Terms and Conditions
Terms and Conditions
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 the event 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 - Van der Valk Giftcard
Article 13 - Complaints procedure
Article 14 - Disputes
Article 15 - 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 the right of withdrawal;
- Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a Distance Agreement with the Entrepreneur;
- Day: calendar day;
- Giftcard: a prepaid card that can be used at all Van der Valk hotels for an overnight stay, breakfast, lunch, or dinner;
- Right of withdrawal: the option for the Consumer to withdraw from the Agreement within the Cooling-off period;
- Entrepreneur: the natural or legal person who offers products to Consumers at a distance;
- Agreement: an arrangement between the Entrepreneur and the Consumer for the delivery of products, concluded by the Consumer’s acceptance of an offer, whether or not by electronic means, under which mutual rights and obligations arise;
- Terms and Conditions: these general terms and conditions of the Entrepreneur.
Article 2 - Identity of the entrepreneur
Valk Store
Stationsweg 91
3621 LK, Breukelen
Note: Not for returns and not a visiting address
E-mail: support@valkstore.nl
Telephone number: 088-0246333
Available Monday to Friday between 09:00 - 17:00.
Bank account number: NL 93 RABO 0133 0951 85
CoC number: 20114972
VAT number: NL813249624B01
Article 3 - Applicability
- These Terms and Conditions apply to every offer from the Entrepreneur and to every Agreement concluded between the Entrepreneur and the Consumer.
- Before the Agreement is concluded, the text of these Terms and Conditions will be made available to the Consumer electronically in such a way that the Consumer can easily view and save it.
- If, in addition to these Terms and Conditions, specific product conditions also apply, paragraph 2 applies accordingly, and in the event of conflicting general terms, the Consumer may always invoke the applicable provision that is most favorable to them.
- If one or more provisions in these Terms and Conditions are at any time wholly or partially null and void or annulled, the Agreement and these Terms and Conditions will otherwise remain in force, and the relevant provision will be replaced without delay by mutual agreement with a provision that approximates the intent of the original as closely as possible.
- Situations not covered by these Terms and Conditions must be assessed ‘in the spirit’ of these Terms and Conditions.
- Ambiguities regarding the interpretation or content of one or more provisions of our Terms and Conditions must be interpreted ‘in the spirit’ of these Terms and Conditions.
Article 4 - The offer
- If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
- The offer is without obligation. The Entrepreneur is entitled to change and adjust the offer.
- The offer contains a complete and accurate description of the products offered. The description is sufficiently detailed to enable a proper assessment of the offer by the Consumer. If the Entrepreneur uses images, these are a true representation of the products offered. The Entrepreneur cannot guarantee that the colors displayed exactly match the actual colors of the products, and obvious mistakes or obvious errors in the offer do not bind the Entrepreneur.
- All images, specifications, and data in the offer are indicative and cannot be grounds for compensation or dissolution of the agreement.
Article 5 - The Agreement
- Subject to the provisions of paragraph 4, the Agreement is concluded at the moment the Consumer accepts the offer and meets the corresponding conditions.
- If the Consumer has accepted the offer electronically, the Entrepreneur will promptly confirm receipt of the acceptance of the offer by e-mail. As long as receipt of this acceptance has not been confirmed by the Entrepreneur, the Consumer may dissolve the agreement by e-mail via support@valkstore.nl .
- If the Agreement is concluded electronically, the Entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. For electronic payments by the Consumer, the Entrepreneur will also observe appropriate security measures.
- The Entrepreneur may, within legal frameworks, verify whether the Consumer can meet their payment obligations, as well as all those facts and factors relevant for a responsible conclusion of the distance agreement. If, based on this investigation, the Entrepreneur has good grounds for not entering into the agreement, the Entrepreneur is entitled to refuse an order or application with reasons, or to attach special conditions to its execution.
- In the electronic confirmation of the Agreement by e-mail to the Consumer, the Entrepreneur will include the following information:
- the Entrepreneur’s e-mail address where the Consumer can submit questions and complaints;
- information on the conditions under which and the manner in which the Consumer can exercise the Right of withdrawal and warranties after purchase;
- Every Agreement is concluded subject to the suspensive condition of sufficient availability of the relevant products.
