Standard Terms of Business

  1. IDENTIFICATION OF THE SELLER

The entity with which the Customer is contracting is ORIGINBEDS S.L., with registered office at Calle Pozuelo de Zarzón nº4, 28005, Madrid, with tax identification number B-87903746, registered at the Commercial Registry of Madrid, on page 155 of volume 36,355, sheet number M-63194, (“HOGO”), and its corporate purpose is retail trade in its proprietary sleep systems.

Customers may contact HOGO through the following communication channels: 

  1. Telephone: 917 55 88 29 during business hours from 9:00 am to 6:00 pm (GMT+2). 
  2. By post: Calle Pozuelo de Zarzón nº 4, 28005, Madrid. 
  3. Email: hello@hogosystem.com. 

 

  1. PURPOSE

These standard terms of business (the “Standard Terms“) regulate the contracting of the products and services offered by HOGO at any time, and the rights and obligations of the parties arising from the purchases arranged between both parties.

 

  1. ACCEPTANCE AND AMENDMENT

HOGO reserves the right to vary the Standard Terms appearing on its Website https://hogosystem.com /. Therefore, it is important for the Customer to consult them regularly, although in no case will the General Terms apply retroactively to purchases already made, but will only apply to future purchases. 

In any case, it is important for Customers to regularly verify the Standard Terms and the Returns, Privacy and Cookies policies. Any access by Customers subsequent to those modifications will be considered an acceptance of them.

If there is any conflict between these Standard Terms and the policies on the Website and any previous version of them and, unless otherwise determined, these General Terms will prevail.

 

  1. THE PURCHASE PROCESS

4.1 Products

HOGO’s sleep systems will be those determined by HOGO at any given time. 

The HOGO Sleep Systems consist of the following elements: articulated bed base, mattress, mattress cover, mattress protector or topper, earthing system, merino wool blanket and pillows. Each Sleep System also includes one (1) set of sheets. 

HOGO Sleep Systems may only be intended for domestic use and may not be remarketed by the Customer for any other use. 

4.2. Request for information and product presentation 

Customers may request information on HOGO sleep systems through the contact form that may be found at the bottom of each section of the Website https://hogosystem.com /.

HOGO Customer Service will contact the Customer by telephone or by email using the details provided by the Customer in the contact form to arrange, at the Customer’s choice, a face-to-face or telephone appointment to inform the Customer about the characteristics of HOGO Sleep Systems and the purchasing process. 

The face-to-face appointment may take place in any of the following commercial establishments where HOGO Sleep Systems are on display: 

Gunni & Trentino

  • Madrid

Paseo de La Habana 3, 28036, Madrid. 

  • Marbella

Hotel Marbella Club, Bulevar Alfonso de Hohenlohe, S/N, Local 2, 29602 Málaga 

MIO Interiors

Passeig de Margall 13, 08026 Barcelona. 

Campus Vitalis

Bertha-Von-Suttner Strasse 5, D-66123 Saarbrücken

 

Customers may find the updated list of the commercial establishments where Hogo Sleep Systems are sold at the following link https://hogosystem.com/suites /.  

Following the telephone or face-to-face appointment, HOGO will email the Customer a link to the virtual catalogue that was previously presented to the Customer in the telephone or face-to-face appointment referred to above and that includes the main features of the HOGO Sleep Systems and their prices. 

The photographs and descriptions included on the Website and in the Virtual Catalogue are intended to provide Customers with an overview of the product and do not imply that the final appearance of the products will be exactly the same as what is shown in the photograph on the Website or in the Virtual Catalogue.

HOGO accepts no liability whatsoever for any claims arising from a use other than that for which the product offered on the Website or in the online catalogue is intended.

4.3. Quotes

4.3.1. Requesting a quote for the HOGO Sleep System and other services

Once HOGO has sent the Customer the information and documentation referred to in Clause 4.2 above, the Customer may request HOGO to prepare a quote for one or more HOGO Sleep Systems. 

The Customer may request a quote for a HOGO Sleep System with customised dimensions other than the standard dimensions indicated in the Virtual Catalogue. In this case, the right to withdraw as in Clause 8 will not apply. 

Requests should be sent by email sent to hello@hogosystem.com and should indicate: 

  1. the Customer’s intention to obtain a quote; 
  2. the HOGO Sleep System for which the quote is requested; 
  3. the dimensions of the HOGO Sleep System selected; 
  4. the delivery address of the product; 
  5. if the Customer is interested in receiving a quote for the old bedding product pick-up service regulated in Clauses 6.6 and 6.9 together with the dimensions and characteristics of the old products to be picked up; 
  6. if the Customer is interested in receiving a quote for special services or special items that may be necessary for the delivery of the product as indicated in Clause 6.8.
  7. if the Customer is interested in receiving a quote relating to the biological age study regulated in Clause 9. 
  8. the name of the person for whom the quote should be prepared. 

