I. GENERAL INFORMATION1.1. The Online Shop "Velda Feasy" (www.veldafeasy.com) (hereafter "Velda Feasy Online Shop") is operated by Veldeman Bedding NV, a company under Belgian law with registered office at 3660 Oudsbergen (Belgium), Industrieweg-Noord 1155 (Belgium), and registered with the Crossroads Bank for Enterprises under number 0436.960.848 (VAT BE 436.960.848) (hereafter "Velda" or "we"). These general terms and conditions (hereinafter the "General Terms and Conditions") establish the rights and obligations of Velda and the users of the Velda Feasy Online Shop (hereinafter the "Consumer" or "you") with regards to the products and services we offer via this Online Shop or any other website.
1.3. Velda can change the General Terms and Conditions at any time. Acceptance of the General Terms and Conditions is required to place an order. Whoever orders, declares to know and accept the General Terms and Conditions of Velda. The General Terms and Conditions are always available and can be consulted via the website. The General Terms and Conditions can be supplemented by other terms and conditions if explicit reference is made to them. In case of contradiction, the current General Terms and Conditions prevail.
1.4. We only sell our products to consumers over the age of 18 and only in quantities that are customary for consumers.
II. OFFER AND ORDER2.1. The display of the products in the Velda Feasy Online Shop is only a non-binding invitation to order Velda products. By sending your order, you make a binding offer to conclude a purchase agreement. This offer is accepted by Velda because we deliver the products. Velda is free to decide whether or not to accept an order. If Velda does not execute an order, this will be communicated immediately.
2.2. The ordering procedure in the Velda Feasy Online Shop consists of the following steps:
You can select individual products and collect them by clicking on the "Shopping basket" button in an electronic shopping basket. From the shopping basket you go to the checkout by clicking on the "Checkout now" button.
You will then need to log in. If you do this for the first time (new user of the Velda Feasy Online Shop), you will be asked to create a new account by registering your contact details. If you are already a user of the Velda Feasy Online Shop, you will be asked to log in to your account. Velda will ask for a minimum of personal data that is necessary to process your order.
Finally, you choose the desired payment method, enter the payment information and you will be asked to accept the General Terms and Conditions. By clicking on the button "Order and pay" you will be redirected to the module of our payment provider. Until you have clicked this button, you can change the order and the details of your order at any time.
An order will only be binding on you once you have entered all the data required for the conclusion of the contract, once you have confirmed that you are familiar with and accept the General Terms and Conditions, once you have clicked on the "Order and pay" button and once the payment via the module of our payment provider has been successfully completed. The latter will be the case when the payment provider sends you back to the Velda Feasy Online Shop website.
At the end of this procedure you can print and/or save your order. An overview of your order can always be found under your personal account in "My Velda".
After you have placed your order, you will receive an automatically created confirmation of receipt of your order by e-mail. The order will be accepted by Velda because the products will be delivered to the Consumer. The order will be delivered after receipt of your payment.
2.3. Velda reserves the right to refuse orders, amongst others in case of (i) exhaustion of stock or the unavailability of a product, (ii) serious suspicion of abuse of rights or bad faith of the Consumer, (iii) force majeure, or (iv) serious suspicion of commercial purposes unacceptable to Velda.
2.4. Orders placed via the website are deemed to be placed for non-professional purposes. These general terms and conditions of sale only apply to consumers within the meaning of Book VI of the Economic Law Code, as inserted by the Law of 21 December 2013 inserting Book VI "Market Practices and Consumer Protection" into the Economic Law Code and inserting the definitions specific to Book VI, and the law enforcement provisions specific to Book VI, into Books I and XV of the Economic Law Code, (Official Gazette 30 December 2013; Official Gazette 20 January 2014, Official Gazette 18 March 2014, Official Gazette 24 March 2014). Traders who wish to place an order for professional purposes must consult customer service if necessary.
The online order can only be processed if the customer has clearly identified himself/herself in accordance with Article VII 'Signature and proof'.
III. PRICE AND PAYMENT3.1. The prices indicated at the time of the order are applicable. Velda reserves the right to rectify any errors (e.g. due to technical defects). The prices of the Velda Feasy Online Shop are valid as long as they are online and as long as stocks last. VAT is included in all prices.
3.2. We do not charge any additional shipping costs for the delivery of an order of your products (in Belgium, the Netherlands, Grand Duchy of Luxembourg and Germany). Shipping is therefore included in the price of the product, unless explicitly stated otherwise on the website.
3.3. The payment of your order will be made according to the payment methods offered in the Velda Feasy Online Shop and the conditions mentioned there. Depending on the result of the verification of your data, Velda reserves the right to exclude certain payment methods. Velda draws your attention to the fact that due to your agreements with banks and other credit institutions, additional costs may occur for you.
If payment is made by bank transfer, the order will only be executed after receipt of the deposited amount.
