General Terms and Conditions
of Beds & Home.
VAT BE 0472 660 115 - RPR Antwerp
General Terms and Conditions for Online Sales
1. Conformity
1.1 The seller Nash Enterprises Bvba (hereinafter: Beds & Home. by The Waterbedcompany) guarantees that the goods delivered to the buyer comply with the sales agreement. This means:
That the goods correspond to their description in the sales agreement, advertising, or labeling and to the characteristics of the models shown to the buyer in the showroom, on the website, or other communication channels.
That the goods are suitable for the purposes for which goods of the same kind are usually intended and for any particular use desired by the buyer, provided this is explicitly stated in the sales agreement.
1.2 The discoloration of wood, textiles, fiber materials, and leather; creasing of leather and fabric; changes in the hardness of seat cushions and mattresses; as well as natural characteristics of wood, such as (wind) cracks, knots, irregularities, growth marks, and the working of wood, provided these discolorations or this working cannot be technically avoided or are generally accepted in the furniture sector, or are inherent to the materials used, are normal characteristics of the sold goods and do not affect their compliance with the sales agreement. These differences may occur both in solid wood, veneer finishes, and lacquered wood, and even in different fronts, for example in a kitchen. Defects in goods known to the buyer at the time of the conclusion of the sales agreement, or defects that the buyer should reasonably have known (e.g., in the sale of discounted and showroom models with price reductions), likewise do not affect their compliance with the sales agreement.
2. Warranty
Beds & Home. by The Waterbedcompany is responsible to the buyer for any lack of conformity that exists at the time of delivery of the goods. If the defect manifests itself within 6 months of delivery, it is presumed that the defect existed at the time of delivery, unless this presumption is incompatible with the nature of the goods or the nature of the defect. If the defect manifests itself from the 7th month to the 2nd year after delivery, the buyer must prove that the defect existed at the time of delivery. The buyer is entitled to free repair or, if this is not possible, replacement with a comparable piece of furniture. The buyer must legally report a defect within 2 months of discovery, but preferably within 5 days, via email at info@bedsandhome.be and before putting the goods into use. An additional order period for replacement parts may not be avoided in this case.
3. Payment and Price
All sales are made at 2020 Antwerp, Boomsesteenweg 486, within the business of Beds & Home. by The Waterbedcompany, and require cash payment unless explicitly agreed otherwise (on the front of the agreement). If the payment of one or more deposits was agreed upon at the time of sale, Beds & Home. by The Waterbedcompany is only obliged to deliver after receipt of these deposits. Payment for the goods must be made in cash before delivery or collection takes place unless an explicit deviation is stated on the order form, less any deposits paid by the buyer.
The quoted price applies only to the items described in writing. Any accompanying photo on the website or other communication channels is for decorative purposes and may contain elements not included in the price. All listed prices are always inclusive of VAT. If the VAT rate changes, this changed rate will be retroactively applied to previously concluded goods that are yet to be picked up or delivered. If transport, reservation, or administrative costs are charged, this will be stated separately. The price valid on the day of purchase on the website or medium is the applicable price. Beds & Home. by The Waterbedcompany is not liable for material errors, typographical errors, or printing errors, both online and offline.
4. Late Payment
In the event of late payment of the price or its balance, interest at the rate of 1% per month will be due by the buyer on the unpaid amount by operation of law and without any prior notice. Additionally, the parties agree that in the case of late payment of the price, the buyer will owe a flat-rate compensation of 12% on the unpaid amount, with a minimum of €185, also by operation of law and without any prior notice.
5. Retention of Title
In deviation from Article 1583 of the Civil Code, the delivered items remain the exclusive property of Beds & Home. by The Waterbedcompany until full payment is made by the customer. The customer undertakes to inform third parties of Beds & Home.’s retention of title, for example, anyone attempting to seize the unpaid items.
In the case of both purchase-sale agreements and contracting agreements (if applicable, including purchases of custom-made items, kitchens, and similar), the risk transfers upon delivery or partial deliveries: a handover is not required in this regard.
The risk of loss, theft, or damage, however, transfers to the buyer when they physically take possession of the goods.