Article 6 - Right of withdrawal
- When purchasing products, the Consumer has a Cooling-off period of 14 Days. The Cooling-off period starts on the Day after the Consumer, or a representative designated in advance by the Consumer and notified to the Entrepreneur, receives the product.
- During the Cooling-off period, the Consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to determine whether they wish to keep it. If they exercise their Right of withdrawal, they will return the product with all supplied accessories and—if reasonably possible—in the original condition and packaging to the Entrepreneur, in accordance with the reasonable and clear instructions provided by the Entrepreneur.
- When the Consumer wishes to exercise the Right of withdrawal, they are required to notify the Entrepreneur within 14 Days after receiving the product by e-mail via support@valkstore.nl . After the Consumer has indicated they wish to exercise the Right of withdrawal and received the relevant instructions, the customer must return the product within 14 Days. The Consumer must prove that the delivered goods were returned on time, for example by means of proof of shipment.
- If, after expiry of the terms referred to in paragraphs 2 and 3, the customer has not indicated that they wish to exercise the Right of withdrawal and/or has not returned the product to the Entrepreneur, the purchase is a fact.
Article 7 - Costs in the event of withdrawal
- If the Consumer exercises the Right of withdrawal, the return shipping costs are at most for their account.
- If the Consumer has paid an amount, the Entrepreneur will refund this amount as soon as possible, but no later than 14 Days after withdrawal. This is conditional on the product having already been received back by the online retailer or conclusive proof of complete return being provided. Refunds will be made via the same payment method used by the Consumer unless the Consumer expressly authorizes a different payment method.
- In the event of damage to the product due to careless handling by the Consumer, the Consumer is liable for any depreciation of the product. Cleaning costs fall under this depreciation if the returned product, due to use or careless handling, requires cleaning to be resold. These costs will be communicated to the Consumer with substantiation.
Article 8 - Exclusion of the Right of Withdrawal
The Entrepreneur excludes the Consumer’s Right of withdrawal for products that are manufactured according to the Consumer’s specifications. This in any case applies to beds and mattresses, toppers, and back panels purchased in combination with a bed, as well as mattresses and toppers in sizes deviating from the standard range.
Article 9 - The price
- During the validity period specified for a special promotion in the offer, the prices of the products offered will not be increased, except for price changes due to changes in VAT rates.
- The prices stated in the offer of products include VAT.
- All prices are subject to printing and typographical errors. The Entrepreneur is not liable for the consequences of printing and typographical errors and is not obliged to deliver the product at the incorrect price.
Article 10 - Conformity and Warranty
- The Entrepreneur warrants that the products comply with the Agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations existing on the date the Agreement is concluded.
- Any defects or incorrectly delivered products must be reported by the Consumer to the Entrepreneur within 2 months of delivery by e-mail via support@valkstore.nl . Products must be returned in the original packaging and in new condition.
- The warranty period provided by the Entrepreneur corresponds to the factory warranty period. However, the Entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the Consumer, nor for any advice regarding the use or application of the products.
- The warranty does not apply if:
· The Consumer has repaired and/or processed the delivered products themselves or had them repaired and/or processed by third parties;
· The delivered products have been exposed to abnormal conditions or are otherwise handled carelessly or treated contrary to the instructions of the Entrepreneur and/or as stated on the packaging;
· The defect is wholly or partly the result of regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.
Article 11 - Delivery and execution
- The Entrepreneur will exercise the greatest possible care when receiving and executing orders for products.
- The place of delivery is the address that the Consumer has provided to the Entrepreneur, unless delivery takes place on the Wadden Islands. In that case, the depot designated by the Entrepreneur on the mainland is considered the place of delivery.