IV. DELIVERY4.1. Products are only delivered in the countries for which Velda Feasy Online Shop allows delivery, namely, Belgium, Grand Duchy of Luxembourg, the Netherlands and Germany. If you would like a delivery in another country, you can always contact the Velda Feasy Online Shop online customer service regarding the possibility of delivery in a certain country and the related shipping costs.
4.2. You can only have the products delivered to an address specified by you. The delivery will be made by POST.NL (or its subcontractor). The shipping costs are included in the price of the product.
4.3. Incorrectly provided addresses are the responsibility of the Consumer and may give rise to additional costs. P.O. box addresses and military APO addresses are not accepted.
4.4. The delivery period does not commence until payment has been received. Efforts are made to ensure the shortest possible delivery period. The delivery period is a minimum of 2 working days and a maximum of 30 days after receipt of payment for delivery in Belgium, Grand Duchy of Luxembourg and the Netherlands, and a minimum of 3 working days and a maximum of 30 days in Germany and other countries. You can follow the status of your order through your account in "My Velda". The status of the shipment of your order can be followed via the carrier. Velda is not responsible for delays or failure of delivery due to the carrier.
4.5. Until Velda has started the processing of your order, you can cancel your order free of charge by contacting our customer service. Velda will refund you the price of the ordered products (including the costs for the initial delivery) within 30 days. If your order has already been delivered (or is already on its way), you can return it via the procedure described in article V.
4.6. If, due to exceptional circumstances, Velda does not succeed to deliver your order within 30 days after the automatically generated confirmation e-mail, you can cancel your order free of charge by contacting our customer service. We will refund you the full price of the ordered products (including the costs for the initial delivery) within 30 days.
V. RETURN5.1. In accordance with Articles VI 47-52 of the Economic Law Code, the Consumer has a period of 14 days to withdraw from the contract without giving any reason (legal right of withdrawal). Without prejudice to your legal right of withdrawal, Velda offers you the possibility to return the products without giving reasons within 30 days after receipt (conventional right of withdrawal). This return option allows you, even after the legal revocation period of 14 days has expired, to cancel the agreement by returning the products to Velda according to the prescribed procedure. This period of the legal right of withdrawal as well as the period of the conventional right of withdrawal starts as soon as you receive the products.
5.2. Provided that the original labels are still attached to the products, you may return all products that are complete and in unused and undamaged condition without giving any reason within 30 days of receiving them. It is only permitted to test the products as is customary when testing a mattress or other product in a shop. Products that do not comply with the foregoing remain the property of the Consumer. Velda will return these products to you and charge you for the costs incurred.
5.3. In order to exercise the right of withdrawal, you must inform Velda (by ordinary mail: Veldeman Bedding NV, Industrieweg-Noord 1155, 3660 Oudsbergen, Belgium or by e-mail: firstname.lastname@example.org) of your decision to withdraw from the contract by means of an unequivocal statement. You can use the attached sample revocation form (HYPERLINK) for this purpose, but you are not obliged to do so. You may also fill in and submit the sample revocation form or other clearly worded statement electronically via our website www.veldafeasy.com. If you make use of this option, we will send you a confirmation of receipt of your revocation on a durable medium (e.g. by e-mail) without delay.
5.4. For Consumers in Belgium, the Grand Duchy of Luxembourg, the Netherlands and Germany, the return takes place as described in this article V and only via the courier service designated by Velda. Such returns are completely free of charge for the Consumer.
5.5. If you have invoked the right of withdrawal in the way mentioned in article 5.3, Velda's customer service will contact you in order to organise the collection of the products to which the right of withdrawal applies via a carrier.
In any case, the return is free of charge.
5.6. Velda will refund you the price of the returned products within 30 days after receipt of the return if they meet the conditions mentioned in article 5.2, except in case it concerns an exchange. The refund will be made in the same way as the Consumer made the payment.
5.7. In case you have purchased a joint offer of products for a reduced price and you wish to return part of this order, Velda will pay you the difference between the amount paid by you for the entire joint offer and the sum of the unabated price of the products that are part of the joint offer that you do not return.
VI. WARRANTY6.1. The warranty only relates to defects resulting from construction and/or manufacturing faults. If, under normal use of the product, a complaint would arise within 5 years of receipt as a result of a material or manufacturing fault, we guarantee the replacement or repair of the product.
6.2. In case of replacement or repair, a regressive depreciation due to the use of the product is taken into account. The Consumer pays a contribution as follows: replacement or repair free of charge during the first 2 years of the warranty period, contribution of 40% during the third year of the warranty period, contribution of 60% during the fourth year of the warranty period, contribution of 80% during the fifth year of the warranty period. However, if the repair or replacement is impossible or disproportionate to the value of the product, Velda can also propose an alternative form of compensation (such as replacement by a similar product or financial compensation), taking into account the regressive depreciation in value.