6. Order Modification
By signing, paying the deposit, or full payment of the sales agreement, the sale is final and can no longer be changed. If the buyer wishes to modify goods that have been ordered but not yet delivered, they must request this within 5 working days from the original sales date, and Beds & Home. by The Waterbedcompany must explicitly agree. In such cases, a written amending agreement will be concluded between the parties, and an administrative fee of €67 will always be charged to the buyer. For online purchases, a reflection period of 14 days applies in accordance with Article 10.
7. Collection and Delivery
7.1 From €3000, the first 40 km from Beds & Home. by The Waterbedcompany to the delivery address via the fastest route with the truck is free of transport costs or doorstep delivery (€3 per additional kilometer). A doorstep delivery is a delivery to the delivery address, on the ground floor without stairs, and in the first room (such as an entrance hall or garage), without unpacking or assembly. A ladder lift is always at the buyer’s expense.
The buyer must ensure before the purchase that the door openings, windows, stair openings, and other spaces on-site are sufficiently large to carry out the delivery in a normal manner. Additionally, the buyer is obliged to provide a free available space of 18 meters for the truck, within 10 meters of the delivery address. In the absence of this, any free transport cost or doorstep delivery worth €135 lapses, and the working time for loading and unloading will be charged.
The sales agreement reflects any chosen services related to delivery and assembly, with the hourly rate being €50/hour per person. The actual cost is calculated per 5 minutes.
If Beds & Home. by The Waterbedcompany arrives at the agreed place and date for delivery without being able to deliver due to the buyer’s absence, insufficient or no access provided, or inability to pay, the buyer owes compensation equal to the delivery costs as stated on the front of the sales agreement, with a minimum of €155, increased by the actual time spent on-site by the fitters, at €50/hour per person.
The impossibility of delivery can under no circumstances lead to a free cancellation or modification of the sales agreement. The (delivery) costs required for an additional delivery or delivery attempt are at the buyer’s expense. Beds & Home. by The Waterbedcompany is only obligated to deliver after prior and separate payment of these additional costs.
7.2 If Beds & Home. by The Waterbedcompany needs to make changes to the delivery location when placing the goods, such as drilling holes in walls, these changes are deemed to have been carried out on the buyer’s instructions and under the buyer’s responsibility.
8. Delivery Changes and Storage
8.1 The buyer has the right to request Beds & Home. by The Waterbedcompany to postpone the agreed delivery date up to five working days before the scheduled delivery date. Otherwise, they owe Beds & Home. by The Waterbedcompany a flat-rate compensation of €125 for schedule changes.
8.2 For orders in accordance with the supplier’s usual term, as indicated on the front of the sales agreement, ordered goods - including goods and parts within the meaning of Article 2 - are stored free of charge for up to 3 weeks after the goods arrive. During this period, the buyer must arrange for collection or effective delivery. If a different collection or delivery date was indicated on the sales agreement, this 3-week period starts after the indicated date.
The buyer can obtain a postponement of delivery or collection beyond this period, for which a storage fee of €50 per week must be paid. Beds & Home. by The Waterbedcompany is only obligated to deliver after prior and separate payment of these storage costs.
Additionally, the full purchase price must be paid into the account of Beds & Home. by The Waterbedcompany no later than 3 weeks after the arrival of the goods
After a period of 3 months following the arrival of the goods, and in the event that the buyer does not respond to written requests from Beds & Home. by The Waterbedcompany to fulfill the agreement, Beds & Home. by The Waterbedcompany is entitled to enforce execution or dissolution of the sales agreement, with compensation. Additionally, in accordance with Article 8, the deposit already received will be fully settled as a cancellation fee.
Arrangements other than the aforementioned must be explicitly stated on the front of the original sales agreement.
8.3 If the agreed or scheduled delivery time is extended due to factors beyond the control of Beds & Home. by The Waterbedcompany, such as delays in the supply of goods to Beds & Home. by The Waterbedcompany, this is considered force majeure, and the buyer accepts this possible extension.