If the Customer’s request for a quote does not inform HOGO that the Customer is interested in receiving a quote for the removal of old bedding products and/or special services or items for the delivery of the product, the Customer accepts that if those services are finally purchased, the Customer will bear additional costs aside from those indicated in the requested quote.

4.3.2. Submission of quotes

HOGO will email the Customer the requested quote detailing the characteristics of the selected HOGO Sleep System, and the total price, including applicable taxes and fees, shipping and installation costs, the price of the services requested by the Customer and any other additional costs. 

The quote will be valid for a period of one (1) month from its receipt by the Customer. 

Together with the quote, HOGO will send the Customer a copy of these Standard Terms of Business on a durable medium, which will form an integral part of the purchase contract. 

4.4. Acceptance of the quote and completion of the purchase. 

4.4.1. Down payment

Acceptance of the quote by the Customer will be effected by means of a first payment corresponding to fifty percent (50%) of the price indicated in the quote for the products and/or services that the Customer actually wishes to purchase or contract through the means of payment detailed in Clause 4.5. 

The first payment must be made within the period of validity of the quote. 

The purchase contract will be deemed to be concluded from the moment the Customer pays the down payment corresponding to fifty percent (50%) of the price indicated in the quote. 

By accepting the quote, the Customer accepts the incorporation of these Standard Terms of Business into the purchase contract. 

The Customer must email HOGO proof of payment of the down payment at hello@hogosystem.com. 

Together with the proof of payment, the Customer must confirm: 

  1. the delivery address of the product and the billing address, which may be different;
  2. whether the Customer is contracting the service of removal of old sleep products and/or the services or special elements for the delivery of the product, and
  3. if applicable, the Customer’s intent to take advantage of the trial period by carrying out the biological age test as in Clause 9. 

HOGO will send the Customer acknowledgement of receipt of acceptance and confirmation of the order by email to the address indicated by the Customer in the contact form within twenty-four (24) hours of receipt of the down payment corresponding to fifty percent (50%) of the price indicated in the quote. 

4.4.2. Second payment

For deliveries in mainland Spain, the second payment corresponding to the remaining fifty percent (50%) of the price indicated in the quote must be paid at least fifteen (15) business days before the date agreed with the Customer for home delivery of the products. 

For deliveries to the Balearic Islands, Canary Islands, Ceuta and Melilla and for deliveries outside Spain, the second payment corresponding to the remaining fifty percent (50%) of the price indicated in the quote must be paid at least fifteen (15) business days before the date on which the product leaves HOGO’s warehouses. In this case, HOGO must inform the Customer of the date on which the product is scheduled to leave its warehouses at least twenty (20) business days before it is shipped. The Customer must send HOGO the proof of the second payment made by email to the address hello@hogosystem.com. 

4.5 Payment method

Customers may pay the price of the products and/or services they wish to purchase and/or contract by bank transfer to the SWIFT account number: ES49 0128 0010 93 0100236034 / BKBKESMM held by ORIGINBEDS S.L.

In the ‘for’ or ‘reference’ field of the bank transfer, the Customer’s full name and the quote number should be entered. 

4.6. Time of payment 

Full payment for the products purchased will be made in two instalments as in Clause 4.4 above. 

The first payment will be made upon acceptance of the quote and perfection of the purchase contract for the amount equivalent to fifty percent (50%) of the price indicated in the quote for the products and/or services that the Customer actually wishes to purchase or contract. 

The second payment corresponding to the remaining fifty percent (50%) must be paid at least fifteen (15) business days before (i) the date agreed with the Customer for home delivery of the products; or (ii) the date on which the product leaves HOGO’s warehouses for its destination, as established in Clause 4.4.2 above.  

The Customer will send proof of each payment to HOGO by email to hello@hogosystem.com.

 

  1. PRICES

The price of our products is the price indicated at any given time in the Virtual Catalogue and in any case the price indicated in the quote sent to the Customer.

All prices shown in the Virtual Catalogue include the Value Added Tax (“VAT“) applicable at all times.

In the case of residents of non-EU countries, purchases made by individuals or legal entities resident in non-EU countries will be exempt from VAT.

HOGO may modify the price of the products and services offered through its Website and Virtual Catalogue at any time. 

The definitive price will be the price in force in the corresponding advertisement published in the Virtual Catalogue at the time the quote is accepted and the order is placed.

 

  1. DELIVERY AND ASSEMBLY 

6.1. Responsibility for delivery and assembly

HOGO will be responsible for the shipment and assembly of the products purchased by the Customer.

HOGO’s shipping service does not include delivery to addresses that are difficult to reach or that cannot be reached by the means of shipping normally used by HOGO, i.e. vans. 

6.2. Price of the shipping and assembly service

The price of HOGO products listed in the online catalogue does not include shipping, delivery to the customer’s home or assembly.

The price of shipping, home delivery and assembly services will be included in the quote sent to the Customer in accordance with Clause 4.3.

