Terms and Conditions

ARTICLE 1 – DEFINITIONS

In these terms and conditions, the following definitions apply:

Cooling-off period: the period within which the consumer may exercise their right of withdrawal.

Consumer: the natural person who does not act for purposes related to their trade, business, craft or professional activity, and who enters into a distance contract with the merchant.

Day: calendar day.

Ongoing transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time.

Durable medium: any means that enables the consumer or merchant to store information addressed to them personally in a way that allows future consultation and unaltered reproduction.

Right of withdrawal: the consumer's right to cancel the distance contract within the cooling-off period.

Merchant: the natural or legal person who offers products and/or services remotely to consumers.

Distance contract: a contract concluded within the framework of a system organized by the merchant for the remote sale of products and/or services, in which exclusive use is made of one or more means of distance communication up to and including the conclusion of the contract.

Means of distance communication: a means that can be used to conclude a contract without the consumer and merchant being simultaneously present in the same location.

General terms and conditions: the present general terms and conditions of the merchant.

ARTICLE 2 – APPLICABILITY

These general terms and conditions apply to every offer made by the merchant and to every distance contract concluded between the merchant and the consumer, as well as to any order resulting therefrom.

Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the contract is concluded where the general terms and conditions can be inspected and that they will be sent free of charge as soon as possible upon the consumer's request.

If the distance contract is concluded electronically, the text of these general terms and conditions may, in deviation from the previous paragraph, be made available to the consumer electronically before the conclusion of the contract in such a way that it can be easily stored on a durable medium. If this is not reasonably possible, it will be indicated before the contract is concluded where the general terms and conditions can be accessed electronically and that they will be sent free of charge electronically or otherwise upon the consumer's request.

In the event that specific product or service conditions also apply in addition to these general terms and conditions, paragraphs 2 and 3 apply accordingly; in case of conflicts, the consumer may always invoke the provision most favorable to them.

If one or more provisions in these general terms and conditions are wholly or partially null and void or annulled, the remaining provisions remain in force; the affected provision will be replaced without delay by mutual agreement with a provision that approximates the original intent as closely as possible.

Situations not covered by these general terms and conditions shall be assessed "in the spirit" of these terms and conditions. Ambiguities regarding the interpretation or content of one or more provisions shall be construed "in the spirit" of these terms and conditions.

ARTICLE 3 – 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 non-binding. The merchant is entitled to amend or adjust the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the merchant uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or errors in the offer are not binding on the merchant.

All images and specifications in the offer are indicative and do not give rise to any compensation or dissolution of the contract. Product images are a truthful representation, but the merchant cannot guarantee that displayed colors exactly match the actual product colors.

Each offer contains information that makes clear to the consumer what rights and obligations are attached to accepting the offer, in particular:

the price, exclusive of import duties and VAT on importation. These additional costs are borne by the customer. The postal and/or courier service may apply the special arrangement for postal and courier services in relation to importation. This applies when goods are imported into the country of destination within the EU, which is the case here. The postal and/or courier service collects VAT (and any applicable import duties) from the recipient.
any shipping costs;
the manner in which the contract is formed and what actions are required for this;
whether or not a right of withdrawal exists;
the method of payment, delivery and performance of the contract;
the deadline for accepting the offer, or the period within which the merchant guarantees the price;
the level of any tariffs for the use of means of distance communication, if calculated on a basis other than the basic rate of the communication means used;
whether the contract will be archived after its conclusion and, if so, how it can be accessed by the consumer;
the way in which the consumer can check and, if desired, correct the data provided in connection with the contract before concluding the contract;
any other languages in which the contract can be concluded in addition to English;
codes of conduct to which the merchant is subject and the manner in which the consumer can consult these electronically;
the minimum duration of the distance contract in the case of an ongoing transaction.

Optional: available sizes, colors, materials.

ARTICLE 4 – THE CONTRACT

Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and meets the conditions set therein.

If the consumer has accepted the offer electronically, the merchant will promptly confirm receipt of the acceptance electronically. As long as this confirmation has not been sent, the consumer may cancel the contract.