- Subject to paragraph 4 of this article, the Entrepreneur will deliver accepted orders within 5 working days. For beds and bed components such as mattresses and toppers, an average delivery time of 3-8 weeks applies. If delivery is delayed, or if an order cannot be executed or can only be partially executed (in the case of custom work, it may occur that one of the products is not in stock or not deliverable), the Consumer will be notified of this by the Entrepreneur as soon as possible.
- All delivery times are indicative. The Consumer cannot derive rights from any stated terms. Exceeding a term does not entitle the Consumer to compensation.
- If delivery of an ordered product proves impossible, the Entrepreneur will make efforts, in consultation with the Consumer, to make a replacement item available and notify the Consumer of this as soon as possible. If that proves not possible, the Entrepreneur also has the right to refund the amount paid by the Consumer.
- The risk of damage to and/or loss of products rests with the Entrepreneur until the moment of delivery to the Consumer or a representative designated in advance and notified to the Entrepreneur, unless expressly agreed otherwise.
Article 12 – Van der Valk Giftcard
- These provisions apply to the purchase and use of Van der Valk Giftcards, both physical and digital.
- Giftcards are available in pre-determined amounts.
- The validity period is 5 years from the date of issue, unless stated otherwise.
- Only giftcards purchased through official Van der Valk channels (Van der Valk Hotels, valkstore.nl and valkgiftcard.com) and are valid. Entrepreneur reserves the right to block giftcards obtained through unauthorized sellers. PLEASE NOTE: there are indeed uncovered giftcards offered through other channels.
- Giftcards are not redeemable for cash and no interest is paid on the balance.
- Giftcards can be used for payments at all Van der Valk and/or online.
- The balance can be spent in parts. The remaining balance remains available until the expiry date.
- Giftcards cannot be used to purchase other giftcards.
- In the event of loss, theft, or unauthorized use of a giftcard, the Entrepreneur is not liable for damage or replacement.
- The Entrepreneur reserves the right to block giftcards if fraud, misuse, or technical manipulation is suspected.
- Giftcards obtained through fraudulent transactions (such as stolen credit cards) will be declared invalid.
- When purchasing a giftcard via valkstore.nl or valkgiftcard.com the Consumer has the right to withdraw from the purchase within 14 Days, provided the giftcard has not yet been used.
- Digital giftcards that are delivered immediately and whose use has commenced are excluded from the Right of withdrawal.
- Entrepreneur is not liable for damage resulting from the inability to use a giftcard due to technical malfunctions, loss, or theft.
- Entrepreneur is not responsible for the use of giftcards with third parties.
Article 13 - Complaints procedure
- Complaints about the execution of the Agreement must be submitted to the Entrepreneur within 14 Days after discovery, fully and clearly described, by e-mail via support@valkstore.nl.
- Complaints submitted to the Entrepreneur will be answered within a period of 14 Days from the date of receipt. If a complaint requires a foreseeably longer processing time, the Entrepreneur will respond within the 14 Days with a notice of receipt and an indication of when the Consumer can expect a more detailed answer.
- If a complaint is found to be justified by the Entrepreneur, the Entrepreneur will, at its discretion, replace or repair the delivered products free of charge or refund the amount paid by the Consumer.
- If a complaint cannot be resolved by mutual agreement, the Consumer is free to submit the complaint to a competent court.
- The Entrepreneur is not affiliated with a recognized disputes committee and therefore cannot offer binding alternative dispute resolution. The Entrepreneur is open to mediation via an independent third party if both parties agree.
Article 14 - Disputes
- Agreements to which these Terms and Conditions apply are governed exclusively by Dutch law, even if the Consumer resides abroad.
- Disputes will be submitted to the competent court in the Netherlands, without prejudice to the consumer’s right to initiate proceedings before the court of the country where the consumer resides.
- The Vienna Sales Convention is expressly excluded.
Article 15 - Additional or deviating provisions
- Additional provisions or provisions deviating from these Terms and Conditions must be recorded in writing.
- The Entrepreneur reserves the right to amend the Terms and Conditions. The applicable version is always available via valkstore.nl and valkgiftcard.com
Click here to download the Terms and Conditions of Valk Store in PDF.