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 - Costs in case of withdrawal
Article 8 - Exclusion of the right of withdrawal
Article 9 - The price
Article 10 - Conformity and warranty
Article 11 - Delivery and execution
Article 12 - Payment
Article 13 - Complaint procedure
Article 14 - Liability
Article 15 - Disputes
Article 16 - Additional or deviating provisions
Article 1 - Definitions
In these terms and conditions, the following definitions apply:
Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
Day: calendar day;
Durable data carrier: any means that enables the consumer or entrepreneur to store information in a way that allows future consultation and unchanged reproduction;
Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;
Entrepreneur: House Of Seraphine, the natural or legal person who offers products remotely to consumers;
Distance contract: an agreement whereby only techniques for distance communication are used;
Technique for distance communication: means that can be used to conclude an agreement without physical presence;
General terms and conditions: these terms and conditions of Fluff Bedding.
Article 2 - Identity of the entrepreneur
House of Seraphine (S&E)
Driekerkenstraat 75
8501 Bissegem
Belgium
Phone number: +32 484 42 37 99
Email address: hello@houseofseraphine.be
Company number: 0780889293
VAT number: BE0780889293
Article 3 - Applicability
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
Before the contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated where the terms and conditions can be inspected and that they will be sent free of charge upon request.
If the contract is concluded electronically, the terms and conditions will be made available in such a way that the consumer can store them on a durable data carrier.
If, in addition to these terms and conditions, specific product conditions also apply, the provision that is most favorable to the consumer will always apply.
If provisions are nullified or annulled, the remaining provisions will remain fully in force.
Article 4 - The offer
The offer is non-binding and can be changed by the entrepreneur.
The offer contains a complete and accurate description of the products. Images are a true representation but may show slight deviations in color or design.
Obvious mistakes or errors in the offer do not bind the entrepreneur.
Every offer contains such information that it is clear:
- the price including VAT
- any shipping costs
- the manner in which the agreement will be concluded
- whether or not the right of withdrawal applies
- the method of payment, delivery and execution
- the period for acceptance of the offer
- the duration of the agreement if applicable
To guarantee the fastest delivery times and best service, House of Seraphine uses a specialized logistics partner network. Your order will be carefully processed and shipped directly from the central distribution center.
Article 5 - The agreement
The agreement is concluded at the moment the consumer accepts the offer and the entrepreneur confirms it.
The entrepreneur confirms receipt of the order electronically.
The entrepreneur takes appropriate security measures for electronic payments and data transfer.
Within legal limits, the entrepreneur may investigate whether the consumer can meet their payment obligations and may refuse an order if there are justified reasons for doing so.
Every agreement is entered into subject to sufficient product availability.
Article 6 - Right of withdrawal
The consumer has the right to dissolve the agreement within 30 days without giving reasons.
The cooling-off period starts on the day after receipt of the product.
During the cooling-off period, the consumer will handle the product and packaging with care. The product may only be unpacked or used to the extent necessary to assess its nature, characteristics and functioning.
If the consumer exercises the right of withdrawal:
- they must notify this within 30 days via email or model form
- they must return the product within 30 days after notification
The consumer bears the risk and burden of proof for correct and timely return shipment.
Article 7 - Costs in case of withdrawal
The consumer bears the direct costs of return shipment. For Belgium and the Netherlands, this will be approximately 9 to 10 euros.
If the consumer exercises their right of withdrawal, the entrepreneur will refund all received payments within 30 days after receiving the return or valid proof of shipment.
Refunds will be made using the same payment method, unless otherwise agreed.
The consumer is liable for any depreciation in value if the product has been used beyond what is necessary to assess it.
Article 8 - Exclusion of the right of withdrawal
The right of withdrawal can be excluded for products:
- that are custom-made
- that cannot be returned for hygienic reasons if the seal has been broken
- that are clearly personal in nature
- that can spoil or age quickly
- whose seal has been broken (if applicable)
Exclusion only applies if this has been clearly stated in advance.
Article 9 - The price
All prices include VAT.
During the validity period of the offer, prices will not be increased, except due to statutory VAT changes.
The seller reserves the right to inform the buyer in case of printing or pricing errors and, if necessary, to unilaterally cancel the order.
Any shipping costs will be stated separately.
Article 10 - Conformity and warranty
The entrepreneur guarantees that the products comply with the agreement and legal requirements.
All products are covered by the legal warranty.
The consumer must report defects within one month of discovery.
The warranty expires if:
- there is improper use
- the product has been modified by the consumer
- damage has occurred due to external causes
Article 11 - Delivery and execution
Delivery takes place at the address provided by the consumer.
The delivery time is a maximum of 30 days, unless otherwise agreed.
Normal delivery times can be found under Deliveries
If delivery is delayed, the consumer will be informed and can dissolve the agreement free of charge.
The risk of damage or loss transfers to the consumer upon delivery.
Article 12 - Payment
Payment must be made using the payment methods offered on the website.
If payment is not made on time, the consumer is legally in default.
The entrepreneur has the right to charge statutory interest and collection costs in accordance with the law.
Article 13 - Complaint procedure
Complaints must be submitted fully and clearly via email within 2 months of discovery.
The entrepreneur will respond within 30 days.
If a complaint requires a longer processing time, the consumer will receive an acknowledgment of receipt with a timeline.
Article 14 - Liability
The entrepreneur is not liable for:
- indirect damage
- consequential damage
- loss of profit
- delays caused by third parties (such as transport services)
Liability is limited to the invoice amount of the relevant order.
Article 15 - Disputes
Belgian law applies to these general terms and conditions.
Disputes will be submitted to the competent courts of the entrepreneur's registered office.
Article 16 - Additional or deviating provisions
Deviating provisions are only valid if they have been laid down in writing or made available on a durable data carrier.