If the contract is concluded electronically, the merchant will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the merchant will take appropriate security measures.

The merchant may, within the legal framework, investigate whether the consumer can meet their payment obligations, as well as all circumstances that are relevant to responsibly entering into the distance contract. If the merchant has good grounds based on this investigation not to enter into the contract, they are entitled to refuse an order or request with reasons, or to attach special conditions to its performance.

The merchant will send the following information to the consumer with the product or service – in writing or in such a way that it can be stored by the consumer on a durable medium in an accessible manner:

the visiting address of the merchant's establishment where the consumer can go with complaints;
the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
information about warranties and existing after-sales service;
the data referred to in Article 4 paragraph 3, unless the merchant has already provided this information to the consumer before the performance of the contract;
the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.

In the case of an ongoing transaction, the provision in the previous paragraph applies only to the first delivery.

Every contract is entered into subject to the suspensive condition of sufficient availability of the relevant products.

ARTICLE 5 – RIGHT OF WITHDRAWAL

Upon purchase of products, the consumer has the option to cancel the contract within 14 days without giving reasons. This cooling-off period begins on the day after the consumer or a representative designated by the consumer and made known to the merchant receives the product.

During the cooling-off period, the consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep it. If they exercise their right of withdrawal, they will return the product with all delivered accessories and – if reasonably possible – in its original condition and packaging to the merchant, in accordance with the reasonable and clear instructions provided by the merchant.

The consumer is required to notify the merchant of the exercise of the right of withdrawal within 14 days of receiving the product (in writing/by email). After notifying the exercise of the right of withdrawal, the consumer returns the product within 14 days. The consumer must demonstrate that the delivered goods were returned in a timely manner (for example, by means of proof of shipment).

If the consumer has not notified the merchant of the right of withdrawal within the period referred to in paragraphs 2 and 3, or has not returned the goods in a timely manner, the purchase is considered final.

ARTICLE 6 – COSTS UPON WITHDRAWAL

If the consumer exercises their right of withdrawal, the costs of returning the products are borne by the consumer.

If the consumer has made a payment, the merchant will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that the product has already been received by the merchant, or that conclusive proof of complete return shipment can be provided.

ARTICLE 7 – EXCLUSION OF THE RIGHT OF WITHDRAWAL

The merchant may exclude the consumer's right of withdrawal for the products described in paragraphs 2 and 3. The exclusion only applies if the merchant has clearly stated this in the offer, or at least in a timely manner before concluding the contract.

Exclusion of the right of withdrawal is only possible for products:

that have been manufactured by the merchant according to the consumer's specifications;
that are clearly of a personal nature;
that cannot be returned by their nature;
that can spoil or age quickly;
whose price is subject to fluctuations in the financial market over which the merchant has no influence;
for individual newspapers and magazines;
for audio and video recordings and computer software of which the consumer has broken the seal;
for hygiene products of which the consumer has broken the seal.

Exclusion of the right of withdrawal is only possible for services:

concerning accommodation, transport, restaurant services or leisure activities to be performed on a specific date or during a specific period;
of which the delivery has begun with the consumer's express consent before the cooling-off period has expired;
concerning bets and lotteries.

ARTICLE 8 – PRICE

The merchant reserves the right to change the prices of the products and/or services stated in the offer during the offer period, including as a result of changes in VAT rates.

In deviation from the previous paragraph, the merchant may offer products or services whose prices are subject to fluctuations in the financial market over which the merchant has no influence, at variable prices. This dependence on fluctuations and the fact that any stated prices are indicative prices will be stated in the offer.

Price increases within 3 months of the conclusion of the contract are only permitted if they result from statutory regulations.

Price increases from 3 months after the conclusion of the contract are only permitted if the merchant has stipulated this and:

these result from statutory regulations; or
the consumer has the right to cancel the contract with effect from the day on which the price increase takes effect.

The place of delivery is determined in accordance with applicable tax law and is where shipment begins. In this case, delivery takes place outside the EU. As a result, the postal or courier service collects import VAT and/or import duties from the recipient. The merchant therefore does not charge VAT.

