day after the consumer, or a pre-designated representative notified to the entrepreneur, receives the product.
During the reflection period, the consumer will handle the product and packaging with care. The consumer will only inspect the product to the extent necessary to assess whether they wish to keep the product. The basic principle is that the consumer may only handle and inspect the product as the consumer would be allowed to do in a store. This means that for bedding products, the consumer must return the product in its original packaging, unused, unfolded, and in the same condition as it was received to exercise their right of withdrawal. If the product has been unfolded from its packaging, the right of withdrawal expires. If the consumer exercises the right of withdrawal, the consumer will return the product with all delivered accessories and in the original condition and packaging to the entrepreneur within 7 days, following the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to exercise the right of withdrawal, the consumer is obliged to notify the entrepreneur of this within 14 days of receiving the product, as specified in the return policy. After the consumer has communicated that they wish to exercise their right of withdrawal, they must return the product within 7 days to the address indicated by the entrepreneur. The consumer must prove that the delivered goods have been returned on time, for example, by providing proof of shipment.
If the consumer has not indicated their intention to exercise the right of withdrawal or return the product to the entrepreneur after the period specified in paragraph 3, the purchase will be considered final.

Article 7 – Exercise of the right of withdrawal

If the consumer exercises their right of withdrawal, they will notify the entrepreneur within the reflection period using the model withdrawal form or in another unequivocal manner.
As soon as possible, but within 7 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product themselves. The consumer has observed the return period if they return the product before the reflection period has expired.
The consumer shall return the product with all delivered accessories, not unfolded, if reasonably possible in its original state and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
The risk and burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
If the consumer exercises their right of withdrawal, all additional contracts shall be terminated by operation of law.

Article 8 – Costs in the case of withdrawal

If the consumer exercises their right of withdrawal, at most the costs of return shipping will be borne by the consumer (€6,95). If the entrepreneur has not indicated that the consumer must bear these costs, or if the entrepreneur states that they will bear these costs themselves, the consumer does not need to bear the cost of return shipping.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is provided that the product has already been received back by the entrepreneur or conclusive proof of complete return can be submitted. The refund will be made via the same payment method used by the consumer unless the consumer expressly agrees to a different payment method. The refund is free of charge for the consumer.
If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to refund the additional costs for the more expensive method.
If the product is damaged due to careless handling by the consumer, the consumer is liable for any reduction in the value of the product.
The consumer cannot be held liable for a reduction in the value of the product if the entrepreneur has not provided all legally required information about the right of withdrawal, which must be done before concluding the purchase agreement.

Article 9 – Exclusion of the right of withdrawal

The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, or at least in good time before the conclusion of the contract:

Service contracts, after full performance of the service, but only if:

The performance has begun with the consumer’s explicit prior consent;
And the consumer has declared that they lose their right of withdrawal as soon as the entrepreneur has fully executed the contract.

Exclusion of the right of withdrawal is only possible for products:

Manufactured according to the consumer’s specifications, which are not prefabricated and are produced based on an individual choice or decision of the consumer, or which are clearly intended for a specific person;
That are not suitable for return due to health protection or hygiene reasons and where the seal has been broken after delivery;
That are clearly personal in nature;
That cannot be returned due to their nature;
That are irrevocably mixed with other products after delivery;
Whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence.

Article 10 – The price

During the period of validity stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This dependence on fluctuations and the fact that any prices stated are target prices will be stated in the offer.
Price increases within 3 months after the conclusion of the contract are only allowed if they result from statutory regulations or provisions.
Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated this and:
- They result from statutory regulations or provisions; or
- The consumer has the authority to terminate the contract with effect from the day on which the price increase takes effect.
All prices mentioned include VAT and other taxes, unless otherwise indicated or agreed upon.
Shipping and return costs are stated in the offer.
A composite price quotation does not obligate the entrepreneur to deliver part of the items included in the offer for a corresponding part of the quoted price.
If there is a (temporary) discount or promotion, it cannot be used at a later date. After the promotion expires, the offer is void.
It is not possible to combine multiple discount(s)/discount codes or discount codes with bundle deals.
For bundle deals, the discount applies exclusively to the bundle as a whole and not to the individual products. If the consumer chooses to return one or more items from the bundle, the applied discount will be voided, and the original price of the retained products will be charged. The refund amount will be adjusted accordingly.
The price at the time of the contract is considered the agreed price. The entrepreneur is never obliged to apply prices that were in effect at the time you placed the order in the webshop. If the price of a product in the webshop is lower after the time of the contract, the consumer is not entitled to any form of compensation.

