terms and conditions

  • Article 1 – Definitions

    In these general terms and conditions, the following definitions apply:

    1. Matt Sleeps (we form) : defined in article 2 of these general terms and conditions;
    2. Consumer (you-form) : a natural person, not acting in the exercise of a profession or business, with whom Matt Sleeps concludes or intends to conclude an agreement;
    3. Parties : Matt Sleeps and the Consumer;
    4. In writing : put in writing; by post, e-mail or other electronic means;
    5. Third Party(ies) : (legal) persons, not being Matt Sleeps or Consumer;
    6. Webshop : Matt Sleeps' digital store, accessible via the web address www.mattsleeps.com ;
    7. BW: Burgerlijk Wetboek, which is the Dutch Civil Code.

  • Article 2 – Our info

    Company name: Matt Sleeps B.V.
    Street name and number: Hannie Dankbaarpassage 14
    Postal code and city: 1053 RT Amsterdam
    Phone number: +31 20 2615296

    Email address: [email protected]
    Dutch Chamber of Commerce number: 64147681

  • Article 3 – General provisions
    1. This English version of the General Consumer Conditions (Algemene Consumentenvoorwaarden) is a translation of the Dutch version. Please note that Dutch law is applicable.
    2. If any provision in this English version of the General Consumer Conditions turns out to differ in meaning to the Dutch version, the Dutch version and Dutch meaning always prevails.
    3. These general terms and conditions apply to every offer, all our (legal) acts and to every agreement concluded between us.
    4. These general terms and conditions do not apply if you are not a natural person who does not act in the exercise of a profession or business.
    5. These general terms and conditions can always be found digitally at https://www.mattsleeps.com/en/terms-and-conditions
    6. Before concluding an agreement with us, you can ask us to send you a copy of these general terms and conditions by e-mail, so that you can save it on your computer.
    7. If any provision of the terms and conditions or an agreement is found to be void or voided, this does not mean that the remainder of our terms and conditions or our agreement is no longer valid. We will then discuss together how we are going to solve this, but we will take the purpose of the invalid provision as the starting point.
    8. Unless we have expressly agreed this together in Writing, the applicability of other general terms and conditions is excluded.
    9. Deviations from or additions to these general terms and conditions are only valid if we have expressly agreed this together in Writing.

  • Article 4 – The offer
    1. It is possible that an offer from us is only valid for a certain period of time or that additional conditions apply. If this is the case, this will be stated in the offer.
    2. The offer contains a sufficiently accurate description of the products offered. With this description you can make a good assessment of our offer. Any errors or mistakes in the offer will not bind us. If we use images, we do our very best to match the actual products as closely as possible.
    3. Delivered mattresses may differ by 2 (two) centimeters in width and length, and 1 (one) centimeter in thickness from the dimensions stated in our Webshop.
    4. Obvious mistakes or obvious errors, such as for example obvious wrong prices shown, are not binding on us. Are you in doubt? Please contact us. If we discover an apparent error in the price of the products ordered by you, we will inform you of this apparently incorrect price and you will be given the choice to continue with your purchase at the correct price or to cancel your purchase and to return the product for free.

  • Article 5 – The agreement
    1. Our agreement is concluded the moment you have accepted our offer and the associated terms and conditions, including these terms and conditions.
    2. You accept our offer by placing an order in our Webshop.
    3. If you order something in the Webshop, we will always send you an email with a confirmation of your order.
    4. If we have justifiable doubts as to whether you can fulfill your side of the agreement, for example the payment, then we have the right not to execute the agreement. If we refuse, we will cancel your order and notify you in Writing within a reasonable period of time.