6.3. Time and schedule of delivery of the HOGO Sleep System

6.3.1. Delivery times 

The delivery time of the HOGO Sleep System will vary depending on (i) the size of the Sleep System; (ii) the availability of the product purchased at the time the order is placed and (iii) the location of the delivery address. 

The following table shows the maximum delivery times for the HOGO Sleep System depending on the location of the delivery address: 

Country of delivery Maximum delivery time
Mainland Spain  16 weeks
Balearic Islands, Canary Islands, Ceuta and Melilla 24 weeks
Europe  24 weeks
Rest of the world 24 weeks

Delivery times will commence from the date on which the Customer pays the down payment corresponding to fifty percent (50%) of the price indicated in the quote. 

The delivery times referred to above do not apply to the set of sheets included with each HOGO Sleep System purchased, which will be sent to the Customer within a maximum of 8 weeks from the date on which the down payment corresponding to fifty percent (50%) of the price indicated in the quote is paid for the products and/or services that the Customer actually wishes to purchase or contract. 

6.3.2. Delivery address

The Customer must indicate the order delivery address in the email sent to HOGO when requesting the quote in accordance with Clause 4.3. 

 

6.3.3. Scheduling of delivery. Change of day and time

HOGO Customer Service will contact the Customer by telephone or email to inform the Customer of the expected delivery date and time of delivery of the HOGO Sleep System and to agree with the Customer the date and time of delivery of the HOGO Sleep System. 

The Customer may change the scheduled date and time of delivery of an order provided that the Customer notifies HOGO at least seven (7) business days in advance of the previously agreed date and time by telephone or email.

In the event of delays in delivery, HOGO Customer Service will contact the Customer to schedule a new delivery date. 

6.3.4. Changes of delivery address 

The Customer may change the delivery address of the order up to fifteen (15) business days before the delivery date agreed under Clause 6.3.3 above in the case of deliveries to mainland Spain. 

For deliveries to the Balearic Islands, Canary Islands, Ceuta and Melilla and for deliveries outside Spain, the Customer may change the delivery address of the order up to fifteen (15) business days before the date on which the product leaves HOGO’s warehouses. In this case, HOGO must inform the Customer of the date on which the product is scheduled to leave its warehouses at least twenty (20) business days before it is shipped.

The Customer must send an email to hello@hogosystem.com indicating the new delivery address. 

HOGO will not be liable for any errors or damage caused in the delivery of products when the delivery address indicated by the Customer (i) does not exist; (ii) is incorrect; or (iii) has not been changed in accordance with the requirements in the previous paragraph. 

6.6. Removal of old Sleep Products

6.6.1. Requesting the removal service at the time of requesting the quote

If the Customer requires the removal of old sleep products that are to be replaced by the purchased product, the Customer must inform HOGO at the time of requesting the quote as in Clause 4.3.

6.6.2. Request for the removal service at a later point in time after requesting the quote 

The Customer may also request the removal of old sleep products at the time of scheduling the delivery date of the products and will indicate the dimensions and characteristics of the old products to be removed. 

HOGO will email or call the Customer to confirm whether the pick-up service is available and, if so, the additional cost for this service. 

The Customer will pay for the pick-up service by the same method of payment as indicated in Clause 4.5 above at least fifteen (15) business days before the date agreed with the Customer for delivery of the products to the Customer’s address. 

6.7. Additional delivery charges

If on the day scheduled for delivery the carriers are unable to deliver the products to the Customer’s address because (i) the Customer is not at home; or (ii) the delivery address provided is non-existent, incorrect or has not been changed in accordance with the procedure established in Clause 6.3.4, HOGO will notify the Customer of this fact by email and a new delivery date will be scheduled for within seven (7) business days following the date on which the email was sent by HOGO as referred to in this paragraph.  

If, for reasons attributable to the Customer, the product cannot be delivered within seven (7) business days of when the notification from HOGO referred to in the previous paragraph was sent, the Customer will be responsible for all costs incurred for (i) returning the product to HOGO’s facilities and (ii) redelivering the product. 

Causes attributable to the Customer will be understood to be (i) if the Customer is not at home on the day scheduled for delivery; (ii) if the delivery address provided does not exist or is incorrect; and (iii) if the delivery address was not changed in accordance with the procedure established in Clause 6.3.4.

6.8. Delivery and assembly 

6.8.1. Receipt of the product and delivery 

The product must be received personally by the Customer or by an authorised person.

On the date of delivery, the Customer must indicate to the carrier the room where the product is to be installed, which must be cleared before delivery. 

6.8.2. Additional service for special delivery items or services 

HOGO’s delivery service does not include the use of pulleys or similar mechanisms (hoists, lifts, ropes or similar) to lift the products up the façades, stairs or other interior or exterior spaces of the home. The Customer will be responsible for checking before delivery that the products fit into the lift shaft or up the stairs.

