Agreement: The agreement between you and Ubed when placing an order, as described in article 6:217 BW (Dutch civil law)
Consumer: You are the consumer! Unless you act from a corporate or professional interest.
Day: A normal calendar day
Durable data carrier: Any device or Application – including email – that enables you or Ubed to store information that is directed towards them.
Right to return/100 day trial arrangement: The right to return and/or the 100-day trial arrangement is the arrangement we provide as extra service to allow you to return a UBED mattress. The rules and conditions for this arrangement are described in article 5 of the terms and conditions.
Right to withdrawal: The right to withdrawal from a purchase is a right you are entitled to according to the law. You may reconsider and withdraw from your purchase under certain conditions. These conditions are described in the terms and conditions.
Shipping agent: The person or party that delivers an order to an address designated by the consumer.
Terms and conditions: The terms and conditions as described on this page.
Trial day: Every calendar day that falls within the trial period
Trial period: The period, consisting of 100 days, wherein you may exercise your right to return under the conditions described in article 6. This period Starts on the day your item is delivered to you.
Ubed: Ubed B.V. as defined in article 2 of these terms and conditions
Warranty: Our conditions pertaining warranty can be found in these terms and conditions.
Article 2 – Ubed, that’s us
But who are we? Apart from our website, we also exist physically. In our office, we work hard to improve your sleep experience. Here is our information:
Ubed B.V.
Zeemagazijnkade 3, 1018LE Amsterdam
Telephone number: 020-123456
Email address: hello@ubed.com
Chamber of Commerce number: 62666983
VAT identification number: NL12345567B01
Article 3 – Applicability of these terms and conditions
We have drafted these terms and conditions as agreement between us (Ubed) and the consumer. If you do not act from a corporate or professional interest, these terms and conditions apply to you. You can always find the terms and conditions on www.ubed.com/terms-and-conditions but you may also ask for us to mail them to you.
Article 4 – Our agreement
When you order a mattress from us, an agreement is made between you and Ubed. This agreement consists of arrangements made about your expectations from us and vice versa. All required information will be delivered with your order and most information can be found on our website.
We provide you with the opportunity of a 100-day trial period. If our mattress does not meet your expectations, you may return the mattress after 30 trial days. Why only after 30 trial days? Your body needs some time to adjust to the new mattress. To utilise your right to return, you must request a return within 100 trial days. This can be done by telephone or by filling in the form on www.ubed.com/trialperiod. After filing your return request, we will make an appointment within 2 weeks to pick up your mattress. This pick-up will be at our cost. Your purchase amount will be deposited to your bank account.
Why do we provide a 100-day trial arrangement? We do this because we are convinced of the quality of our mattresses. We have attached a few conditions to this trial, so it can not be used for different purposes. The conditions for the 100-day trial arrangement are as follows:
The 100-day trial arrangement is applicable to one order per address, customer and/or bank account with a maximum of two one-person mattresses or one two-person mattress. With this arrangement, you may test the mattress to see if our mattresses are to your liking. If our mattresses suit your needs, you may order more.
The 100-day trial arrangement is only applicable to your first order from Ubed. If you have utilised the trial-arrangement before, your trial-arrangement is expired. Your right to withdrawal is still applicable under the conditions described in article 6 of the terms of service.
When you have filed a return request, your trial period ends. We will make an appointment to pick up the mattress within two weeks. If we are unable to pick up the mattress within two weeks after the trial period ends, your right to return the mattress expires.
We will deposit the full purchase amount within a period of 30 days, under the provision that the mattress is picked up by us in good condition. This period of 30 days starts on the day we pick up your mattress. If the mattress is damaged, we may hold you accountable for price reduction of the mattress. In that case, we are entitled to charge extra.
If we have a reasonable suspicion of fraud with your order or if an order was made without a serious intention of buying the mattress, the 100-day trial arrangement will expire.
Article 6 – Right to withdrawal
The right to withdrawal differs from the 100-day trial arrangement and applies to the following situations:
If you have utilised the 100-day trial arrangement, mattresses ordered after this arrangement will only fall under the right to withdrawal.
When you have not utilised the 100-day trial arrangement and when you order multiple mattresses, only one mattress will fall under the 100-day trial arrangement. All other mattresses will fall under the right to withdrawal.
The right to withdrawal means that you have a right to withdraw from the agreement, without specifying a reason, within 14 days. The withdrawal period expires 14 days after you or a designated third party, who is not the shipping agent, physically receives the mattress.
You can exercise your right to withdrawal by notifying us in writing. This can be done by sending an email to hello@ubed.com.com.
The right to withdrawal exists because a consumer is less able to assess a product when purchasing an item online because it is impossible to physically interact with the product (in its packaging). The right to withdrawal does not exist as a trial for a product, but as an extra right for a consumer to make up their mind about a product. Therefore, this right is only applicable if the mattress is in its original state, unused and undamaged. The right to withdrawal does not entail a trial period, which is the case for the 100-day trial agreement.
If there is reasonable evidence of fraud or if an order is placed without serious intention of purchase, your right to withdrawal expires.
Article 7 – Return costs
When returning a mattress which falls under the 100-day trial arrangement the pick-up of the mattress will be at our costs. If you exercise your right to withdrawal, you are responsible for the costs of returning the mattress. Naturally, this does not apply if the mattress has to be returned as result of a fault on our end or if it falls under warranty.
