Terms & Conditions

Table of contents:

Article 1 - Definitions

Article 2 - Identity of the entrepreneur

Article 3 - Applicability

Article 4 - The offer

Article 5 - The agreement

Article 6 - Right of withdrawal

Article 7 - Obligations of the consumer during the cooling-off period

Article 8 - Costs in case of withdrawal

Article 9 - Obligations of the entrepreneur in the event of withdrawal

Article 10 - Exclusion of right of withdrawal

Article 11 - The price

Article 12 - Compliance with agreement and additional warranty

Article 13 - Delivery and execution

Article 14 - Duration transactions: duration, cancellation and extension

Article 15 - Payment

Article 16 - Complaints procedure

Article 17 - Disputes

Article 18 - Additional or deviating provisions

Article 19 - Retention of title

Article 20 – Exchange guarantee

 

 

Article 1 – Definitions

In these conditions the following definitions apply:

1. Reflection period: the period within which the consumer can exercise his right of withdrawal.
2. Consumer: the natural person who does not act for purposes related to his trade, business, craft, or profession.
3. Day: calendar day.
4. Digital content: data produced and delivered in digital form.
5. Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time.
6. Sustainable data carrier: any medium, including e-mail, that enables consumers or entrepreneurs to store personally targeted information. This storage must be such that the information can be consulted or used in the future for a period that is appropriate to the purpose of the information provided and that allows unchanged reproduction of the stored information.
7. Right of withdrawal: the consumer's option to cancel the distance contract within the reflection period.
8. Model form: the model form for withdrawal that the entrepreneur makes available, and which a consumer can complete if they want to exercise their right of withdrawal.
9. Entrepreneur: the company that offers products to consumers in the webshop, legally known as "distance purchasing".
10. Remote communication technology: means that can be used to conclude an agreement, without the consumer and entrepreneur having to be present in the same room at the same time.

 

Article 2 - Identity of the entrepreneur

Name of entrepreneur: Allyco BV

Trading under the name: Kozeliving

Chamber of Commerce number: 91131774

Address: Nijverheidsstraat 79, 6681 LN Bemmel, Netherlands

Open: Monday to Friday, from 9:00 AM to 5:00 PM

Email address: info@kozeliving.com

 

Article 3 – Applicability

1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
2. 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 viewed at the entrepreneur and that they will be sent free of charge as soon as possible at the request of the consumer. In any case, the text can always be found under the heading 'customer service' in the webshop.
3. The webshop contains a complete and accurate description of our products. This allows a good assessment of our products to be made. The photos in the webshop are as realistic as possible.
4. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that it can be read by the consumer and that it can be easily stored on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer. If, after the expiration of the periods referred to in paragraphs 2 and 3, the customer has not indicated that he wishes to exercise his right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.
5. If, in addition to these general terms and conditions, specific product or service terms and conditions also apply, the second and third paragraphs also apply. In the event of conflicting general terms and conditions, the consumer always has the right to rely on the provision that is most favorable to him.

 

Article 4 - The offer

1. If an offer has a limited period of validity or is subject to conditions, this will be expressly stated in the offer.
2. The offer contains a complete and accurate description of the products, digital content, and/or services offered. The description is sufficiently detailed to enable a good assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products, services, and/or digital content offered. Obvious mistakes or obvious errors in the offer do not oblige the entrepreneur to comply.
3. Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the colors displayed correspond exactly to the real colors of the products.
4. All images, specifications, and data in the offer are indicative and cannot lead to compensation or termination of the agreement.
5. Each offer contains information that makes it clear to the consumer what rights and obligations are associated with acceptance of the offer.

 

Article 5 - The agreement

1. The agreement is concluded, subject to the provisions of paragraph 4, at the time of acceptance by the consumer of the offer and compliance with the conditions set therein.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer has the right to terminate the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe online environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
4. Within legal frameworks, the entrepreneur can inform themself whether the consumer can meet their payment obligations, as well as all relevant facts and factors that are important for a responsible conclusion of the distance contract. If, after this investigation, the entrepreneur has valid reasons not to enter into the agreement, they have the right to refuse an order or request for clear reasons or to attach special conditions to its execution.
5. The entrepreneur will send the following information to the consumer at the latest upon delivery of the product, service, or digital content, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:

• a. the visiting address of the entrepreneur's branch where the consumer complaints can go with complaints;
• b. 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;
• c. the information about warranties and existing after-sales service;
• d. the price including all taxes of the product, service or digital content; where applicable, the costs of delivery; and the method of payment, delivery or execution of the distance contract;
• e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;
• f. if the consumer has a right of withdrawal, the model withdrawal form.

