GENERAL TERMS & CONDITIONS OF SALE OF DREEM (“T&C”).

Shall apply as of 05 02 2019. Last T&C version: 07 12 2017

The Terms & Conditions of Sale set out herein are entered into between, firstly, the French simplified joint-stock company (SAS) Dreem, which has share capital of € 65 910,59, and which is registered in the Paris Register of Trade & Companies under the number 803 359 850, the registered office of which is located at 7-11 Boulevard Haussmann , 75009 Paris, France, and which is represented by the Chair thereof, Mr Hugo Mercier (hereinafter “Dreem”), and secondly, any and all physical person who has full legal capacity (hereinafter the “Customer” and/or “you”) acting hereunder as a consumer, i.e. a natural persons acting outside of their profession.

Words with a capital letter shall have the meanings assigned to them in the T&C and/or the General Conditions of Use (“GCU”).

T&C

The T&C shall define the contractual relations between Dreem and you regarding the sale of the Products of Dreem. The T&C, supplemented by the GCU available on www.dreem.com/fr/terms, shall prevail over any and all other general or special terms and conditions which are not expressly agreed to by Dreem.

The T&C shall apply to all the Products offered for sale on www.dreem.com (the “Website”), for the whole period of time for which the Website is online. Given that the Website and regulations may change, Dreem reserves the right to amend its T&C at any time. Said amendments shall be applicable as soon as they are put online. All new T&C replace the previous T&C. However, a given order is subject to the version of the T&C applicable at the time of said order. We recommend that you consult the GCU frequently, in particular the T&C set out herein, and that you save the latter on a durable medium. The purchase of the Product by the Customer entails an unconditional, full and complete acceptance of the T&C and a waiver of any conflicting document or conditions. Refusal to agree to the T&C excludes the Costumer from the sale agreement. Dreem reserves the right to refuse orders from Customers who do not agree to or who do not comply with the T&C, and such Customers shall not be entitled to claim any compensation. The T&C are available on the shop page at https://shop.dreem.com

In the absence of proof of the contrary, data recorded by Dreem constitutes the entire proof of all transactions made between the Customers and Dreem.

PRODUCTS

Dreem offers for sale the Products listed on the Website. Dreem undertakes that it shall describe the main characteristics of the Products as accurately as possible, that it shall display the price thereof, and likewise payment methods and any delivery restrictions, and lastly that it shall exercise its best efforts to ensure that the Website and the information thereupon is updated. Products for sale by Dreem are intended for a private and non-commercial use. Any other purpose is excluded. Any use contrary to a private purpose or different from the one proposed in the technical documentation available on the Website and the documentation provided by Dreem shall not be guaranteed by Dreem.

ORDERING PROCESS AND THE FORMATION OF THE AGREEMENT

To place an order, you have to provide details regarding your identity and delivery information.

Orders are placed using the Website. You undertake to read the information notice for each Product. You shall then be asked to read the T&C, to agree to them unconditionally and to expressly acknowledge your payment obligation. You shall access the payment interface to pay the total amount of your order. A sale is considered complete when you have carried out the final approval and completed your payment. All paid orders constitutes an agreement to the T&C, supplemented by the GCU , and to the prices and descriptions of the Products. Your order shall be confirmed by Dreem via an email. A first email shall confirm the contractual information regarding orders and a second email shall provide you with a tracking number.

PRICE

The prices of Products are stated in euros, including all taxes (VAT), apart from the portion of processing and shipping costs.

APPROVAL OF ORDERS BY DREEM

Orders are approved provided that none of the following order termination conditions are met:

Unconditional acceptance of the T&C: Dreem reserves the right to refuse any and all orders from Customers who refuse to agree to all or part of the T&C;

Availability: Products are offered for sale while stocks last. Details regarding the availability of the Products are given at the time of the order. In the event that all or some of the Products ordered are momentarily not available, Dreem shall advise you of the situation forthwith. The purchase is subject to the availability of the Products on the Website. Otherwise, the sale shall be invalid, with no possibility for the Customers to claim any compensation.

Billing and delivery addresses: Dreem only accepts orders with billing and delivery addresses located in the countries mentioned on the Website.

In the event that one or more of the termination conditions set out above are met, you shall be informed of the situation by email. The order in question shall then be cancelled and you shall be refunded the total amount of the order, by means of the payment method used by you (bank card or PayPal), within a maximum of 14 (fourteen) calendar days. Any changes in the VAT rate and any and all new taxes may affect prices. Dreem reserves the right to refuse to carry out a Customers’ order with whom Dreem has or has had a litigation, which represents a legitimate ground for refusing to sell Products to a customer, in compliance with the Article L122-1 of the French Consumer Code (“Code de la consommation”).

INVOICING AND PAYMENT

The Products are invoiced based on the prices which apply at the time the order is recorded. The amount invoiced shall be strictly equivalent to the total price indicated at the time of the order. Payment shall take place as soon as you confirm your order. Payment is made via credit/debit card or via PayPal. Invoices shall be paid in euros (EUR). The Products shall remain the property of Dreem until the price is fully paid.