  • Article 6 – 120 days free trial of a mattress
    1. We are convinced that you will sleep well on our mattress. That is why we give you the opportunity to try a mattress free of charge for 120 (one hundred and twenty) days after purchase. You have the right to return the mattress within 120 (one hundred and twenty) days after the delivery date.
    2. You can therefore indicate from the thirtieth day after the delivery date of the mattress that you want to return the mattress, by making a return request via www.mattsleeps.com/retour. We are convinced that you can only form a good judgement after 30 (thirty) days. Give Matt a fair chance!
    3. Within two weeks after registering the return request, an appointment will be made by telephone to collect the mattress from you free of charge. Within 30 days from the day the mattress is collected from you, the purchase amount of the collected mattress will be refunded to your bank account.
    4. In order to claim the full purchase price of the mattress, the mattress must be received by us in good condition. In the event of damage to the mattress, costs will be charged for this and you are liable for any depreciation of the mattress.
    5. If we cannot make an appointment with you within two weeks to collect the mattress after the trial period has expired, your right to return will expire.
    6. Each customer can only try the Matt Sleeps mattress once. The right of return can therefore only be invoked for one order per address, per customer and per bank account number, with a maximum of two single mattresses. In the first order you can therefore have a right of return on one or two single mattresses, or on one double mattress. ( The single mattresses include the following sizes: Twiggy 80x200 / Twiggy+ 80x210 / Twiggy++ 80x220 / The Bachelor 90x200 / The Bachelor + 90x210 / The Bachelor ++ 90x220 / The Twin 100x200 / The Twin + 100x210 / The Twin ++ 100x220 / Twist & Turn 120x200.)
    7. If we have plausible evidence or well-founded suspicions of fraud or placing an order without a serious intention of purchase, the right of return will lapse. 
    8. Mattresses that do not fall under the right of return stated in this article are subject to the right of withdrawal (art. 7), just like the other products.

  • Article 7 – Right of withdrawal
    1. As a Consumer, you have the right to dissolve our agreement without giving reasons until a period of 14 (fourteen) days has passed after the day on which you or someone for you, who is not the delivery person, has received the product.
    2. If you have ordered a product that has been specifically tailored or made to your individual choice, those products are exclusively intended for you. On this ground, the right of withdrawal is excluded for those products. This concerns products or adaptations of products that are not standard offered in the Webshop for everyone. 
    3. Did you ever try Matt for 120 (hundred twenty) days? Then you fall back on the statutory right of withdrawal. Mattresses can be returned within 14 (fourteen) days, but the right of withdrawal is excluded from a hygienic point of view for mattresses that are no longer in their original condition, used or damaged, such that we can no longer sell your mattress to a new owner, even after thorough cleaning.
    4. Box springs can be returned within 14 (fourteen) days, but the right of withdrawal is excluded from a hygienic point of view for box springs that are no longer in their original condition, used or damaged, in such a way that we can no longer sell your box spring to a new owner, even after thorough cleaning. The installer can immediately take the box spring back if you don’t like it.
    5. Loft beds can be returned within 14 (fourteen) days if it's unused and in unopend packaging. The installer can immediately take the loft bed back if you don't like it.
    6. You can try pillows for 30 days. These can therefore be returned free of charge within 30 (thirty) days.
    7. You can try toppers for 30 days. These can therefore be returned free of charge within 30 (thirty) days.
    8. Mattress protectors can be returned within 14 (fourteen) days, but the right of withdrawal is excluded from a hygienic point of view for mattress protectors that are no longer in their original condition, used or damaged, such that we can no longer sell your mattress protectors to a new owner, even after thorough cleaning.
    9. When you return one of our products, you are liable for any diminished value. This depreciation must be the result of the fact that you have used the product further than was necessary to determine the nature, characteristics and operation of the product.

  • Article 8 − How do you exercise the right of withdrawal?
    1. You can exercise the right of withdrawal by notifying us in Writing. This can be done by emailing [email protected] for example.
    2. Then you return the product with all accessories supplied. If reasonably possible in its original condition and packaging, and according to the reasonable and clear instructions provided by us.
    3. You bear the risk and burden of proof for the correct and timely exercise of the right of withdrawal.
    4. If you exercise your right of withdrawal, you bear the direct costs of returning the product, except for pillows and toppers.
    5. If the right of withdrawal is invoked for products that are part of a product combination for which you have received a combination discount, the combination discount will lapse. We can settle this discount with the amount to be refunded in that case.
    6. We will only refund the full purchase price if the returned product is undamaged, complete and in its original condition. When returning a damaged product, we will settle the depreciation of the product with the amount to be refunded to you.