Article 11 – Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the legal provisions and/or government regulations in force on the date of the conclusion of the contract. If agreed upon, the entrepreneur also guarantees that the product is suitable for other than normal use.
Any (additional) warranty provided by the entrepreneur, manufacturer, or importer does not limit the legal rights and claims that the consumer may assert against the entrepreneur under the contract if the entrepreneur has failed to fulfill its part of the contract.
Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within 4 weeks of delivery. The products must be returned in the original packaging (not unfolded) and in new condition.
The entrepreneur offers a 1-year warranty on the construction and materials of the products. The warranty period provided by the entrepreneur corresponds to the manufacturer’s warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for every individual application by the consumer, nor for any advice regarding the use or application of the products.
The warranty does not apply if:

Damage caused intentionally or through negligence;
Normal wear and tear, deformation, loss of hardness, or shrinkage of covering layers;
Damage caused by failure to follow or incorrectly following the instructions for use;
The consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties;
The products have been exposed to abnormal conditions, handled carelessly, or treated in violation of the instructions from the entrepreneur and/or the instructions on the packaging;
The defect is wholly or partially due to government regulations regarding the nature or quality of the materials used.

Article 12 – Delivery and performance

The entrepreneur will take the greatest possible care in receiving and executing orders for products and in assessing requests for the provision of services.
The place of delivery is the address that the consumer has provided to the entrepreneur. If an incorrect address is provided, any additional costs will be borne by the consumer.
With due observance of what is stated in Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders expeditiously, but at the latest within 30 days unless a different delivery period has been agreed upon. If the delivery is delayed, or if an order cannot or can only partially be executed, the consumer will be informed of this no later than 30 days after they have placed the order. In this case, the consumer has the right to terminate the contract without any cost but is not entitled to compensation.
All delivery periods are indicative. The consumer cannot derive any rights from the stated periods. Exceeding a period does not entitle the consumer to compensation.
After termination in accordance with paragraph 3, the entrepreneur will refund the amount paid by the consumer as soon as possible to the account used for the payment, but no later than 14 days after termination.
If the delivery of an ordered product proves to be impossible, the entrepreneur will make every effort to make a replacement article available. The consumer will be informed in a clear and understandable manner that a replacement article will be delivered at the latest upon delivery. In the case of replacement articles, the right of withdrawal cannot be excluded. The cost of any return shipment is borne by the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated representative notified to the entrepreneur unless expressly agreed otherwise.

Article 13 – Duration Transactions: duration, termination and extension

Termination

The consumer may terminate a contract that has been entered into for an indefinite period and which extends to the regular delivery of products or services at any time, subject to the agreed termination rules and a notice period not exceeding one month.
The consumer may terminate a contract that has been entered into for a definite period and which extends to the regular delivery of products or services at any time at the end of the specified period, subject to the agreed termination rules and a notice period not exceeding one month.
The consumer can terminate the agreements mentioned in the previous paragraphs:

At any time and not be limited to termination at a specific time or in a particular period;
At least terminate in the same way as they were entered into;
Always terminate with the same notice period as the entrepreneur has stipulated for themselves.

Extension

A contract that has been entered into for a definite period and which extends to the regular delivery of products or services may not be tacitly extended or renewed for a specified period.
Contrary to the previous paragraph, a contract that has been entered into for a definite period may be tacitly extended for a specified period of up to three months if the consumer can terminate this extended contract at the end of the extension with a notice period not exceeding one month.
A contract that has been entered into for a definite period and which extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate it at any time with a notice period not exceeding one month.