9. Unilateral Termination
As long as no goods have been delivered to the buyer and there is no contractual breach, the buyer has the right to unilaterally terminate the sales agreement. If the buyer exercises this right, they must pay Beds & Home. by The Waterbedcompany a termination fee equal to 25% of the total purchase price (furniture and services) for regular furniture, 50% of the purchase price for showroom models and custom-made furniture (e.g., custom cabinets and corner unit setups, sliding walls, kitchens), and 50% of the purchase price for furniture explicitly labeled as “extraordinary furniture” on the front of the sales agreement. In the event of unilateral termination, the deposit already received will be fully settled as a cancellation fee. In cases of misuse by the buyer (e.g., repeated obstruction or postponement of execution or delivery for a period exceeding 3 months after the goods’ arrival), the same cancellation fee applies.
10. Website - Email - Comparable Communication
10.1 The mere use of the website, email, or similar means for orders constitutes acceptance of the general terms and conditions.
When ordering via the website or email, an agreement is concluded at the moment an order confirmation is sent to the customer via email to the email address provided by the buyer. Beds & Home. by The Waterbedcompany and its buyer expressly agree that the use of electronic communication forms constitutes a valid agreement. Specifically, the absence of a physical, digital, or electronically qualified signature does not affect the binding nature of the offer and its acceptance. The customer accepts that electronic communications and backups may serve as evidence.
10.2 The right of withdrawal does not apply to purchases made in the showroom in Antwerp.
For all online purchases (made via the website or similar), a 14-day cooling-off period applies. After the expiration of the 14-day cooling-off period, the purchase agreement becomes final. During the cooling-off period, the buyer is obligated to handle the product and packaging with care. They may only unpack or use the product to the extent necessary to determine whether they wish to keep the product. If the buyer exercises their right of withdrawal, they must return the product, including all delivered accessories and – preferably in its original state and original packaging – to Beds & Home. By The Waterbedcompany, in accordance with the reasonable and clear instructions provided by Beds & Home. By The Waterbedcompany. Mishandling the goods or packaging may result in compensation for the actual damages caused. All returns must be reported in advance to Beds & Home. By The Waterbedcompany and will be confirmed with the issuance of a return number. This notification is preferably made via email to info@bedsanhome.be. The buyer may use the model withdrawal form but is not obligated to do so. Payments already made will be refunded in accordance with WER art VI.50 6§3 after the goods are received by the seller or after the buyer has demonstrated that they have returned the goods (whichever occurs first), less the direct costs of the return shipment.
The cooling-off period does not apply to:
Purchases made by businesses (B2B). The cooling-off period is only valid for individual consumer purchases.
Products or services made to the buyer’s specifications or executed at their request, or which have a personal character, such as items ordered in a non-standard color, size, or composition compared to showroom or website-displayed models. Products assembled by the buyer cannot be returned once assembled. Individual components may be inspected separately, but once combined into a finished product, the item cannot be resold.
Custom-made items suitable only for one customer, such as kitchens, wardrobes, sliding doors, and similar items.
Products that cannot be returned for hygiene and/or health reasons and whose seal has been broken. Regarding mattresses, it will be specifically assessed whether they can be cleaned and resold. Compensation for the depreciation caused by extraordinary use applies.
10.3 Complaints are preferably submitted via email.
11. Privacy
We treat your data as confidential information and will not share it with third parties unless necessary for processing your order or inquiry, all in compliance with applicable laws (including GDPR regulations). You can request, amend, modify, or delete your data at any time.
12. Competent Court
In the event of disputes or disagreements, only the Justice of the Peace of the 1st District in Antwerp or the Court of First Instance Antwerp is competent, depending on the value of the claim, or, where applicable, the Commercial Court of Antwerp.
Beds & Home. by The Waterbedcompany & related companies will have sufficient insurance for bodily and material damage to third parties within the framework of extra-contractual/contractual liability after delivery. However, this is limited to a maximum of €1,250,000, and these insured parties cannot under any circumstances be held liable for a higher amount.
General Terms and Conditions of Store Sales
All invoices must be paid in full once the goods have arrived in our warehouse and explicitly before the goods are delivered or collected from our store.