The price shall be fully payable on the day the order is placed by the Client or in accordance with the conditions of the Website when the Customer chooses the three-installment interest-free payment plan. Dreem shall not be bound to deliver the Product if the payment is incomplete. Dreem further reserves the right to suspend or cancel the delivery of the Customer’s orders in case the aforementioned terms of payment are non-respected.

By placing an order online, the Customer authorizes the Company to debit its payment card for the full amount of the order (including delivery charges and taxes, if applicable), if payment is made by payment card.

Any tax, duty or other levies payable in respect of the French regulations shall be paid by the Customer. Customers guarantee Dreem they have the right to use the payment method they have selected. Dreem reserves the right to suspend the order and delivery in case the three-installment interest-free payment plan is not respected.

CANCELLING ORDERS

Customers may cancel orders prior to their shipping, upon request by the Customer, made to the following email address: support@dreem.com.

DELIVERY

Once you have finalized your order, you will be given the estimated delivery date. This date may change depending on the shipping method and the delivery address. The given date is an estimate based on our average time frames required for processing an order and delivering it. This estimate does not constitute in any way a deadline or a liability for Dreem. Dreem is not liable for shipping delays due to the shipping company, and in particular in case of a strike.
An email is sent once the Product is shipped and will include the delivery timeframe. The Customer is solely responsible for the accuracy of the data he provides when placing the order (last name, first name, contact details, shipping address, etc.) and the related consequences (delay, impossibility or error of delivery, etc.).
The Products are shipped to the delivery address specified at the time of the order. If the address proves to be erroneous, the cost of shipping the Products to another address shall be borne exclusively by you.
If the Products are available on different dates, the delivery timeframe is based on the later of the said dates. However, Dreem reserves the right to split orders into multiple parcels. In such a case, an email shall be sent to you beforehand. In such a case, the processing and shipping costs shall only be invoiced on the basis of a single parcel. Orders are given in perfect condition to the shipping company which is responsible for delivering them to Customers.
Delivery is deemed to have been made when the shipping company provides you with your order. Said provision is established by the IT system used by the shipping company. We recommend you check the Products at the time of delivery, and in the event that a Product is delivered and is non-compliant (i.e. the wrong product was sent, the product is defective, damaged or incomplete, etc.), we recommend that you supply to the shipping company a written detailed complaint at the time of delivery.

SHIPPING COST

Several shipping methods may be offered at the moment of order. Shipping costs vary depending on the weight of your order, the shipping address and the chosen shipping method. The shipping cost is indicated at the time of your order. You shall bear the full amount of shipping costs.

RIGHT OF WITHDRAWAL

According to the article L.221-18 of the French Consumer Code (Code de la consommation), the Customer has the right to return a Product for any reason within fourteen (14) calendar days. This period shall run as from the order delivery date (date as per postmark). These provisions shall only apply to a private use of the Product. In case of multiple orders, the withdrawal timeframe runs as from the delivery of the relevant Product.

can exercise your right of withdrawal within the withdrawal timeframe by sending an email to Dreem, or by means of any other unambiguous statement which expresses your desire to withdraw from the agreement using the email address support@dreem.com. You can also use the withdrawal form. If you use this option, we will send you, without any delay, a receipt confirmation of the withdrawal on a durable medium (via email for instance). The withdrawal timeframe shall be deemed to have been respected when the Customers desire to withdraw has been notified to Dreem within the withdrawal timeframe. Once you have exercised your right to withdrawal, you have thirty (30) days following notification of your decision to withdraw from the agreement to return the Product or Products to Dreem in its/their original packaging and condition with its/their batterie(s), any accessories fitted and the invoice of the Product(s). Shipping costs shall be borne exclusively by you and you shall support the shipping risks of the item(s) during its return. In the event the serial number of the Product is incorrect or missing or if the original packaging of the Product is missing or if the Product has been damaged, Dreem reserves the right to refuse the refund or to reduce the amount of the refund. The Product shall be returned according to Dreem’s instructions and requirements for shipment. You shall be refunded the full amount paid for the returned Product, excluding delivery costs, within a maximum period of 14 (fourteen) days from reception of the Product by Dreem or from the date on which you provide Dreem with proof the Product has been sent, whichever of the two is the earliest. You may be held liable in the event that the Product or Products is or are damaged as a result of handling operations in respect thereof, apart from handling operations which are required to establish the nature, the characteristics and the proper operation thereof.

WARRANTIES

The Products are guaranteed against hidden defects, as defined in articles 1641, 1644 and 1648 of the French Civil Code (Code civil), and likewise against lack of conformity, as defined in articles L.217- 4 et seq. of the French Consumer Code (Code de consommation). These guarantees run from the delivery date.

WARRANTY AGAINST LATENT DEFECTS

The French Civil Code (Code civil) provides the following regarding latent defects:

Under the legal latent defects warranty, Dreem, according to your choice and after evaluation of the defect, commits to:

WARRANTY OF CONFORMITY

The French Consumer Code (Code de la consommation) provides the following regarding the conformity warranty:

The implementation of the legal warranty of conformity:

The conformity warranty applies regardless of the commercial warranty that may be granted.