  • Article 9 – Dissolution
    1. We have the right to suspend the fulfillment of the agreement or to terminate and/or dissolve the agreement in whole or in part, effective immediately and without prior notice of default by means of a Written statement in the situations a to e. We can do that at our own discretion.
      1. When you fail to fulfill one or more of its obligations, or fail to do so in a timely manner or properly, or we have reasonable grounds to fear this.
      2. When you are declared bankrupt or enter a debt restructuring process.
      3. When you apply for a (provisional) bankruptcy and/or postponement of payment.
      4. When your assets are seized in whole or in part.
      5. When we cannot reasonably be asked to perform an agreement with you where, in our opinion, the customer relationship is no longer good and friendly. The customer relationship may have been disrupted because, for example, you have abused our return conditions in the past and/or because (legal) disputes have arisen with you. We'd better not get on with each other then.
    2. We reserve any right to compensation for costs, damage and interest.

  • Article 10 – Liability
    1. The total liability of Matt Sleeps is limited to compensation for damage up to a maximum of the invoice amount of our agreement. Under no circumstances will the total compensation for damage exceed the amount to be paid out by our liability insurance.
    2. Our liability is not limited for damage resulting from intent or willful recklessness on our part.
    3. A condition for the existence of any right to compensation is always that you report the damage to us in Writing as soon as possible after it has arisen. Any claim for compensation against us lapses by the mere lapse of 12 (twelve) months after the claim has arisen.
    4. We are not liable for damage caused by auxiliary persons as referred to in art. 6:76 BW.
    5. We are not liable for damage, of whatever nature, that has arisen because we have based on incorrect and/or incomplete information provided by you.
    6. We are not liable for damage, of whatever nature, caused by the actions of installers on site, except in the case of intent or recklessness.

  • Article 11 – Force majeure
    1. It may be that something happens that is beyond our control. For example, this could be a pandemic. But also, for example, strikes, traffic jams, non-performance by suppliers or other third parties, power failures or other failures of a technical nature, breakdowns on the road, absenteeism due to illness and incapacity for work. No matter how hard we work, in such a case we unfortunately can’t keep our promises. We assume your understanding. In such a case it is therefore not possible to claim compensation.
    2. When such a situation arises, we will do our very best to deliver as quickly as possible. Is there still force majeure after 30 days? Then we may both terminate the agreement. In that case it is not possible to get compensation for any damage. We do have the right to be paid for the costs, hours and investments already made.