 

Article 6 – Right of withdrawal

1. When purchasing products, the consumer has the option to terminate the agreement without giving reasons within 18 (eighteen) days. A reflection period of 30 (thirty) days applies to Koz-E Sleep. This reflection period commences on the day after the receiving of the product by the consumer or a representative designated in advance by the consumer and announced to the entrepreneur.
2. During the reflection period, the consumer will handle the product with care. They will only unpack or use the product to the extent necessary to assess whether they wish to retain the product. If they exercise their right of withdrawal, they will return the product with all accessories supplied and - if reasonably possible - in the original condition and packaging, in accordance with reasonable and clear instructions provided by the entrepreneur.
3. To exercise the right of withdrawal, you must inform us, Allyco BV, customerservice@kozeliving.com, via an unequivocal statement (e.g. in writing by post, fax or e-mail) of your decision to revoke the agreement. You can use the attached information as a model withdrawal form, but you are not obliged to do so.
4. You can use the model withdrawal form or another clearly-worded declaration. You can also complete the formulated statement electronically and send it via our website. If you make use of this option, we will notify you without delay through a durable data carrier (for example by e-mail) a confirmation of receipt of your cancellation request. To comply with the withdrawal period, it is sufficient to provide your communication regarding your exercise of the right of withdrawal before the withdrawal period has expired.
5. If the customer has not notified the entrepreneur of their wish to make use of their right of withdrawal - within the period referred to in paragraphs 2 and 3 - and/or has not returned the product, the purchase will be considered a fact.
6. For the provision of services: 

• a. To exercise their right of withdrawal, the consumer must follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or given at the latest upon delivery;
• b. For the provision of services, the consumer has the option to terminate the agreement without giving reasons for a period of 18 (eighteen) days, starting on the day of entering into the agreement. A term of 30 (thirty) days applies to Koz-E Sleep.

 

Article 7 - Obligations of the consumer during the reflection period

 

1. During the reflection period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to determine the nature, characteristics, and operation of the product. The basic principle applied is that the consumer may only handle and inspect the product as they would in a store.
2. The consumer is only responsible for any reduction in the value of the product which results from handling the product in a manner beyond what is permitted in paragraph 1.
3. The consumer is not liable for any depreciation of the product if the entrepreneur has not provided them with all legally required information concerning the right of withdrawal before or at the time of the conclusion of the agreement.

 

Article 8 - Costs in case of withdrawal

1. If the consumer exercises their right of withdrawal, a maximum of the direct costs of returning the goods will be borne by them.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than within 14 (fourteen) days after cancellation. This is subject to the condition that the product has already been received back by the online retailer or that conclusive proof of complete return can be provided. Refunds will be made via the same payment method used by the consumer, unless the consumer expressly consents to another payment method.
3. If the product is damaged due to careless handling by the consumer themself, the consumer is liable for any reduction in value of the product.
4. The consumer cannot be held liable for depreciation of the product if the entrepreneur has not provided all legally required information about the right of withdrawal. This must be done before concluding the purchase agreement.
5. The entrepreneur will provide the consumer with clear instructions about the return process. In most cases, the entrepreneur will provide a return label with which the consumer can return the product. The consumer must prepare the product for return, including all included items, in the original box and packaging, and in a clean and undamaged condition.
6. If the consumer is responsible for returning the product, the consumer bears the risk and the burden of proof for the correct and timely exercise of the right of withdrawal. In other cases, where the entrepreneur is responsible for the return shipment, such responsibility lies with the entrepreneur. It is therefore important that the consumer ensures that they always have proof of shipping.

 

Article 9 - Obligations of the entrepreneur in the event of withdrawal

1. If the consumer informs the entrepreneur by return or contact form that they wish to exercise his right of withdrawal, the entrepreneur will confirm the notification electronically as soon as possible.
2. The entrepreneur ensures quick handling of the return shipment and a quick refund (as soon as possible, but in any case within 14 (fourteen) days after the return notification).
3. The entrepreneur uses the same payment method for the refund that the consumer used for his payment.

 

Article 10 - Exclusion of 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 in time before concluding the agreement:

 

1. Products and/or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period.
2. Exclusion of the right of withdrawal is only possible for products

• a. That have been created by the entrepreneur in accordance with the consumer's specifications;
• b. That are clearly personal in nature;
• c. Which by their nature cannot be returned;
• d. That can spoil or age quickly;
• e. The price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;
• f.  For audio and video recordings and computer software of which the consumer has broken the seal;
• g. For hygienic products of which the consumer has broken the seal.

3. Exclusion of the right of withdrawal is only possible for services

• a. Concerning accommodation, transport, restaurant business, or leisure activities to be provided on a certain date or during a certain period;
• b. The delivery of which has started with the express consent of the consumer before the cooling-off period has expired;
• c. Regarding betting and lotteries.

 

Article 11 - The price

1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates.
2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices, the prices of which are subject to fluctuations in the financial market and over which the entrepreneur has no influence. This liability to fluctuations and the fact that any prices stated are target prices are stated in the offer.
3. Price increases within 3 (three) months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
4. Price increases from 3 (three) months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:

• a. they are the result of legal regulations or provisions;
• b. the consumer has the right to cancel the agreement with effect from the day on which the price increase takes effect.