All prices are subject to typographical and printing errors. No liability is accepted for the consequences thereof; the merchant is not obliged to deliver products at the incorrect price.

ARTICLE 9 – CONFORMITY AND WARRANTY

The merchant guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations existing at the date of the conclusion of the contract. If agreed, the merchant also guarantees that the product is suitable for other than normal use.

A warranty provided by the merchant, manufacturer or importer does not affect the statutory rights and claims that the consumer can assert against the merchant on the basis of the contract.

Any defects or incorrectly delivered products must be reported to the merchant in writing within 14 days of delivery. The return of products must be made in the original packaging and in new condition.

The merchant's warranty period corresponds to the manufacturer's warranty period. However, the merchant is never liable 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 lapses 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 have otherwise been handled carelessly or contrary to the merchant's instructions and/or have been treated contrary to the instructions on the packaging;
the defect is wholly or partially the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used.

ARTICLE 10 – DELIVERY AND PERFORMANCE

The merchant will exercise the greatest possible care when receiving and executing orders for products.

The place of delivery is the address that the consumer has made known to the merchant.

Subject to what is stated in Article 4 of these general terms and conditions, the merchant will execute accepted orders promptly but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be notified no later than 30 days after placing the order. In that case, the consumer has the right to cancel the contract free of charge and the right to any compensation.

In the event of cancellation in accordance with the previous paragraph, the merchant will refund the amount paid by the consumer as soon as possible, but no later than 14 days after cancellation.

If delivery of an ordered product proves impossible, the merchant will make an effort to make a replacement article available. No later than at the time of delivery, it will be clearly and understandably communicated that a replacement article is being delivered. The right of withdrawal cannot be excluded for replacement articles. The costs of any return shipment of the replacement article are borne by the merchant.

The risk of damage and/or loss of products rests with the merchant until the moment of delivery to the consumer or a previously designated representative made known to the merchant, unless expressly agreed otherwise.

ARTICLE 11 – IDENTITY OF THE MERCHANT

Company name: MW Collective Chamber of Commerce / company number: 98160184 Customer service email: info@tryrestup.com Business address: Bredasingel 60, 6843RE Arnhem, The Netherlands

ARTICLE 12 – ONGOING TRANSACTIONS: DURATION, CANCELLATION AND RENEWAL

Cancellation

The consumer may cancel a contract entered into for an indefinite period and which relates to the regular delivery of products (including electricity) or services at any time, subject to the agreed cancellation rules and a notice period of no more than one month.

The consumer may cancel a contract entered into for a definite period and which relates to the regular delivery of products (including electricity) or services at any time before the end of the definite period, subject to the agreed cancellation rules and a notice period of no more than one month.

The consumer may cancel the contracts referred to in the previous paragraphs:

at any time and not be restricted to cancellation at a specific time or during a specific period;
at least in the same manner as they were entered into;
always with the same notice period that the merchant has stipulated for themselves.

Renewal

A contract entered into for a definite period and which relates to the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a definite period.

In deviation from the previous paragraph, a contract entered into for a definite period and which relates to the regular delivery of daily, news and weekly newspapers and magazines may be tacitly renewed for a definite period of no more than three months, if the consumer can cancel the renewed contract before the end of the renewal with a notice period of no more than one month.

A contract entered into for a definite period and which relates to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month; if the contract relates to the regular but less than monthly delivery of daily, news and weekly newspapers and magazines, the notice period is no more than three months.

A contract with a limited duration for the regular introductory delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.

Duration

If a contract has a duration of more than one year, the consumer may cancel the contract at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose cancellation before the end of the agreed duration.

ARTICLE 13 – PAYMENT

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period referred to in Article 6 paragraph 1. In the case of a contract for the provision of a service, this period begins after the consumer has received the confirmation of the contract.

The consumer has the obligation to promptly notify the merchant of any inaccuracies in payment details provided or stated.

In the event of the consumer's default, the merchant has the right, subject to legal limitations, to charge the reasonable costs made known to the consumer in advance.

ARTICLE 14 – COMPLAINTS PROCEDURE

Complaints about the performance of the contract must be submitted to the merchant fully and clearly described within 7 days of discovering the defect.

