Terms and Conditions

Zelesta — Ecom Nomad B.V. | Amersfoortsestraat 65, 3769 AE Soesterberg | KVK: 83117083
Last updated: 1 June 2025

Article 1 – Definitions

Offer: Any offer made by Zelesta to potential customers.
Business: A customer acting in the course of a profession or business.
Consumer: A natural person acting outside a professional or business capacity.
Customer: Any person or entity that enters into an agreement with Zelesta.
Agreement: The distance sales contract between Zelesta and the customer.
Products: The goods offered and delivered by Zelesta.
Seller: Zelesta (Ecom Nomad B.V.).

Article 2 – Applicability

These terms apply to all offers and agreements between Zelesta and its customers. Customers are given access to these terms before concluding a distance sales agreement. Any deviation requires explicit written agreement. These terms supersede any general conditions of the customer.

Article 3 – The Offer

All offers by Zelesta are non-binding unless explicitly stated otherwise in writing. Offers become binding only upon written customer acceptance within 14 days, or upon payment. Offers contain detailed product descriptions. Delivery times are indicative. Images are approximate. Offers are valid while supplies last.

Article 4 – Formation of Agreement

An agreement is formed when the customer accepts an offer by completing payment. Zelesta confirms agreements by email.

Article 5 – Performance

Zelesta performs agreements in good faith. Customers must provide necessary information in a timely manner. Zelesta may suspend performance if required data is not provided and may require security or prepayment.

Article 6 – Delivery

Delivery is ex-works from Zelesta's warehouse unless otherwise agreed. Delivery delays caused by customer non-compliance do not entitle the customer to compensation. Customers must accept goods when offered. Zelesta may store refused goods at the customer's expense and risk.

Article 7 – Packaging and Transport

Zelesta packages goods appropriately for safe delivery. Delivered prices include VAT, packaging, and materials unless otherwise agreed. Goods accepted without notation on shipping documents are deemed properly packaged upon delivery.

Article 8 – Import and Export Restrictions

Customers are responsible for compliance with applicable import/export laws. Zelesta is indemnified from any damages resulting from customer non-compliance.

Article 9 – Inspection and Complaints

Business customers cannot return products without prior agreement. Consumers must inspect goods within 30 days of delivery. Visible defects must be reported within 30 days; hidden defects within 6 months of delivery.

Article 10 – Prices

Prices during the offer validity period will not increase except for changes in VAT rates. Quoted prices include VAT unless stated otherwise.

Article 11 – Payment and Collection Policy

Payment must be made in advance via the specified methods. Late payment triggers statutory interest and collection costs. Consumers will receive a 14-day payment notice before additional charges apply.

Article 12 – Retention of Title

Delivered goods remain Zelesta's property until full payment is received. Customers cannot pledge goods while ownership is retained by Zelesta.

Article 13 – Warranty

Products meet their specifications and all applicable laws at the time of delivery.

30-Day Sleep Guarantee: Applies to duvets and pillows. After testing for a minimum of 14 nights, you may claim a full refund or select an alternative product within 30 days of delivery. The guarantee is valid for one product per address and requires return in the original packaging. Non-transferable and single-use only.

Article 14 – Product Usage Instructions

Customers must follow Zelesta's care and usage instructions. Self-repairs or improper use voids the warranty.

Article 15 – Suspension and Termination

Zelesta may suspend or terminate agreements if customers fail to meet payment obligations or if performance becomes impossible due to circumstances beyond Zelesta's control.

Article 16 – Limitation of Liability

Zelesta's liability is limited to the amount charged under the relevant agreement, except where damage results from intent or gross negligence. Zelesta is not liable for indirect, consequential, or lost-profit damages, or for damage caused by improper use. Customer claims expire one year after the agreement has ended.

Article 17 – Force Majeure

Zelesta is not liable for failure to perform due to circumstances beyond its control, including supplier failures, government measures, strikes, cybercrime, or natural disasters. If force majeure lasts more than two months, either party may suspend its obligations.

Article 18 – Risk Transfer

Risk transfers to business customers when goods leave Zelesta's warehouse. Risk transfers to consumer customers upon delivery to their address.

Article 19 – Intellectual Property Rights

All intellectual property rights belong exclusively to Zelesta. Customers may not reproduce, modify, or distribute materials without prior written permission.

Article 20 – Privacy, Data Processing, and Security

Zelesta handles customer data in accordance with applicable privacy laws. Please refer to our Privacy Policy for full details.

Article 21 – Complaints

Complaints must be submitted in writing within 14 days of the issue arising, with subject line Complaint. Zelesta will respond within 14 calendar days.

Article 22 – Applicable Law

Dutch law governs all agreements. The Vienna Convention (CISG) is expressly excluded. Disputes are resolved by the competent court of Rechtbank Midden-Nederland.