  • Article 12 – Warranty
    1. We guarantee that our products comply with our agreement. You can expect that our products meet the stated specifications, the reasonable requirements of reliability and usability and the legal provisions and/or government regulations existing on the date of the conclusion of our agreement. We therefore provide a warranty on (parts of) our products.
    2. The guarantee lapses in case:
      1. You have repaired and/or modified the delivered products by yourself, or have had them repaired and/or processed by Third Parties.
      2. You have not had the box spring or loft bed installed by one of our installers.
      3. You have not used the products normally. For example, if you have exposed the delivered products to abnormal conditions or have handled them carelessly in any other way. This is in in particular the case if the delivered products have been treated in conflict with the instructions of Matt Sleeps and/or in accordance with the instructions on the packaging;
      4. The defectiveness is wholly or partly the result of regulations that the government has made or will make with regard to the nature or quality of the materials used.
      5. The defectiveness consists of spots, tears or holes that have been created by your own doing.
    3. The warranty for mattresses applies for a term of 10 (ten) years. This does not apply to our warranty:
      1. A Matt not purchased through our official sales channels.
      2. Comfort preferences that fall outside the 120-day trial period.
      3. Mold formation is caused by a damp room or floor. The mattress has excellent ventilation thanks to its open cell structure, but it cannot withstand a damp floor or room.
      4. Deviation of up to 2 cm in length and width from the original measurements. This applies to all our sleeping products such as beds, toppers and pillows.
      5. Pitting formation up to 2.5 cm (two and a half centimeters). Consult our customer service for how to correctly determine pitting.
    4. The warranty for mattress protectors applies for a term of 1 (one) year and applies to:
      1. Thinning of the fabric or PU coating.
      2. Loosening of the elastics.
      3. Tears or holes in the fabric.
    5. The warranty for toppers applies:
      1. For pitting of more than 2.5 cm (two and a half centimeters) for a period of 2 (two) years.
      2. For manufacturing defects such as tears or holes in the topper, if reported within 30 days.
    6. The warranty for box springs applies:
      1. For manufacturing defects reported on delivery by signing the (digital) form that the installer takes with him during the installation.
      2. For transport damage, if the (digital) form of receipt is not signed.
      3. For discoloration for a term of 3 (three) months.
      4. For spring and frame breakage for a term of 25 (twenty-five) years.
      5. For electric motors for a term of 2 (two) years.
    7. The warranty for loft beds applies:
      1. For manufacturing defects reported on delivery by signing the (digital) form that the installer takes with him during the installation.
      2. For frame breakage of the steel of the frame for a term of 25 (twenty-five) years.
      3. For manufacturing defects of the coating for a period of 5 (five) years. This does not include damage consisting of normal signs of use such as scratches on the surface.
    8. The warranty for pillows applies:
      1. For foam pitting of more than 2.5 cm (two and a half centimetres) for a term of 2 (two) years.
      2. For cracks or tears in the foam under normal use for a term of 2 (two) weeks.
    9. The warranty for covers of pillows, toppers and mattresses applies:
      1. For manufacturing defects in the zipper or in the fabric of the cover.
      2. For defects of zippers and seams for a period of 2 (two) years.
    10. For defects in covers that are covered by the warranty according to the previous paragraph, this only entitles you to a new cover, not to a completely new product.
    11. The warranty periods mentioned in this article start from the moment you (or someone on behalf of you) have received the products.
    12. To invoke the warranty, you must notify us in Writing within the warranty period specified for that product or part. Send a photo and/or video and a description of the complaint to [email protected].
    13. If we also conclude that you are indeed entitled to a warranty, we will decide how we will help you. We may choose to repair or replace your product. This means that you do not always get a new product.

  • Article 13 – Prices
    1. All amounts are in euros and include sales tax (BTW) and other levies imposed by the government unless otherwise indicated or agreed.
    2. A combined quotation does not oblige us to deliver part of the quotation against a corresponding part of the stated amount.
    3. Do we have a discount or promotion? Then it is not the case that you can also use this at a later time. When the discount or promotion period expires, this offer will expire.
    4. Obvious mistakes or obvious errors, such as for example obvious wrong prices shown, are not binding on us. Are you in doubt? Please contact us. If we discover an apparent error in the price of the products ordered by you, we will inform you of this apparently incorrect price and you will be given the choice to continue with your purchase at the correct price or to cancel your purchase and to return the product for free.
    5. It is not possible to combine discount codes. The previous paragraph also applies in case it was accidentally possible for you to combine several discount codes in the Webshop. That was of course not our intention.
    6. We are never obliged to use prices that did not apply at the time you placed the order in the Webshop. If the price for a product in the Webshop has decreased after the time of ordering, you are therefore not entitled to any form of compensation.