The Customer must check before delivery of the product that it will not require the use of pulleys or other lifting mechanisms for delivery to the desired room. If these mechanisms are necessary, the carrier will deliver the product at street level and the Customer will be responsible for moving it to the desired room. The Customer will be liable for any damage to the HOGO Sleep System caused by the use of those lifting devices.  

If the delivery of the product requires the use of a special service or special elements (hoists, pulleys, lifts, ropes or similar), the Customer may request HOGO to arrange for those services and/or elements when requesting the quote regulated in Clause 4.3.

The Customer may also request HOGO to arrange for the procurement of those services and/or items when scheduling the delivery date of the products. 

HOGO will confirm to the Customer whether those special delivery items and/or services can be arranged by email or telephone call and, if so, the additional cost of the services and/or items. 

The Customer must make payment for the services and/or special delivery items by the same method of payment as indicated in Clause 4.5 above at least fifteen (15) business days before the date agreed with the Customer for delivery of the products to the Customer’s address. 

6.8.3. Permits or licenses 

In any case, it will be the Customer’s responsibility to obtain any permits that may be necessary to carry out the actions required for the delivery or removal of the products. 

6.8.4. Enquiries 

The Customer may contact the HOGO Customer Service Department by telephone on 917 55 88 29 or by email at hello@hogosystem.com for any doubts about whether the address will be difficult to access or if special services or elements are necessary to deliver the product. 

6.9. Removal service for old sleep products 

If the Customer has requested the service for the removal of old products in accordance with Clause 6.6 above and HOGO has confirmed the availability of this service, the carriers will remove the old products on the scheduled day of delivery of the product. 

At the time of delivery of the HOGO product, the Customer must have the old products ready for removal. 

Under no circumstances will HOGO move the old products to an address other than the delivery address, e.g. in the event of moving house or shipment to second homes or the homes of relatives. 

Once the old products have been removed, the Customer will not have the option of recovering them.

6.10. Quality of delivery and assembly service

Once the product has been delivered, the Customer must check: 

  1. That all the products have their corresponding packaging. 
  2. Otherwise, any anomalies observed must be included in the carrier’s delivery note
    That the packaging does not have damage, deformations or impacts. 

If it does, the anomalies observed must be included on the carrier’s delivery note.

  1. That the order corresponds to the items, characteristics and measurements requested by the Customer.

Depending on the products, the order will sometimes be packed in protective plastic or cardboard bags and boxes. 

In the event of any anomaly related to the shipping service (product showing signs of damage, deformation or impacts), the Customer may submit a complaint to the HOGO Customer Service Department within twenty-four (24) hours of receipt of the order.

 

  1. CONFIRMATION OF THE CONTRACT 

At the time of delivery of the product, HOGO will, via the carrier, provide the Customer with written confirmation of the purchase contract which will include: 

  1. The main characteristics of the purchased product. 
  2. The total price of the product, including taxes and duties, and all additional costs for shipping, delivery, assembly and any other additional costs. 
  3. The delivery date of the product. 

In addition, within twenty-four (24) hours of delivery of the product, HOGO will send the Customer confirmation of the purchase contract by email together with the following documents: 

  1. Invoice. 
  2. Manual of recommendations for the use and maintenance of the product. 

 

  1. LEGAL RIGHT OF WITHDRAWAL AND TERMS FOR WITHDRAWING

8.1. Right and time limit to withdraw. Exceptions

The Customer will have the right to withdraw from this purchase contract within 14 calendar days from the day following delivery of the product ordered, without having to justify the decision.

To comply with the withdrawal period, it is sufficient that the communication regarding the exercise of the right to withdraw by the Customer regulated in the following Clause 8.2 is sent before the expiry of the period. 

The right to withdraw will not apply to a HOGO Sleep System that was manufactured according to the dimensions specifically requested by the Customer that are different from the standard dimensions of the Sleep Systems listed in the online catalogue. 

8.2. Exercise of the right

To exercise the right to withdraw, the Customer must notify HOGO of the decision to withdraw from the purchase contract before the expiry of the withdrawal period specified in Clause 8.1.

The Customer may use the model withdrawal form attached as Schedule I or submit any other type of unequivocal statement indicating the Customer’s decision to withdraw from the purchase contract. 

The Customer must send the completed model withdrawal form or the unequivocal statement of withdrawal to HOGO by (i) either by email to hello@hogosystem.com] (ii) or by post or certified fax to HOGO’s postal address provided in Clause 1 of these Standard Terms of Business. 

8.3. Reimbursement 

HOGO will reimburse the Customer for any payments received from the Customer, including ordinary delivery charges after deduction of the direct costs of the return as in Clause 8.4.

HOGO will reimburse the Customer within fourteen (14) calendar days from the date on which HOGO is informed of the Customer’s decision to withdraw from the purchase contract in accordance with Clause 8.2 above. 

The Customer will be reimbursed for the product using the same payment method that the Customer used to pay for the product as regulated in Clause 4.5 above. 