 

     5.The prices stated in the offer of products or services include VAT.

     6. All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

 

 

Article 12 - Compliance with agreement and additional warranty

1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the legal requirements applicable on the date of the conclusion of the agreement, as well as provisions and/or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. An additional guarantee provided by the entrepreneur, their supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur under the agreement if the entrepreneur has failed to fulfill their part of the agreement.
3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 4 (four) weeks of delivery. Products must be returned in the original packaging and in new condition.
4. The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
5. The warranty does not apply if:

• a. The consumer has repaired and/or edited the delivered products themself or has had them repaired and/or edited by third parties;
• b. The delivered products have been exposed to abnormal conditions, have otherwise been handles carelessly, or have been used in a manner that is contrary to the entrepreneur's instructions and/or the instructions on the packaging;
• c. The defect is wholly or partly the result of regulations that the government has imposed or will impose with regard to the nature or quality of the materials used.

 

Article 13 - Delivery and execution

1. The entrepreneur will exercise the utmost care when receiving and executing orders for products, and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has communicated to the entrepreneur.
3. Taking into account what is stated in paragraph 4 of this article, the company will execute accepted orders expeditiously, but no later than within 30 (thirty) days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified of this no later than 30 (thirty) days after he has placed the order. In that case, the consumer has the right to terminate the agreement without costs. The consumer is not entitled to compensation.
4. All delivery times are indicative. The consumer cannot derive any rights from any stated periods. Exceeding a term does not entitle the consumer to compensation.
5. After dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer immediately or at the latest within 14 (fourteen) days after dissolution.
6. If delivery of an ordered product proves to be impossible, the entrepreneur will make every effort to make a replacement item available. No later than upon delivery, it will be stated in a clear and understandable manner that a replacement item will be delivered. For replacement items right of withdrawal can not be excluded. The costs of any return shipment are borne by the entrepreneur.
7. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and announced to the entrepreneur, unless expressly agreed otherwise.

 

Article 14 - Transactions: duration, termination and extension

Duration:

If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Termination:

1. The consumer can terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services at any time, taking into account the agreed cancellation rules and a notice period of no more than one month.
2. The consumer can terminate the agreements referred to in the previous paragraphs:

• a. Cancellation at any time and not limited to cancellation at a specific time or period;
• b. At least cancel in the same manner as they were entered into by them;
• c. Always cancel with the same notice period as the entrepreneur has agreed for themself.

 

Extension:

1. An agreement that has been entered into for a specific period and that extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a specific period.
2. Notwithstanding the previous paragraph, an agreement that has been entered into for a fixed period and which extends to the regular delivery of daily news and weekly newspapers and magazines may be tacitly extended for a fixed period of up to 3 (three) months. If the consumer refuses to accept this extended agreement, they may terminate the extension with a notice period of no more than 1 (one) month.
3. An agreement that has been entered into for a definite period and that extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month and a notice period of no more than three months if the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
4. A limited-term agreement for the regular delivery of daily, news, and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.

 

Article 15 – Payment

1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 14 (fourteen) working days after the commencement of the reflection period referred to in Article 6, paragraph 1. In the case of an agreement to provide a service, this period commences after the consumer has received confirmation of the agreement.
2. The consumer has the obligation to immediately report any inaccuracies in payment details provided or stated to the entrepreneur.
3. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs communicated to the consumer in advance.

 

Article 16 – Complaints procedure

1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within 7 (seven) days after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur will be answered within a period of 14 (fourteen) days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within 14 (fourteen) days with an acknowledgment of receipt and an indication of when the consumer can expect a substantive answer.
4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.
5. A complaint about a product, service or the service of the entrepreneur can also be submitted via a complaints form on the consumer page of the KEURMERK website (www.keurmerk.nl). The complaint will then be sent to both the entrepreneur in question and to Keurmerk.
6. The consumer must give the entrepreneur at least 4 (four) weeks to resolve the complaint by mutual agreement. After this period, a dispute arises that is subject to the dispute settlement procedure.

 

Article 17 – Disputes

1. Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law, even when the consumer lives abroad.
2. The Disputes Committee will not handle a dispute or will stop handling it if the entrepreneur has been granted a suspension of payments, has become bankrupt or has actually terminated his business activities before a dispute has been heard by the committee at a hearing and a final decision has been made

 

Article 18 - 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 19 - Retention of title

The delivered products only become the property of the consumer once he has fulfilled his payment obligations under the relevant agreement(s), including any damages, costs, interest, and fines. If the payment obligations are not met, the entrepreneur is entitled to take back the products at any time.

 

Article 20 – Exchange guarantee

An exchange guarantee applies to the 'warm' category for a period of 7 (seven) days after delivery. The exchange guarantee means that the consumer has the right to exchange the purchased product for a product of the same type but in a different color. The exchange guarantee is limited to one exchange per product purchased.