The buyer may decide to implement the warranty against hidden defects of the Product within the meaning of Article 1641 of the French Civil Code (Code civil). In this case, he can choose between the resolution of the sale or a reduction of the selling price in accordance with Article 1644 of the French Civil Code (Code civil).

If the Product or Products received are affected by a hidden defect or by a lack of conformity, you must first contact the support department, before you can send back the defective and/or non- compliant Products to Dreem in order to exchange the product or obtain a refund of the shipping costs. You shall be refunded via the payment method initially used, within a maximum timeframe of 14 (fourteen) days. If you should have any other questions concerning warranties, please contact Dreem at the following address: support@dreem.com.

WARRANTY DISCLAIMER

Any warranty claims shall be forfeited, in such cases:

PURCHASES MADE FROM ABROAD

The Website can be used from abroad. Dreem offers its Products for sale in the countries mentioned on the Website. The sale of the Products in the country in which you live can however be subject to a specific framework. Dreem shall not be held liable in the event of non-compliance with the legislation of the country in which the Products are delivered. It is your responsibility to check, with the local authorities, whether the Products which you are planning to order can be imported and used. Customs duties and/or other local taxes and/or State taxes are liable to be payable. Said duties and sums are not within the remit of Dreem. They shall be solely borne by you and are your full responsibility both in terms of statements and of payments to the competent authorities and bodies in the given country. It is recommended that you obtain information regarding these aspects from the local authorities in the given country prior to placing an order on the Website.

OWNERSHIP AND RISK TRANSFER

Dreem remains the owner of its Product until their full payment as well as all taxes and cost have been made.

Dreem is liable for the Products until they are delivered. The transfer of the risks from Dreem to the Client shall take place as soon as the Product is delivered to the client and all risks become the Customer's responsibility (as non-limited examples: risk of loss, theft, deterioration, etc.)

LIABILITY

Dreem reminds its Customers that the Products that are sold on Dreem’s Website are compliant with local applicable laws and regulation applicable in the Countries in which the Products are sold. Therefore, Dreem disclaims any and all liability for not being compliant with local applicable laws if its its Products were to be used or imported in any other Countries.

The Costumer has under its sole responsibility the choice, use and conservation of the Products. Dreem disclaims any and all liability in the event of deterioration, loss of data resulting from an improper use of the Product by a Customer or any third party.

Dreem disclaims any and all liability in the event it is partially or totally impossible to use the Product due to in an incompatibility of the Product. Dreem disclaims any and all liability in the event the damage is caused by the Customer or any third party.

Dreem disclaims any and all liability in the event of a breach of one of its contractual obligations which is consecutive upon an unforeseen circumstance or a force majeure case as defined by the French courts during the duration of the event. All other provisions shall remain in full force and effect. Dreem will inform the Customer of the event within seven (7) working days from its occurrence and will fulfill its obligations once the event has ceased.
If the event lasts more than a month, the Customer is entitled to terminate the contract as of right. The following are, in particular, deemed to be cases of unforeseen circumstances or of force majeure: any and all non-performance or delay in the performance of an order or as regards the sending of an order, which are caused by events outside of its control, such as:

INSURANCE

Dreem states that it has taken out, with an insurance company of reputed solvency, an insurance policy which covers any and all damages and losses for which it may be liable or which may be consecutive upon a Product defect in the territories of the United States, Canada, the United Kingdom and in Member States of the European Union.

PROOF UNDERSTANDING

You acknowledge and accept that your username and your password constitute proof of your identity and that the fact that you check the “I agree to the T&C” box when placing an order, and the details recorded by the Website and stored under reasonable security and integrity circumstances by Dreem and the sub-contractors thereof constitute proof of your agreement to the T&C set out herein, to all of the transactions and exchanges with Dreem and constitute your acknowledgment of your payment obligation.

DATA PROTECTION

The Customer’s personal data collection shall take place in accordance with the GCU. Collected data are kept for the period strictly necessary for the purposes defined by the GCU. As such, the data retention period is five (5) years from the date of order. At the end of this period, your personal data is either deleted or archived so that Dreem is able to meet its legal and regulatory obligations.
Your data is processed by the internal teams of Dreem as part of the customer relationship.
You can exercise your rights of access, rectification, opposition and deletion at any time, and define the fate of your data after your death by sending a letter or email, along with an identity document, to the following address: legal@dreem.com – Dreem 7-11 Boulevard Haussmann 75009 Paris- FRANCE.

APPLICABLE LAW AND COMPLAINTS

The T&C are drawn up in French and in English and is subject to French law.

The Parties agree that the United Nations Convention on Contracts for the International Sale of Goods (the Vienna Convention) dated April 11th, 1980 shall not be applicable. In the event that an order is placed by a Customer in a State located outside of the European Union, the Parties acknowledge and agree that the Convention of La Haye dated March 18th, 1970 on the Taking of Evidence Abroad in Civil or Commercial Matters shall apply.

For any problem, please first contact DREEM at the address below:

DREEM

7-11 Boulevard Haussmann 75009 PARIS- France

E-mail: support@dreem.com