8.4. Return costs 

The Customer will bear the direct cost of returning the products. 

This direct cost will in any case correspond to the cost of dismantling and shipping the HOGO Sleep System from the Customer’s home to HOGO’s warehouses.

The cost of shipping and disassembly will correspond to the cost of shipping and assembly indicated in the Quote submitted and accepted by the Customer as referred to in Clause 4.3.  

The Customer will also be responsible for any extraordinary pick-up logistics costs (forklift, pulley, pulley block, ropes, etc.), which will be understood to be part of the direct cost of return. 

If these costs are necessary for picking the product up, HOGO will notify the Customer of this fact by email, together with the amount of these costs, at least three (3) business days before the agreed pick-up date. 

The Customer must pay HOGO for the extra logistical costs by the method of payment specified in Clause 4.5 no later than the day on which the products are collected. 

8.5. Pick-up 

Once HOGO has been informed of the Customer’s decision to withdraw from the contract, HOGO will contact the Customer by telephone or email to arrange a date and time to pick up the products, which will take place in any event within fourteen (14) calendar days of the Customer’s notification of withdrawal. 

The product must be delivered to HOGO in perfect condition, with each and every one of the items that were originally delivered to the Customer, including pillow bags, blanket and box of sheets that were provided on the day of delivery. 

8.6. Depreciation

The Customer will be liable for any diminished value of the products resulting from any handling that is not necessary to establish the nature, characteristics or proper functioning of the products.

A HOGO expert will be present on delivery of the HOGO Sleep System to assess its condition and to determine whether the product is affected by any depreciation for which the Customer is liable. 

If the product suffers from any depreciation for which the Customer is liable and the cost can be determined within 14 calendar days of the Customer informing HOGO of the right to withdraw from the contract, HOGO must inform the Customer of this cost by email and deduct this cost from the amount to be reimbursed to the Customer. 

Otherwise, HOGO must inform the Customer of the cost of depreciation by email within three (3) business days of picking the products up, and the Customer must pay those costs by the method of payment specified in Clause 4.5 within three (3) business days of HOGO’s notification of the costs. 

 

  1. TRIAL PERIOD 

9.1. Trial period and right to withdraw from the purchase contract

Without prejudice to the Customer’s right to withdraw as regulated in Clause 8 above, the Customer will have a trial period for the HOGO Sleep System purchased during which the HOGO Sleep System may be returned in accordance with this Clause. 

9.2. Territorial scope of the trial period 

The contractual right to withdraw, of which the trial period consists, will be limited to Spanish territory. 

9.3. Term of the trial period

The trial period will last for a period of six (6) months from the date on which the Customer receives the purchased HOGO Sleep System at home. 

9.3. Requirements to withdraw from the purchase contract within the trial period 

  • Preliminary biological age study 

To be eligible for the trial period, before starting to use the HOGO Sleep System, the Customer must undergo an initial biological age study, in cooperation with the Complutense University of Madrid, in which immune parameters will be studied including the measurement of: neutrophil function, lymphocyte function and Natural Killer activity. 

The Customer must confirm to HOGO a willingness to undergo this biological age study by sending an email to HOGO with proof of payment of the first 50% of the price of the products as indicated in Clause 4.4 above, provided that this first payment includes payment of 50% of the cost of the study. 

Once the quote has been accepted by the Customer and the first payment corresponding to 50% of the price of the products has been made, HOGO will contact the Customer by telephone or email to schedule the date and time of the first analysis that, unless the Customer requests otherwise, will be carried out at the Customer’s home by a qualified healthcare professional.

The first analysis will in any case be carried out before the Customer receives the HOGO Sleep System and may be carried out on the same day as the delivery of the HOGO Sleep System. 

Once HOGO has contacted the relevant department of the Complutense University of Madrid, HOGO must inform the Customer by telephone or email of the definitive date of the first analysis. 

The estimated time for obtaining the results of the analysis is two (2) months. 

The results of the first biological age study must be sent to the Customer directly by the Complutense University of Madrid. 

  • Biological age study once the Sleep System has been used

Subsequently, after at least four (4) months of continuous use of the HOGO Sleep System, the Customer must undergo a second biological age study in collaboration with the Complutense University of Madrid, which will once again study the immune parameters referred to in paragraph (a) above. 

The procedure for scheduling the date and time of the analysis and its performance will be the same as indicated in paragraph (a) above. 

The result of the second biological age study will be sent to the Customer directly by the Complutense University of Madrid.

  • Comparison between the biological age studies performed

If between the first and second biological age study there is no improvement in the parameters, i.e. no decrease in the Customer’s biological age, and provided that the Customer does not fall within the exempt cases indicated in section 9.3.4 below, the Customer may return the HOGO Sleep System purchased by following the procedure in this Clause.