All goods remain the property of Beds & Home. by The Waterbedcompany until full payment has been made.
Any delay in payment obliges the buyer, by operation of law and without the seller needing to serve formal notice, to pay an interest of 12% per year on the outstanding amount.
If the invoice is not paid on the due date, and in addition to the aforementioned interest, the total principal amount of the invoice will be increased by 10%, with a minimum of €25, as a flat-rate compensation for non-payment of the invoice on the due date, without formal notice being required.
Any disputes fall under the exclusive jurisdiction of the courts of Antwerp.
The delivery and/or execution periods are provided for informational purposes only and are therefore not binding unless explicitly agreed otherwise between the parties. Delays in execution can never give rise to penalties, compensation, or dissolution of the agreement.
Beds & Home. by The Waterbedcompany can only be held liable for manifest factual errors, intentional errors, and gross negligence.
Exchanges of goods under warranty must be collected from the store. If the goods are to be delivered to the customer, this will be subject to a service charge, which will be determined at the discretion of Beds & Home. by The Waterbedcompany.
Beds & Home. by The Waterbedcompany is not responsible if goods cannot be delivered to the customer’s home due to structural circumstances (e.g., spiral staircases, non-opening windows, etc.). If the goods cannot be delivered to the desired location, the customer is responsible for placement and storage. In this case, the goods will remain on-site. Any use of a ladder lift service that arises from this will be at the customer's expense.
Beds & Home. by The Waterbedcompany is under no circumstances liable for loss or damage discovered after delivery.
Defects in goods that the buyer knew or should reasonably have known about at the time of concluding the sales agreement, for example, during the sale of discounted and showroom models with reduced prices, also do not affect their conformity with the sales agreement.
Discoloration of wood, textiles, fibrous materials, and leather; creases in leather and fabrics; and changes in the firmness of seat cushions and mattresses are characteristics considered normal, natural properties of these materials. These changes result from use and the natural properties of the material and are therefore not considered deviations or defects.
Natural characteristics of wood, such as (wind) cracks, knots, deformations, and the working of the wood, are part of the authentic character of this material. These properties are considered inherent to wood and contribute to the unique appearance of each piece. They are therefore not considered defects or deviations from the sales agreement.
Color differences in natural stone, marble, travertine, and similar materials are inherent to the product and cannot be regarded as defects. It should also be noted that small cracks, pits, and irregularities are characteristic of natural stone products. These unique features enhance the aesthetic and authenticity of the material and are therefore not grounds for return or complaint.
Color variations and irregularities in Mortex, concrete wax, and similar products are inherent to the composition and character of these materials. These natural variations are considered part of the unique appearance and are therefore not valid reasons for complaints or returns.
Delivery Terms for Goods
For purchases of €3,000 or more, we offer a one-time free threshold delivery at ground level within a radius of 40 km. If you request a partial delivery of your furniture, the first threshold delivery is free. Subsequent deliveries are subject to a fee.
Threshold delivery prices for purchases under €3,000:
€95 (within a driving distance of 40 km)
For deliveries exceeding a distance of 40 km, an additional €3 per extra kilometer will be charged.
If no suitable parking space is provided within 10 meters, the free threshold delivery will no longer apply, and delivery and working times for loading and unloading will be charged.
Delivery Tip
Request parking prohibition signs from your municipality in advance to ensure the necessary parking space is available for our installers and to allow your delivery to proceed.
Installation
For the installation of goods, we charge €150 (labor and working time included) for a maximum duration of 2 hours. After that, €50 per person per hour will be charged.
Waste Disposal
Would you like us to recycle the packaging of your furniture, paper, and cardboard? That’s possible! For this, we charge a recycling fee calculated based on the amount of packaging material.
Waterbed Processing
Would you like us to take your old waterbed with us? That’s also possible! We charge a recycling fee of €100 for this service.
Storage Costs
If the purchased goods are not delivered to the customer or collected by the customer within three weeks after they have arrived at our warehouse and the customer has been notified, a storage fee of €50 per week will be charged.