Terms of sale
1 DEFINITIONS
In these terms and conditions, the following terms shall have the following meanings:
General Terms and Conditions": the present general terms and conditions applicable to the relationship between you and us when purchasing products.
Agreement": Any agreement whereby we undertake to provide the products to you subject to the Terms and Conditions.
iii. Party/Parties": you and/or we
Product' means all goods offered for sale.
You/your": the customer who is a consumer in the sense of Article I.1, 2° WER, being a natural person acting for purposes which are outside his trade, business, craft or profession.
We/we/our/Revor Group': as stated in article two of these General Terms and Conditions
2 OUR IDENTIFICATION
Who are we?
This website (hereinafter collectively referred to as the "Website") is an initiative of Revor Group: (hereinafter referred to as "Revor Group", "We" and "Us")
North Avenue 2
8520 Kuurne
Belgium
VAT BE 0417.941.227
E-mail: info@revorgroup.com
Contact:
Reachability: Monday to Friday
Telephone number: +32 56 54 12 00
E-mail address: info@revorgroup.com
3 APPLICATION
3.1 These General Terms and Conditions apply to all purchases of our products. When placing an order, you must explicitly accept these General Terms and Conditions and agree to their application. These General Terms and Conditions apply to the exclusion of any other conditions. Unless they have been expressly accepted by us in writing, any general or special terms and conditions you may have are expressly excluded. Notwithstanding the foregoing, these General Terms and Conditions do not affect the legal rights that are imperatively granted to you under Belgian consumer protection legislation.
3.2 We reserve the right to amend these Terms and Conditions from time to time. However, the version of these Terms and Conditions applicable at the time of the order shall continue to apply between you and us in respect of the sale.
4 OUR PRODUCTS AND ACCEPTANCE
4.1 Revor Group makes all reasonable efforts to ensure that information about the properties of the Products and illustrations of the Products are as accurate as possible. However, there may be a slight difference in the colour that the Product actually is and the colour that your computer screen shows.
4.2 Certain non-substantial characteristics of a Product may differ on delivery from the photographs and descriptions appearing on the Website. However, we do not exclude liability for errors resulting from our negligence and will do our best to provide you with the Product you desire.
4.3 We are not bound by an offer if this offer is clearly affected by a mistake or error. Obvious or abundantly clear errors in the quotation, such as evident inaccuracies, can be corrected even after the conclusion of the Agreement, to the extent permitted. We cannot be held liable for any (printing) errors in our prices or General Terms and Conditions.
4.4 We cannot guarantee that all Products will always be available. Our offer is only valid while stocks last. If you order a Product from the webshop that is out of stock, we will inform you as soon as possible by e-mail and you have the right to cancel your order. We are not liable for the temporary or permanent unavailability of a Product in our webshop and/or for any damage resulting from the unavailability of a certain Product. We have the possibility to apply specific conditions to a certain offer, such as a limited validity period. Such specific conditions are only applicable if they are communicated explicitly and prior to the order.
4.5 Your acceptance of our offer is made by placing the order in our webshop. This purchase is binding. We will send a confirmation of the order to the e-mail address provided by you within 4 calendar days.
4.6 We reserve the right to refuse an order due to a serious shortcoming by you regarding the order in which you are involved.
5 OUR PRICES
5.1 The prices of our Products are stated on the Website and are fixed at the time of ordering. The price stated refers exclusively to the Products as described word for word. The accompanying photos are decorative and may contain elements that are not included in the price. All prices quoted are in EURO and include VAT and any other taxes or duties. Any other costs charged will be indicated separately.
5.2 Revor Group has the right to change its prices at any time, but we commit ourselves to apply the rates indicated on the website at the time of your order. If the price change is the result of changes in VAT rates, it will be charged to you.
6 PAYMENT
6.1 Each payment is in principle processed immediately and in full, from the moment you place the order. For payment of our Products, we accept Mastercard, Visa, American Express, Apple Pay, Bancontact, Carte Bleue, CreditClick, iDEAL, in3, Maestro, Payconiq and PayPal.
6.2 Revor Group may expand its payment options in the future. takes all reasonable measures to ensure the security of your online transactions. We guarantee this security by engaging specialised parties such as recognised credit card issuers and payment partners.
6.3 We use the external payment platform PAY for the processing of payments. The necessary security measures are provided via SSL. These payments are subject to the general terms and conditions of PAY. who is solely responsible for the correct execution of the online payments.
6.4 Revor Group will postpone its delivery obligations until receipt of full payment of all amounts due from you. Revor Group always retains ownership of all ordered Products until full payment of all amounts due under the Agreement has been received, regardless of whether delivery has already taken place.
6.5 Until full payment has been made, the Products delivered shall remain our exclusive property. However, the risk of loss or damage shall pass to you as soon as you (or a third party nominated by you) have taken physical possession of the Products. Please note, however, that although you retain ownership of the Product upon full payment, you do not retain ownership of our intellectual property rights (referred to in clause 12 (Intellectual Property Rights)). Such intellectual property rights shall remain vested in us or our licensors at all times.