  • Exceptions to the contractual right to withdraw in the absence of a decrease in the biological age 

There are certain factors that may affect the Customer’s biological age that are unrelated to the use of the HOGO Sleep System. These factors may cause the Customer’s biological age to remain the same or increase in comparison with the biological age resulting from the initial assessment. 

Therefore, even if there is no decrease in the Customer’s biological age between the first and second study, the Customer will not be entitled to return the HOGO Sleep System if the Customer is in one or more of the following situations: 

  1. serious and unstable medical conditions or a history of chronic illness, 
  2. aphasia, confusion or psychiatric co-morbidity including anxiety disorder, depression, bipolar disorder or any form of dependency, 
  3. having suffered a traumatic or highly stressful event such as bereavement, divorce, or similar, 
  4. suffering from any previously diagnosed sleep disorder, including narcolepsy, periodic limb movement disorder, obstructive sleep apnoea, 
  5. previous surgery, 
  6. pregnancy and/or lactation, 
  7. electrohypersensitivity, and 
  8. COVID-19, avian influenza or similar. 

9.4. Exercising the right to withdraw from the purchase contract within the trial period

To withdraw from the purchase contract, the Customer must notify HOGO of this decision by email to hello@hogosystem.com within five (5) calendar days of receiving the result of the second biological age test. 

The Customer may use the model withdrawal form attached as Schedule I or submit any other type of unequivocal statement indicating the Customer’s decision to withdraw from the purchase contract. 

In this communication, the Customer must include a copy of the biological age analysis carried out. 

9.5. Pick-up costs 

The Customer will bear the direct cost of returning the products. 

This direct cost will in any case correspond to the cost of dismantling and shipping the HOGO Sleep System from the Customer’s home to HOGO’s warehouses.

The cost of shipping and disassembly will correspond to the cost of shipping and assembly indicated in the Quote submitted and accepted by the Customer as referred to in Clause 4.3. 

The Customer will also be responsible for any extraordinary pick-up logistics costs (forklift, pulley, pulley block, ropes, etc.), which will be understood to be part of the direct cost of return. 

If these costs are necessary for picking the product up, HOGO will notify the Customer of this fact by email, together with the amount of these costs, at least three (3) calendar days before the agreed pick-up date. 

9.6. Pick-up 

Once HOGO has been informed of the Customer’s decision to withdraw from the contract, HOGO will contact the Customer by telephone or email to arrange a date and time to pick up the products, which will take place in any event within 14 calendar days of the Customer’s notification of withdrawal. 

The product must be delivered to HOGO in perfect condition, with each and every one of the items that were originally delivered to the Customer, including pillow bags, blanket and box of sheets that were provided on the day of delivery. 

9.7. Reimbursement

HOGO will reimburse the Customer for any payments received from the Customer, including ordinary delivery charges after deduction of the direct costs of the return as in Clause 9.5, and any costs of depreciation to the product under Clause 9.8.

HOGO will make the refund within fourteen (14) calendar days from the date of receipt of the returned product at its warehouses and after verifying that the product is in good condition. 

The Customer will be reimbursed for the product using the same payment method that the Customer used to pay for the product as regulated in Clause 4.5 above. 

9.8. Depreciation

The Customer will be liable for any depreciation of the products resulting from manipulations that are not necessary to determine the nature, characteristics and proper functioning of the products.

 

  1. LEGAL WARRANTY

10.1. Legal warranty and deadline to express non-conformity

The products HOGO sells are covered by a legal warranty covering any non-conformities existing at the time of delivery to the Customer and that become apparent within three (3) years of delivery of the product. 

The Customer may express a lack of satisfaction and demand that HOGO (i) remedy the lack of conformity (ii) reduce the price or (iii) terminate the purchase contract by means of a simple statement to that effect sent by one of the following means of communication: 

  1. By phoning HOGO’s Customer Service on 917558829
  2. By email to hello@hogosystem.com. 
  3. By post or certified fax to HOGO’s postal address indicated in Clause 1 of these Standard Terms of Business. 

The legal warranty will be governed in accordance with Royal Legislative Decree 1/2007, of 16 November, which approved the revised text of the Spanish Consumer Rights Act [Ley General para la Defensa de los Consumidores y Usuarios] and other complementary laws.

The warranty includes the costs of shipping, labour and repair or replacement of the defective item (materials). 

10.2. Warranty terms

The legal warranty is subject to the following terms: 

  1. The legal warranty will only be valid on presentation of the purchase invoice, or another document proving the purchase of the product and the date on which it was made available to the Customer. 

HOGO reserves the right not to offer free warranty service if any of the above documents are not presented or if the information on the documents is incomplete or illegible.