Complaints submitted to the merchant will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the merchant will reply within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.

If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.

A complaint does not suspend the merchant's obligations, unless the merchant indicates otherwise in writing.

If a complaint is found to be justified by the merchant, the merchant will, at its discretion, replace or repair the delivered products free of charge.

ARTICLE 15 – DISPUTES

Contracts between the merchant and the consumer to which these general terms and conditions apply are governed exclusively by the laws of the Netherlands, even if the consumer resides abroad.

ARTICLE 16 – PERSONAL DATA

For the submission of personal data through the webshop, our privacy statement applies. This can be viewed in our privacy policy.

ARTICLE 17 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information on our website or in the service may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, prices, promotions, offers, shipping costs, processing times and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or to cancel orders if any information in the service or on a related website is inaccurate (including after an order has been placed).

We are not obliged to update, change or clarify information in the service or on a related website, including but not limited to pricing information, except as required by law. The specification of an update or refresh date in the service or on a related website does not indicate that all information in the service or on a related website has been modified or updated.

ARTICLE 18 – CHANGES TO THE TERMS OF USE

The most current version of the terms of use can be consulted at any time on this page.

We reserve the right to update, change or replace any part of these terms of use at our discretion by posting updates and changes on our website.

It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the service following the posting of any changes to these terms of use constitutes acceptance of those changes.

ARTICLE 19 – CESOP

Due to the tightened measures since 2024 regarding the "Amendment of the Turnover Tax Act 1968 (implementation of the directive for payment service providers)" and the implementation of the Central Electronic System of Payment Information (CESOP), payment service providers may record data in the European CESOP system.

ARTICLE 20 – CHAMOMILE ADDITION

RestUp is not liable for allergic reactions resulting from a known allergy to chamomile or related plants. If in doubt, we recommend consulting a physician in advance. Customer satisfaction is very important to us. Do you have questions or are you experiencing a reaction? Our team is always ready to assist and find an appropriate solution.

ARTICLE 21 – IMPORTANT NOTICE & DISCLAIMER

Use of the nasal strips is at your own risk. RestUp cannot be held liable for damage or complaints arising from improper use or disregarding warnings.

RestUp is a supportive aid that can help you breathe more freely and reduce snoring. It is not a medical device and does not replace medical advice or treatment. If in doubt, always consult your physician.

✅ CE marked – complies with applicable European directives.

ARTICLE 22 – APPLICATION AND SKIN REACTIONS

RestUp has been carefully developed to support your breathing and sleep in a natural and safe way. Our strips are hypoallergenic and tested for skin compatibility. However, every skin type reacts differently, especially sensitive skin types or in the case of improper use.

In some cases, redness, irritation or minor skin damage on the nasal bridge may occur. We take this seriously and we are sorry if this happens. As a preventive measure, we recommend:

Apply the strip to clean, dry, grease-free skin
Press the strip gently, do not slide or pull
Remove the strip slowly and carefully, preferably after moistening the skin (e.g. after showering)

Do you have complaints or skin issues? Please report them via info@tryrestup.com. We are open to discussion, are here to help and learn from every experience.

ARTICLE 23 – SPECIAL RETURN POLICY FOR RESTUP

A different return policy applies to the RestUp product. Instead of the standard right of withdrawal, we offer a 30-night trial period. We believe in the effectiveness of the product, but understand that the body needs time to adjust. Therefore, the product may be used for 30 nights.

How it works:

The customer may test the product for 30 nights.
Return requests can only be submitted during this trial period.
For questions during the trial period, please contact our customer service. Many customers report that the body needs a few days to adjust and that improvements become noticeable after that. We are happy to support you with this.

Return conditions:

Return shipping costs are borne by the customer.
Remaining strips/packaging must be returned complete, unused and undamaged.
The customer completes a short questionnaire about the product experience (to improve the product).
Return requests must be submitted in advance by email to info@tryrestup.com. Returns without prior arrangement will not be accepted.

Important: Our customer service team is happy to assist, but does expect the full trial period to be respected. We offer a fair guarantee and ask for mutual understanding.