  • Article 14 – Payment and invoicing
    1. In the Webshop you can pay with iDeal, credit card, Bancontact, KBC/CBC, Belfius Direct Net, Sofort, PayPal and via In3.
    2. If you choose to pay via In3, you authorize us to transfer our claim against you to In3. In that case, you also give permission that your personal data provided to us will be shared with In3.
    3. Invoices for orders in the Webshop must be paid by you within 14 (fourteen) days after the invoice date, insofar you have not already paid them when placing your order and we have not agreed otherwise together. Or in case you have chosen to pay via In3.
    4. You have the obligation to report inaccuracies in your payment details to us as soon as possible.
    5. If you do not pay in time, we will always let you know beforehand. Then we will give you another 14 (fourteen) days to pay the amount. Does it still not work? We will unfortunately have to transfer the claim to a collection agency. You can always contact us for a payment arrangement.
    6. Is there a (reasonable prospect of) bankruptcy, liquidation or suspension of payments or debt restructuring within the framework of the WSNP (Wet Schuldsanering Natuurlijke Personen)? Then our claims on you and your obligations to us are immediately due and payable.
    7. Payments made by you are primarily intended to pay for interest and costs that you owe us. Are these not there? In that case, the payment applies in the second place to the due and payable invoices that have been outstanding the longest. This also applies if you indicate that the payment is on another invoice.

  • Article 15 – Delivery
    1. We deliver the product ordered by you to the address specified by you. We bear the risk of the product for damage and loss until the moment of delivery.
    2. Unfortunately, box springs and loft beds cannot be delivered on the Wadden Islands.
    3. You must ensure that the products you have purchased fit through the stairwell if the products have to go through it. The dimensions of the products can always be found on the product pages in the Webshop. If you have doubts, you can contact us.
    4. We do our very best to have products delivered within the agreed delivery time. We just cannot guarantee this. The agreed delivery time is always an indication, no rights can be derived from this.
    5. Our products will be delivered by our transport partners. They deliver to the (general) front door on the ground floor. If you live higher up or if you don't have a lift, you should take that into account.
    6. Our mattresses will be delivered in a handy box with handles which makes transport easier.

  • Article 16 – Complaints
    1. Is something not right with the products and is there a defect? Then you must let us know within 2 (two) months after you discover the defect. Is there a visible defect? Then you have to let us know a lot faster, namely within 48 (forty eight) hours. Are you complaining too late? Then you are unfortunately no longer entitled to any compensation and the product is deemed to comply with our agreement.
    2. After you have notified us of the defect, we will immediately get to work for you. In that case, you give us at least the time to resolve the complaint within four weeks.

  • Article 17 – Retention of title
    1. When we deliver something to you, the product always remains our property until the full invoice has been paid as referred to in art. 3:92 BW. This also includes claims in the context of fines, interest and costs.
    2. In the event that permanent non-payment is made, we may take back the product. You must give us, or a Third Party designated by us, every opportunity to do so. Disassembly may also be necessary when returning the product.
    3. As long as you have not yet paid the full invoice, there is a retention of title on the product. In that case, you do not have the right to resell the product or to establish a right to it.
    4. Do you acquire ownership of the goods delivered by us while there is still a retention of title due to access or confusion? Then you are obliged to transfer this property back to us. It is possible that a right of superficies must be established for this. Participation in this is mandatory.
    5. Do third parties seize a product with retention of title from us? Then you must inform us as soon as possible.

  • Article 18 – Applicable law
    1. Our agreement is exclusively governed by Dutch law.
    2. Are you a Consumer to whom another law applies? Then you do not lose the mandatory legal provisions of that foreign law that can protect you as a Consumer.
    3. If, unfortunately, problems arise between us, we will first consult as much as possible to find a solution. Can’t we figure it out together? Then only the Dutch court is authorized to take cognizance of our problems, unless the law gives you more options as a Consumer.
    4. In the event that these general terms and conditions and our agreement contain mutually contradictory terms and conditions, the terms and conditions included in our agreement shall prevail.

  • Article 19 − Survival
    1. The provisions of these general terms and conditions and the agreement that are intended to remain valid after the end of the agreement will remain in full force after the termination of the agreement.

  • Article 20 − Amendment or supplement
    1. We have the right to unilaterally change or supplement these terms and conditions. In that case, we will inform you of the changes or additions.
    2. There will be a minimum of 30 (thirty) days between this notification and the entry into force of the amended or supplemented terms and conditions.
    3. Does the change or addition to the terms and conditions mean that you can no longer conclude a comparable agreement with us than you would before the change or addition? Then you have the right to refuse the amended terms and conditions and to dissolve the agreement if necessary.