6.3. Any defect in the product must be reported to the customer service department (email@example.com) within two (2) months of its discovery. Afterwards, any right to repair or replacement expires.
6.4. In case of identified problems, a solution will be sought together. If the delivery has to be returned to Velda, this will be done in the way mentioned under article V 'return'. The costs of shipment from Belgium, Grand Duchy of Luxembourg, the Netherlands and Germany are at the expense of Velda.
6.5. In any case, you will not be able to claim any warranty:
- for normal wear and tear of the product (the stiffness of a mattress reduces naturally, in particular a loss of height of up to 15% or a loss of core hardness of up to 20%);
- for injudicious or abnormal use of the product or use of the product contrary to the purpose for which it was designed;
- failure to comply with the instructions for use and/or maintenance;
- in the event of mould (the development of mould on mattresses or cushions is due to the conditions of use, in particular use in an insufficiently ventilated room or in a room that is too humid);
- in case of urine or blood stains or other visible contaminations;
- in case of damage to the product due to intent or negligence;
- if the product has been modified by you or in case of intervention by a third party not appointed by Velda;
- in case of commercial use;
- in case of force majeure.
The Consumer accepts electronic evidence.
VII. SIGNATURE AND PROOF
The Consumer is solely and exclusively responsible for the accuracy of all data he or she transmits.
For a first online order or reservation, the Consumer must follow the registration procedure. After this, the Consumer only needs to register again to place a new order or reservation.
The final confirmation of the order by the Consumer is considered as acceptance of the order at the set price. The Consumer's confirmation constitutes the signature and express acceptance of all transactions made via the website.
VIII. LIABILITY8.1. Concerning the use of the website
The website of the Velda Feasy Online Shop is intended to provide the Consumer with general information about the products and activities of the Velda Feasy Online Shop. Velda only has a best-efforts obligation with regards to the access, the ordering process, the delivery or other services.
Velda has the right at any time to suspend or stop the site completely or partially due to maintenance, updating or any other reason, even without prior warning.
Velda cannot be held responsible for any hindrance or damage caused by the use of the internet, by any failure of the system, by the intrusion of outsiders or of a virus, nor for any information placed or processed on it by third parties or by any fact that can be considered as force majeure.
8.2 General liability Velda
Velda is not liable for any damage caused by its fault or negligence except in case of intent or gross negligence, also of its employees. Any damage of any kind that cannot be foreseen at the time of the conclusion of the agreement is excluded from compensation. Velda's liability is always limited to the direct, personally suffered damage and will never exceed the purchase price of the product in question.
Neither is Velda liable for the loss or damage of any kind that the Consumer or a third party would suffer when using the products.
IX. COPYRIGHTS AND INTELLECTUAL PROPERTY9.1. The Velda Feasy Online Shop has been developed for the personal and non-commercial purposes of the Consumer. The integral content of the Velda Feasy Online Shop, including but not limited to the layout and design of the website, texts, graphics, photographs, images, moving images, sounds, illustrations and software, etc., is the property of Velda or affiliated companies, licensees and/or content providers. All related rights, and in particular all intellectual property rights, are managed by Velda.
The Consumer may only download the content and make a copy for purely personal, non-commercial use provided that the content of the material to which the intellectual property rights apply remains in its original state. The copying or storage of any content other than for personal, non-commercial use is not permitted.
9.2. All trademarks, trade names, logos and products used in the Velda Feasy Online Shop are protected and may not be used without the prior written permission of Velda, its partners or the rightful owners of these rights. All signs, illustrations, images or emblems that appear on the products, accessories or packaging are and remain the exclusive property of Velda. The reproduction thereof, in whole or in part, for any reason or by any means whatsoever, is strictly forbidden. The use of any combination with any other sign, symbol, emblem or other distinctive sign is also prohibited.
XI. JURISDICTION AND APPLICABLE LAWOnly Belgian law applies to these General Terms and Conditions and the agreements concluded with the Consumer, to the exclusion of the Vienna Sales Convention (C.I.S.G.). All disputes relating to the conclusion, validity, interpretation or execution of the agreement or the present General Terms and Conditions fall under the exclusive jurisdiction of the courts of the district of Tongeren. If one of the present Terms and Conditions should be declared null and void or inapplicable, the remaining Terms and Conditions shall nevertheless remain in full force and effect.
SAMPLE FORM FOR WITHDRAWALTo:
Veldeman Bedding NV, Industrieweg-Noord 1155, 3660 Oudsbergen, Belgium, e-mail: firstname.lastname@example.org.
I hereby inform you that I revoke our agreement concerning the sale of the following goods:
- Date of ordering the product or date of receipt of the product
- List the products you wish to return
- Your name and address
- The invoice number and/or order number
- A photograph of the product in the condition it is in on the date of revocation
- Your signature
- Date of exercise of the right of withdrawal
- (Optional) the reason for exercising the right of withdrawal