  1. If the product or any of its components need to be repaired or replaced, they will be replaced by others of similar characteristics.
  2. The Customer, in the event of a lack of satisfaction, has the right to have the product’s lack of conformity remedied by repair or replacement, to a price reduction or to termination of the purchase contract, in accordance with the Consumer Rights Act.
  3. The following cases will not be considered as ‘lack of conformity of the products’ and, therefore, are NOT covered by the legal warranty:
    1. Deterioration due to improper use (in accordance with the recommendations for use and maintenance provided to the Customer) or due to transporting the product if the Customer was responsible for transporting it. 
    2. Variations in the measurements of the products of less than more or less (+/-) than 20 mm (difference permitted by the EU regulation on tolerances in the measurements of sleep products, UNE-EN 1334).
    3. Products that have been tampered with by persons other than HOGO’s technical service.
    4. Losses in height and body impressions (markings) on mattresses of up to 10% of their height.
    5. Mould stains caused by excess humidity in the bedroom or room, low temperatures and lack of air circulation.
    6. Any slight aesthetic incidence that appears on the textile parts that does not affect the conformity of the mattress, as it is a characteristic of the materials themselves.
    7. The odours of the mattress during the first days of use, as new products can produce a certain odour that disappears after a few days.
  4. Upon receipt of the Customer’s statement of non-conformity of the product in accordance with the terms in this Clause 10, HOGO will contact the Customer and the technical service will, if necessary, visit the Customer’s home. 
  5. The cost of a visit after the product’s warranty period or if the complaint is not covered by the warranty will be communicated when the complaint is made, as a travel cost. 
  6. The cost of repairing the product outside the warranty period or in the case of circumstances not covered by the warranty, will be determined on a case-by-case basis.

 

  1. COMMERCIAL WARRANTY 

Without prejudice to the legal warranty referred to in Clause 10 above, HOGO sleep systems are covered by a commercial warranty subject to the following conditions: 

11.1. Guarantor details

ORIGINBEDS, S.L.

Tax Identification Number B-87903746

Address: Madrid, Calle Pozuelo de Zarzón, número 4. 

Customer service telephone number: 917 55 88 29

Customer service email: hello@hogosystem.com

11.2. Territorial scope 

The commercial warranty will apply to all of Spain and the rest of the world. 

11.2. Elements covered by the commercial warranty and term 

Under the commercial warranty, HOGO will be responsible for repairing or replacing the following elements during the period set out below: ¡

Sleep System Element Warranty period
Textile materials: wool, cotton, cashmere, coconut fibre and patented graphite and silver mesh 30 years
Existing latex in the mattress, mattress protector (or topper) and pillows 10 years
Articulated bed base 5 years

The warranty period will commence on the date of receipt of the HOGO Sleep System. 

11.3. Warranty in favour of the original Customer

The warranty is only valid for the original customer who purchased the product directly from HOGO. 

11.4. Exclusion clauses 

Damage resulting from the use or wear and tear of the purchased Sleep System is excluded from the warranty coverage. 

Claims arising from improper or negligent use of the purchased Sleep System will also be excluded from warranty coverage. 

Improper or negligent use of the Sleep System will be considered to be all the uses specified as such in the Manual of recommendations for the use and maintenance of the product that will be given to the Customer at the time of delivery of the Sleep System. 

By way of example and without limitation, the following will be considered improper or negligent use of the Sleep System and therefore will not be covered by the commercial warranty: 

  1. Covering the base of the system with an external structure that modifies the original configuration of the System. 
  2. Breakage or deformation of the articulated bed base as a result of repeatedly sitting on the ends of the System. 
  3. Damage to the articulated bed base as a consequence of lying down or jumping on it abruptly. 

11.5. Procedure 

11.5.1. Notifying HOGO

To use the commercial warranty, the Customer must notify HOGO of the damage by (i) registered post with acknowledgement of receipt; (ii) by certified fax or any other reliable means of communication to the postal address given in section 11 of this Clause 11; or (iii) by email at hello@hogosystem.com. 

In this notice, the Customer must describe the damage and attach images or recordings of the damage. 

HOGO must be notified of the damage within one (1) month of noticing the damage or when the damage should have been noticed. 

11.5.2. Assessment of the damage. Repair or replacement. Expenses. 

Once the complaint has been received, HOGO will analyse the alleged problem as soon as possible and must inform the Customer of the result of its analysis. 

If the damage to the elements of the Sleep System is covered by the commercial warranty, HOGO will determine whether the damage is to be repaired or whether it is necessary to replace one or more elements. 

In that case, HOGO will bear the costs of repair or replacement of the elements of the HOGO Sleep System covered by the warranty. 

If HOGO does not have materials identical to the original when the complaint is received, HOGO will use materials of equal or higher value than those used, failing which HOGO will reimburse the Customer for the difference in cost. 

If the damage caused is not covered by the warranty, the original purchaser must pay the costs incurred as a result of the complaint.

 

  1. REPAIR 

HOGO guarantees the availability of replacement parts for Sleep Systems for a period of ten (10) years after the product ceases to be manufactured.

 

  1. FORCE MAJEURE

Neither the Customer nor HOGO will be liable for any delays or non-compliance that may occur in the delivery of the products or the payment of their price due to causes beyond their control as defined by Spanish legislation (“Force Majeure“). 