Duration

If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year with a notice period not exceeding one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 14 – Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 14 working days after the start of the reflection period as referred to in Article 6, paragraph 1. In the case of a contract to provide a service, this period commences after the consumer has received the confirmation of the contract.
The consumer has a duty to report any inaccuracies in provided or stated payment details to the entrepreneur without delay.
If the consumer does not pay on time, the entrepreneur will always first inform the consumer. The consumer will then have another 14 days to pay the amount owed. If this is not possible, the entrepreneur will engage a collection agency.
Payment methods: Payment in the Webshop can be made with iDeal, Maestro, Visa, Mastercard, American Express, PayPal.
Any invoices, insofar as they have not been paid when ordering, must be paid within 14 (fourteen) days of the invoice date.
Payment order: Payments made by the consumer will first be applied to any interest and costs owed to the entrepreneur. If these are not applicable, the payment will then be applied to the oldest outstanding invoices, regardless of whether the consumer indicates that the payment relates to another invoice.

Preorders

If the consumer chooses to place a preorder for products that are not yet in stock, the full amount of the order must be paid in advance.
The consumer understands and accepts that the delivery time of preordered products may vary and depends on various factors such as production and shipping times of the suppliers.
The entrepreneur will keep the consumer informed of the estimated delivery date of the preordered product as soon as this information is available.
In the event that the consumer places a preorder and subsequently wishes to cancel the order before the product is shipped, the entrepreneur will refund the full amount to the consumer.
Once the preordered product is ready for shipment, the entrepreneur will inform the consumer and proceed to ship it to the address provided by the consumer.
After receipt of this confirmation specified above, it is no longer possible for the consumer to dissolve or cancel the contract; however, the consumer can exercise the right of withdrawal (Article 6).

Article 15 – Complaints procedure

The entrepreneur has a sufficiently disclosed complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the performance of the contract must be submitted to the entrepreneur within 2 months, fully and clearly described, after the consumer has discovered the defects.
The products offered by the entrepreneur are subject to wear and tear. The lifespan of a product depends on the material of the product, the intensity of use, and the level of maintenance. The entrepreneur’s products are made from the highest quality materials as stated in the offer. The entrepreneur stands for quality under normal use. For optimal lifespan and quality, it is important to follow the washing instructions. If the consumer nevertheless believes something is wrong with the product, they should inform the entrepreneur.
Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will reply within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
The consumer must give the entrepreneur at least 4 weeks to resolve the complaint in mutual consultation.
If the complaint cannot be resolved in mutual consultation, a dispute arises that is subject to the dispute settlement procedure.
If you have discussed your complaint with us, but you wish to submit your complaint to another body, you can contact the Disputes Committee via the European platform for online dispute resolution (ODR platform): http://ec.europa.eu/consumers/odr/.
If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their discretion, either replace or repair the delivered products free of charge.

Article 16 – Disputes

Only Dutch law applies to these general terms and conditions and to the contract between the consumer and the entrepreneur. This also applies if the consumer is living abroad.
In the event of a conflict or dispute, the District Court of Amsterdam decides on the matter, without prejudice to your rights as a consumer that you have under the law of the country where you reside.

Article 17 – Additional or deviating provisions

Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.

Article 18 – Amendment of the general terms and conditions

The consumer can view the most recent version of the general terms and conditions on the entrepreneur’s website at any time.

The entrepreneur reserves the right to update, change, or replace any part of the general terms and conditions at their own discretion by posting updates and changes on their website.

It is the consumer’s responsibility to regularly check the website for changes. Continued use of and/or access to the entrepreneur’s website or use of the products or services after the implementation of any changes to the general terms and conditions signifies acceptance of those changes by the consumer.

Article 19 – Trademark

"SJUMO®” is a registered trademark of SJUMO B.V. It is not permitted to use, copy, or distribute it without prior written permission from SJUMO B.V.

Article 20 – Contact information

Questions about these general terms and conditions can be sent to hello@sjumo.com.

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