Dexitex is part of mattress ordering and therefore the terms and conditions of mattress ordering apply.
Article 1. Applicability
1.1 These General Terms and Conditions apply to all offers, orders, and agreements of Matrasbestellen.nl.
1.2 Accepting an offer or placing an order constitutes acceptance of the applicability of these Terms and Conditions.
1.3 Deviations from the provisions of these Terms and Conditions are only permitted in writing, in which case the remaining provisions remain fully in force.
1.4 All rights and claims stipulated in these Terms and Conditions and in any subsequent agreements for the benefit of Matrasbestellen.nl are also stipulated for the benefit of intermediaries and other third parties engaged by Matrasbestellen.nl.
Article 2. Offers/agreements
2.1 All offers from Matrasbestellen.nl are non-binding, and Matrasbestellen.nl expressly reserves the right to change prices, particularly when required by (legal) regulations. See also Article 3.6.
2.2 An agreement is only concluded after Matrasbestellen.nl accepts your order. Matrasbestellen.nl reserves the right to refuse orders or impose certain conditions on delivery, unless expressly stated otherwise. If an order is not accepted, Matrasbestellen.nl will notify you within ten (10) business days of receipt.
Article 3. Prices and payments
3.1 The listed prices for the products and services offered are in euros, inclusive of VAT and shipping costs, any taxes, or other levies, unless otherwise stated or agreed in writing.
3.2 Payment must be made without discount or compensation within fourteen (14) days of the invoice date for deliveries within the Netherlands, and within twenty-one (21) days of the invoice date for deliveries outside the Netherlands, unless otherwise agreed in writing.
3.3 Payment can be made by iDEAL, PayPal, Mister Cash, Bancontact, and Afterpay. For payments by bank or giro transfer, the date of payment is the date on which the giro or bank account of Matrasbestellen.nl is credited.
3.4 If the payment term is exceeded, you will be in default from the day the payment should have been made, and from that day onwards, you will owe late payment interest of 1% per month or part thereof on the outstanding amount. If payment is made after a reminder from Matrasbestellen.nl, you will owe an amount of twenty-five euros (€ 25.00) in administration costs and if Matrasbestellen.nl outsources its claim for collection, you will also owe the collection costs, which are at least fifteen percent (15%) of the outstanding amount, without prejudice to the authority of Matrasbestellen.nl to claim the actual extrajudicial collection costs incurred instead.
3.5 If you default on any payment, Matrasbestellen.nl is entitled to suspend or terminate the relevant agreement and related agreements.
3.6 If the prices for the offered products and services increase in the period between the order and its execution, you are entitled to cancel the order or terminate the agreement within ten (10) days after notification of the price increase by Matrasbestellen.nl.
Article 4. Delivery
4.1 The delivery times stated by Matrasbestellen.nl are indicative only. Exceeding any delivery period does not entitle you to compensation, nor does it entitle you to cancel your order or terminate the agreement, unless the delivery period is so long that you cannot reasonably be expected to maintain the agreement. In that case, you are entitled to cancel the order or terminate the agreement to the extent necessary.
4.2 Delivery of the products will take place at the location and time when the products are ready for shipment to you.
Article 5. Retention of title
5.1 Ownership of delivered products will only be transferred once you have paid everything you owe to Matrasbestellen.nl under any agreement. The risk associated with the products transfers to you at the moment of delivery.
Article 6. Intellectual and Industrial Property Rights 6.1 You must fully and unconditionally respect all intellectual and industrial property rights that apply to the products delivered by Matrasbestellen.nl.
6.2 Matrasbestellen.nl does not guarantee that the products delivered to you do not infringe any (unwritten) intellectual and/or industrial property rights of third parties.
Article 7. Complaints and Liability 7.1 You are obligated to inspect the products upon delivery to determine whether they comply with the agreement. If they do not, you must notify Matrasbestellen.nl in writing/by email, giving reasons, as soon as possible, and in any case within seven (7) business days after delivery, or after the discovery was reasonably possible.
7.2 If it is demonstrated that the products do not correspond to the agreement, Matrasbestellen.nl has the option to replace the products in question with new products upon return or to refund the invoice value.
7.3 If you do not wish to purchase a product for any reason, you, as a private individual, have the right to return the product to Matrasbestellen.nl within seven (8) business days of delivery. Returns will only be accepted if the product packaging is undamaged, and you are responsible for the return shipping costs.
Article 8. Warranty
8.1 If Matrasbestellen.nl supplies products to the buyer, Matrasbestellen.nl is never obligated to provide the buyer with a more extensive warranty than that which Matrasbestellen.nl can claim from its supplier. The warranty period will always be clearly stated on the invoice.
Complaints regarding externally visible defects must be submitted in writing in accordance with the contract terms, but no later than 7 (seven) days after receipt of the goods by the buyer. For Consumers, a period of 30 (thirty) days applies. Complaints received by Matrasbestellen.nl after this period has expired are not required to be processed by Matrasbestellen.nl.
Article 9. Orders/communication
9.1 Matrasbestellen.nl is not liable for any misunderstandings, mutilations, delays, or improper transmission of orders and communications resulting from the use of the internet or any other means of communication in the traffic between you and Matrasbestellen.nl, or between Matrasbestellen.nl and third parties, insofar as this relates to the relationship between you and Matrasbestellen.nl, unless and insofar as there is intent or gross negligence on the part of Matrasbestellen.nl.
Article 10. Force Majeure
10.1 Without prejudice to its other rights, Matrasbestellen.nl has the right, in the event of force majeure, at its own discretion, to suspend the execution of your order or to terminate the agreement without judicial intervention, by notifying you in writing and without Matrasbestellen.nl being liable for any damages, unless this would be unacceptable in the given circumstances according to standards of reasonableness and fairness.
10.2 Force majeure means any shortcoming that cannot be attributed to Matrasbestellen.nl, because it is not its fault and is not its responsibility under the law, legal act, or generally accepted views.
Article 11. Miscellaneous
11.1 If you provide Matrasbestellen.nl with an address in writing, Matrasbestellen.nl is entitled to send all orders to that address, unless you provide Matrasbestellen.nl in writing with a different address to which your orders should be sent.
11.2 If Matrasbestellen.nl permits deviations from these Terms and Conditions, either tacitly or otherwise, for a short or long period of time, this does not affect its right to subsequently demand immediate and strict compliance with these Terms and Conditions. You may never assert any rights based on the fact that Matrasbestellen.nl applies these Terms and Conditions flexibly.
11.3 If one or more of the provisions of these Terms and Conditions or any other agreement with Matrasbestellen.nl conflict with any applicable legal provision, the provision in question will lapse and be replaced by a new, legally permissible, comparable provision to be determined by Matrasbestellen.nl. 11.4 Matrasbestellen.nl is authorized to use third parties in the execution of your order(s).
Article 12. Applicable law and competent court
12.1 All rights, obligations, offers, orders, and agreements to which these Terms and Conditions apply, as well as these Terms and Conditions, are exclusively governed by Dutch law.
12.2 All disputes between the parties will be submitted exclusively to the competent court in the Netherlands.