In any case, the following will be considered causes of Force Majeure: 

  1. a shortage or reduction of raw materials required by HOGO for the manufacture of products; 
  2. delays or non-performance caused by HOGO’s suppliers of goods or services; 
  3. delays or non-performance resulting from epidemics or pandemics such as COVID-19. 

The party aggrieved by a Force Majeure event must inform the other party of the details of the event as soon as possible and upon becoming aware of it. 

The Parties will use all reasonable efforts to mitigate the effects of the Force Majeure cause.

Either Party may terminate the purchase contract upon written notice to the other Party if the cause of Force Majeure continues for more than six (6) months.

 

  1. LIMITATION OF LIABILITY

HOGO’s liability will be limited in the following cases:

  1. If the product chosen is not as displayed on the Website due to problems of resolution, the browser used or other technical problems. 

In this respect, HOGO takes all measures to provide a faithful display of its products, but it cannot be held responsible for any slight differences or inaccuracies that may exist. 

If the Customer is not satisfied with the product received, the Customer may exercise the right to withdraw from the purchase in accordance with Clause 8 above.

  1. In general, HOGO limits its liability to that established in Royal Legislative Decree 1/2007, of 16 November, which approved the revised text of the Consumer Rights Act and other complementary laws, and therefore will not bear any expenses for management costs, expectation loss, lost profits, loss of business opportunities or any loss of income or sales by the Customer.

 

  1. RESERVATION OF RIGHTS

HOGO reserves the right to cancel or refuse any orders from a Customer with whom there is a dispute regarding payment of a previous order or who presents a risk.

HOGO reserves the right to change the prices of its products, subject to Clause 5.

HOGO reserves the right to verify the personal information provided by the Customer and to take any measures it deems necessary to verify that those who have provided their personal date are the holders of the bank accounts used for payment. This verification may take the form of a request for proof of identity, address and/or bank documents. 

HOGO reserves the right to modify these Standard Terms of Business without prejudice to purchases already made, which will not be affected by those modifications.

 

  1. OBLIGATIONS OF THE CUSTOMER

The Customer must use our products correctly and will be solely liable for any damage that may be caused to HOGO or third parties as a result of a lack of due care or wilful misconduct by the Customer.

By accepting these Standard Terms of Business, the Customer accepts responsibility for the truthfulness and accuracy of the data and information provided to us in connection with the conclusion of the product purchase contract, in particular the delivery information, as this may cause problems in the logistics of HOGO and third parties.

 

  1. INTELLECTUAL AND INDUSTRIAL PROPERTY

The products we offer for sale are subject to copyright. In addition, any logos, trademarks, texts, icons and other content subject to industrial and intellectual property rights are protected by the applicable laws in force. 

 

  1. CUSTOMER SERVICE

For any type of complaint, Customers may contact HOGO through the following communication channels: 

  1. Customer Service Telephone Service: 917558829 during business hours from 9:00 am to 6:00 pm (GMT+2).  
  2. Email: hello@hogosystem.com. 
  3. By post: Calle Pozuelo de Zarzón nº 4. 28005, Madrid. 

From the moment it is received, the complaint will be dealt with within a maximum period of fifteen (15) business days from its receipt.

 

  1. GOVERNING LAW. 

The Parties agree that the law applicable to the Purchase Contract between HOGO and Customer will be Spanish law. 

Without prejudice to the choice of governing law, the law of the country of the consuming Customer’s habitual residence will apply. 

 

  1. BUSINESS DAYS

Days will be classified as business days if they are classified as such in the city of Madrid. 

 

  1. DISPUTE RESOLUTION

Any disputes that may arise between the Customer and HOGO as a result of a breach of the standard terms of business will be governed by applicable Spanish law.

If any of these Standard Terms of Business are ruled void or inapplicable, that term will be deemed not to have been made and will not affect the validity of the rest of the Standard Terms of Business.

The Customer is informed that there is an EU platform called the Online Dispute Resolution (ODR) platform for online out-of-court resolution of disputes relating to contractual obligations arising from sales contracts or the provision of services concluded online between a Customer and a trader resident in the European Union, through the intervention of an alternative resolution entity.

In the event of a dispute or breach of contract, complaints may be submitted online over the portal set up for this purpose at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=ES. 

_____

SCHEDULE I

WITHDRAWAL FORM

Care of: 

ORIGINBEDS S.L.

Calle Pozuelo de Zarzón nº 4, 28005, Madrid

hello@hogosystem.com 

I/we notify you (*) that I/we withdraw from my/our (*) contract to purchase the following good/service (*)

  1. Order/received on (*) [●]
  2. Consumer and user name(s). 
  3. Consumer and user address(es). 
  4. Consumer and user signature(s) (only if this form is submitted in writing). 
  5. Date. 

(*) Cross out anything that does not apply. 

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