6.6 If necessary, you shall draw the attention of third parties to the above-mentioned retention of title, e.g. anyone levying an attachment on articles that have not yet been paid for in full. In this connection, you undertake to inform us immediately in writing of any seizure of the delivered Products by a third party.
7 DELIVERY
7.1 We process every order quickly. We make every reasonable effort to deliver your order within five (5) working days unless otherwise specified in the product.
7.2 You have the option to choose between home delivery or having the Products delivered to a Revor Group distribution point. If you choose the latter option, you must collect your Product from the distribution point.
7.3 It is your responsibility to make the delivery to the agreed place possible in your presence or in the presence of a third party designated by you. Delivery is considered to have taken place as soon as the ordered Products have been offered to you once. If an offered delivery is unsuccessful due to a shortcoming on your part or on the part of the third party designated by you, the costs of new delivery attempts will be borne entirely by you.
7.4 Revor Group uses reliable external parties for the delivery, in particular POSTNL & FEDEX/TNT. The use of external parties may affect the delivery. As a result of an undelivered order, an immediate investigation is conducted with the carrier. This takes several days during which time a refund or alternative shipment cannot be made.
7.5 If Revor Group fails to deliver the Products at the time agreed with you or within five (5) working days, you may request that delivery be made within an additional period that is appropriate in the circumstances. If Revor Group fails to deliver within the additional period, you are entitled to terminate the Agreement. In such a case of termination, Revor Group will promptly, and at the latest within fourteen (14) days after termination of the Agreement, reimburse all amounts paid. Exceeding the delivery period shall not give rise to any other compensation.
8 RIGHT OF WITHDRAWAL
8.1 By law, you have the right to cancel your purchase within fourteen (14) days. You are not obliged to pay any compensation or give any reason. Revor Group would of course like to hear your feedback so that we can improve our services.
8.2 If you exercise your right of withdrawal in accordance with these Terms and Conditions and the legal provisions, Revor Group will refund the amount actually paid within fourteen (14) calendar days. Revor Group will cover the return costs and reimburse you using the same means of payment with which it made the original transaction, unless you have expressly agreed otherwise. In any case, no costs will be charged for the refund.
8.3 If you wish to invoke the right of withdrawal, you must always communicate this to Revor Group in writing, explicitly, unambiguously and compulsorily. This notification must be made within fourteen (14) calendar days from the day of (physical) receipt of the products and can be sent to info@hotel-sleep.com.
8.4 In that notification, you must state the following information:
Date of order, date of receipt and date on which the right of withdrawal is exercised;
The order number/reference number, which you can find on the confirmation/invoice of the order;
A list of the products you wish to return from your order;
Your name and address;
Your signature.
You will then agree with Revor Group when the Product can be collected by the external party designated by Revor Group.
8.5 You are responsible for any depreciation in the value of the Products resulting from handling of the Products beyond what is necessary to establish the nature, characteristics and operation of the Products. Revor Group is entitled to charge you for the cost of the impairment in proportion to the refund. However, this is only after Revor Group has refunded the initial purchase price to the Consumer.
9 GUARANTEE
9.1 You, acting in the capacity of consumer as defined in Art. I.1, 1° WER, have a legal guarantee of two years (2 years). You can make use of this right if the purchased Product does not correspond to the requested good. However, you may not invoke the legal guarantee for changes to the delivery date or place, or for defects of which you were aware at the time of purchase.
9.2 The legal guarantee may be invoked if the non-conformity of the delivered good is established within two years (2 years) of the delivery of the good. The statutory warranty starts to run from the delivery of the good to the consumer.
(a) If the good fails within the first six months of delivery, the defect is presumed to have existed since delivery. The seller must prove the contrary if he does not agree.
(b) If the defect of the good is found more than six months after delivery, the customer must prove that the good was not in conformity at the time of delivery.
9.3 If you wish to make use of your warranty, you must notify us as soon as possible after the discovery of the defect, within two years (2 years). This can be done via info@revorgroup.com. We request that you provide us with all necessary information in this regard (photographs may be used if necessary).
9.4 This guarantee covers the repair or replacement of the defective product.
9.5 You are responsible for any depreciation in the value of the Products resulting from handling of the Products beyond what is necessary to establish the nature, characteristics and operation of the Products. Revor Group is entitled to charge the cost of the impairment in proportion to the refund.
9.6 The warranty offered to you by Revor Group applies solely to manufacturing defects. Any deformation or damage resulting from misuse, deliberate damage, exposure to abnormal humidity or heat, mould, other contamination of human or animal origin, wear and tear, discolouration or use on an unsuitable or poorly installed base is not covered by this warranty.
9.7 The warranty only applies to products bearing the Revor Group label. Removing this label will void any warranty.
9.8 The fact that the product is repaired or replaced does not change the duration of the guarantee period. The warranty period always starts with the original invoice date.
