Terms & Condition

Terms & Conditions – Sleep Coach

Article 1 – Definitions

In these terms and conditions:

1. Cooling-off period: the period within which the consumer can exercise the right of withdrawal.

2. Consumer: the natural person not acting for commercial, business or professional purposes, who enters into a distance contract with the trader.

3. Day: a calendar day.

4. Long-term transaction: a distance contract relating to a series of products and/or services, where the delivery and/or purchase obligation is spread over time.

5. Durable data carrier: any means that allows the consumer or trader to store information directed personally to them in a way that enables future consultation and unchanged reproduction.

6. Right of withdrawal: the consumer’s option to withdraw from the distance contract within the cooling-off period.

7. Withdrawal form: the standard withdrawal form provided by the trader that a consumer may use when exercising the right of withdrawal.

8. Trader: the natural or legal person offering products and/or services at a distance to consumers.

9. Distance contract: a contract concluded within the framework of an organized system for distance selling of products and/or services, using one or more means of distance communication up to and including contract conclusion.

10. Means of distance communication: any tool that can be used to conclude a contract without the consumer and trader being in the same place simultaneously.

11. Terms & Conditions: these present Terms & Conditions of the trader.

Article 2 – Identity of the Trader

Sleep Coach | Trophax 

Olympiadelaan 32

1183 WP Amstelveen

The Netherlands

T: (020) 822-5110

E: [email protected]

Chamber of Commerce (KvK): 50787438

VAT number: NL003127927B70

Article 3 – Scope

1. These Terms & Conditions apply to every offer of the trader and every distance contract concluded between trader and consumer.

2. Before the distance contract is concluded, the text of these Terms & Conditions will be made available to the consumer.

3. If the contract is concluded electronically, these Terms & Conditions may also be supplied electronically in such a way that the consumer can easily store them on a durable data carrier.

4. If, in addition to these Terms, special product or service conditions apply, the consumer may always invoke the most favorable provision in case of conflict.

5. If any provision is invalid, the remainder remains binding, and the invalid clause will be replaced by one that reflects the original intent as closely as possible.

6. Situations not covered by these Terms must be interpreted “in the spirit” of these Terms.

Article 4 – The Offer

• Offers are subject to change and non-binding unless otherwise stated.

• The offer contains a clear and accurate description of the products/services offered. Obvious errors do not bind the trader.

• Each offer clearly specifies rights and obligations, including: price incl. taxes, delivery costs, right of withdrawal (if applicable), payment and delivery terms, validity period of the offer.

Article 5 – The Agreement

• The agreement is concluded once the consumer accepts the offer and meets the stated conditions.

• Electronic orders will be promptly confirmed.

• The trader secures electronic data transfer and payment processes.

• The trader may assess the consumer’s ability to meet payment obligations.

• Upon delivery, the consumer will receive: trader’s contact details, withdrawal information, warranty conditions, and termination rules for long-term contracts.

Article 6 – Right of Withdrawal

Goods: 

• Consumers have 14 days from the day after receipt to withdraw without reason.

• During this period, consumers must handle goods and packaging carefully.

• Withdrawal must be notified within 14 days and followed by return shipment within 14 additional days.

Services: 

• Consumers may withdraw within 14 days after contract conclusion, unless the service has already been fully performed with prior consent.

Article 7 – Costs in Case of Withdrawal

• Return shipping costs are borne by the consumer.

• Refunds are made within 14 days after withdrawal, using the same payment method.

• The consumer is liable for any diminished value caused by handling beyond what is necessary to establish the nature and functioning of the goods.

Article 8 – Exclusion of Withdrawal Right

The right of withdrawal does not apply to:

• custom-made or personalized products,

• goods that cannot be returned for hygiene reasons once unsealed,

• perishable goods,

• audio/video recordings or software with broken seals,

• services already executed with consumer’s prior consent.

Article 9 – Price

• Prices will not be increased during the validity period, except due to VAT or legal changes.

• All prices include VAT.

• Printing and typographical errors are excluded.

Article 10 – Conformity & Warranty

• The trader ensures products/services conform to the contract, specifications and legal requirements.

• Statutory warranty applies to all products; duration depends on the type of product.

• Consumer rights under law remain unaffected by any additional trader/manufacturer warranty.

Article 11 – Delivery & Execution

• Deliveries are made to the address provided by the consumer.

• Delivery within 30 days unless otherwise agreed.

• If not delivered in time, the consumer may cancel the contract at no cost.

• Risk of loss/damage passes only upon delivery to the consumer.

Article 12 – Long-Term Transactions: Duration, Termination & Renewal

• Consumers may terminate open-ended contracts at any time with 1 month notice.

• Fixed-term contracts may be terminated at the end of the term with 1 month notice.

• Automatic renewal is only permitted under strict conditions (e.g. magazines up to 3 months).

Article 13 – Payment

• Unless agreed otherwise, payment must be made within 7 business days after the start of the withdrawal period.

• Incorrect payment details must be reported immediately.

• In case of late payment, the trader may charge reasonable costs.

Article 14 – Complaints Procedure

• The trader has a transparent complaints procedure.

• Complaints must be submitted in writing within 2 months after defect discovery.

• Complaints are answered within 14 days; otherwise, an expected resolution timeframe will be given.

• Unresolved disputes can be submitted to WebwinkelKeur mediation or the EU Online Dispute Resolution (ODR) platform.

• Valid complaints result in free repair or replacement.

Article 15 – Disputes

• Dutch law applies exclusively, even if the consumer resides abroad.

• The Vienna Sales Convention (CISG) does not apply.

Article 16 – Additional or Deviating Provisions

Any additional or deviating provisions must not disadvantage the consumer and must be recorded in writing or on a durable data carrier.