Article 8 – Pricing
The prices stated for our services and products are VAT-included.
If there is an error in the pricing of our products or services which you have already ordered, we will notify you of the erroneous pricing. You will then be provided the choice to continue the purchase of the product or service for the correct price or to cancel the purchase. If you cancel the purchase while you have already received the product, you are required to return the product.
Article 9 – Conformity and warranty
We value our promises. Therefore, we are responsible for that our mattresses not only conform our specifications as provided in the agreement but also meet your reasonable expectations.
A warranty provided by Ubed, or a manufacturer or importer, does not deduct from the legal rights and claims provided to you as a consumer on the grounds of the agreements and these terms and conditions.
To apply for warranty, you must inform us in writing of defects or incorrectly delivered mattresses. The mattresses must then be returned in mint condition and in the original packaging.
We provide you with a warranty of 10 years on defects in the material or construction of our mattresses. This means that, as an example, we are responsible for damage that occurs as a result of an error made in the production of the mattress. We greatly value the quality of our product, but mistakes can occur and we will try to ensure that you are not disadvantaged by them.
Situations exist where your warranty expires, this especially applies to situations where our mattresses are exposed to conditions we are not accountable for. These conditions include:
If you or a third party has repaired or modified the delivered mattresses.
If the delivered mattresses have been treated incautiously or of they have been exposed to abnormal circumstances. This includes exposure to circumstances which violate the instructions and precautions on the packaging or in the user manual. This also includes information provided to you through these terms and conditions or communicated to you in another manner.
If the defect is caused by prescriptions that have been or will be mandated by the government in relation to the nature or quality of the materials applied.
If the problem refers to a deviation of 2% in the length or width of the mattress.
If the problem refers to comfort preferences that have not been reported during the 100-day trial arrangement.
If the problem is the result of normal wear (less than 15%) of the shape and support of the mattress.
If the Ubed mattress in question has not been purchased through one of our official sales channels.
If you wish to claim warranty, you must send an e-mail which includes your proof of payment, clear photographs and a description of the problem to support@ubed.com. We will then contact you as soon as possible and take your claim into consideration.
If we deem your claim to be valid, we will work on solving the problem for you. First we will evaluate if the problem can be resolved through reparation. If the problem is deemed irreparable, you will be sent a new item. Naturally, the delivery costs will be paid by us.
If you have any further questions about our warranty, you can mail us at hello@ubed.com
Article 10 – Delivery
Exceptional quality and service is of tremendous importance to us. For this reason, we take great consideration in carefully shipping and handling our products.
We deliver to the address that you have declared as your delivery address while ordering the product.
During shipping and handling we can provide a estimated delivery time. Despite our greatest effort to adhere to this, you have no right to compensation if we exceed this estimated delivery time.
Until the moment you receive a mattress to you, the risk of damage and/or loss will be carried by us. This risk will expire after delivery.
Article 11 – Payment
There are multiple online payment options with us. Because we use Mollie for payment, you are able to pay using various methods. This includes: Apple Pay, Credit Card, iDeal, Klarna and PayPal. Mollie supports several other payment methods, which you can find on their website.
All payments are processed in EURO.
We maintain retention of property on orders. Until the moment that full payment has been provided, the mattress remains our property.
If there are errors in the payment details provided by you or provided on your behalf, you are required to notify us immediately.
If you fail to pay (in full), barring legal limitations, we have the right to bill you for reasonable costs incurred that have been notified to you beforehand.
Article 12 – Complaint policy
Ubed provides a sufficiently available complaint procedure and processes your complaint in accordance with this procedure
Complaints about the handling of the agreement must be filed in a complete and clear manner within 7 days after establishing the shortcomings. A complaint can be filed through hello@ubed.com
If we receive a complaint, we will try to respond as soon as possible (within 48 hours). It is possible we cannot address your complaint within this timeframe and we promise to respond to your complaint within 30 days. In some cases, addressing your problem may cost much time or many resources and if it takes more than 30 days to respond to your complaint, we will notify you and will provide an estimation of how long it will take to respond to your complaint.
If we deem your claim to be valid, the mattresses of our choice will be replaced or repaired.
We agree that we have a maximum of 6 weeks to resolve your complaint independently. After this period, a dispute arises that can be subject to dispute settlement.
Article 13 – Disputes
Solely Dutch law is applicable to the agreements related to these terms and conditions between Ubed and you.
Disputes between Ubed about the realisation or implementation of agreements in relation to the mattresses and services provided by Ubed may, with consideration to what is established in the following clauses, be submitted to the Dutch Foundation for Consumer Complaints Boards (De Geschillencommissie, www.degeschillencommissie.nl)
Conditions apply to laying a complaint before the Consumer Complaints Boards. These conditions can be found in the Regulations Disputes for Consumer complaints (Reglement Geschillen voor Consumentenzaken). If the Consumer Complaints Boards publicises new regulations, the new regulations apply.
Article 14 – Additional or distinctive determinations
Additional determinations or determinations that are distinct from the terms and conditions described here, may not be to your disadvantage and are required to be established in writing or in such a way that they can be saved by you in an accessible way on a durable data carrier.
Article 1 – Definitions