9.9 Our warranty period for mattresses and toppers is 10 years and is degressive, see table below. This only applies to mattresses and toppers. The warranty period starts at delivery, which can be found on the proof of purchase of your product. After repair or replacement of the product, the warranty period is not automatically extended. The percentages below represent the percentage discount you will receive on the exchange of your product.
First year to third year after purchase = 100% of the sales price
Fourth year to fifth year after purchase = 60% of the sale price
Sixth year to eighth year after purchase = 40% of the sale price
Ninth year to tenth year after purchase = 20% of selling price
10 LIABILITY
10.1 To the extent permitted, we shall not be liable for indirect or consequential damages. Unless excluded by mandatory law, we shall only be liable for damage caused by failure to comply with our obligations if and insofar as such damage is caused by our wilful and serious fault; we shall not be liable for any other faults.
10.2 Nothing in these Terms and Conditions is intended to exclude or limit your statutory rights. Furthermore, nothing in these Terms and Conditions is intended to limit or exclude our liability for death or personal injury caused by our negligence (including that of our employees); or for fraud or fraudulent misrepresentation.
10.3 Should we nonetheless be held liable, the amount of compensation shall be limited to the total amount paid by you for the Products purchased.
11 PROTECTION OF PERSONAL DATA
11.1 The information provided by you is necessary for the processing, handling and completion of your orders and the preparation of invoices. If these data are missing, your order cannot be fulfilled. Providing incorrect or false personal data is considered a breach of the present General Terms and Conditions. Your personal data will only be processed in accordance with our privacy policy.
12 INTELLECTUAL PROPERTY
12.1 We warrant that we have the necessary rights to offer our Products. All intellectual property rights and derived rights to these Products shall remain with us and/or the actual right-holder. These intellectual property rights are understood to mean copyrights, trademark rights, drawing and model rights and/or other (intellectual property) rights, including patentable or non-patentable technical and/or commercial know-how, methods and concepts.
12.2 The content of the website is the property of Revor Group. This includes texts, graphics, photographs, images, moving images, sounds, illustrations and software. The content is protected by copyright or other rights. It is forbidden to take over, publish, reproduce or in any other way use this content without our written permission.
13 CUSTOMER SERVICE
13.1 We strive to keep our customers satisfied. Our customer service is therefore available to you on the following telephone number +32 56 54 12 00, by e-mail at info@revorgroup.com or by post at the following address Noordlaan 2, 8520 Kuurne. Any questions, complaints or comments about Products, the ordering process or the use of the webshop can be addressed to them.
14 POWER
14.1 We are not responsible for compliance with our obligations under these Terms and Conditions in the event of force majeure. Force majeure means the situation in which the performance of our obligations is wholly or partly, temporarily or otherwise, prevented by circumstances beyond our control such as, but not limited to, fire, strikes and lock-outs, storm, flood, computer, internet or telecommunications failures, the non-delivery or untimely delivery by suppliers or other third parties called in, depletion of stock, government decisions or interventions (including the refusal or cancellation of a permit or licence), fuel shortages, errors or delays attributable to third parties.
14.2 In the event of force majeure, these obligations shall be suspended and we shall use all reasonable efforts to limit the consequences of the force majeure situation. In the event that the force majeure lasts for more than 3 months, each Party shall be entitled to rescind the Contract by giving written notice to the other Party, without the Parties owing each other any compensation in respect thereof (other than reimbursement of the Product paid for by you and not delivered).
15 GENERAL
15.1 If any provision of these General Terms and Conditions (or part thereof) is declared void, invalid or unenforceable, this voidness, invalidity or unenforceability will not in any way affect the validity or enforceability of the other provisions of these General Terms and Conditions. In the event of nullity, invalidity or unenforceability, the Parties shall, to the extent possible, negotiate to replace the void, invalid or unenforceable provision (or part thereof) with an equivalent provision that complies with the spirit of these General Terms and Conditions.
15.2 Our failure to demand the strict application of any of the provisions of these General Terms and Conditions shall not be construed as a tacit waiver of our rights and shall not prevent us from demanding strict compliance with these provisions at a later date.
15.3 These General Terms and Conditions, including any references included in the General Terms and Conditions, constitute the complete statement of the Parties' rights and obligations and supersede all previous agreements and proposals, whether oral or written, including any terms and conditions of the Parties.
15.4 The General Conditions shall always and exclusively apply to all present and future Agreements between you and Us, except in the case of an explicit deviation. An explicit deviation is only valid to the extent that it is the result of mutual agreement between you and us, explicitly recorded in writing. Express deviations are only valid to the extent of replacing or supplementing the clauses to which they relate. The other provisions of these General Terms and Conditions remain fully applicable.
16 APPLICABLE LAW/COMPETENT COURT
16.1 Insofar as permitted by law, all agreements to which these General Terms and Conditions apply shall be governed by Belgian law, to the exclusion of the Vienna Convention on Contracts for the International Sale of Goods.
16.2 You may also bring a dispute concerning these General Terms and Conditions before an independent body. More information can be found at: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show.
16.3 Any dispute concerning the interpretation or application of these General Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of Kortrijk, unless the law imperatively prescribes another court.