Online purchases from Rythm.
General Terms & Conditions of Sale and of Refund (“Terms & Conditions”).

The Terms & Conditions of Sale set out herein are entered into between, firstly, the French simplified joint-stock company (SAS) Rythm, which has share capital of €44,068.03, 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 5 Ru)e Scribe, 75009 Paris, France, and which is represented by the Chair thereof, Mr Hugo Mercier (hereinafter “Rythm”), and secondly, any and all physical person who has full legal capacity (hereinafter the “Customer” and “you”).

General Terms & Conditions of Sale

The General Terms & Conditions of Sale define the contractual relations between Rythm and you as to the sale of the Products of Rythm. The General Terms & Conditions of Sale, supplemented by the General Terms & Conditions of Use dreem.com/en/terms and the Confidentiality Policy dreem.com/en/privacy of Rythm shall prevail over any and all other general or special terms and conditions which are not expressly agreed to by Rythm.

The General Terms & Conditions of Sale apply to all the Products offered for sale on the Website, for the whole period of time for which the Website is online.

Given that the Website and regulations may change, Rythm reserves the right to amend its General Terms & Conditions of Sale at any time. Said amendments shall be applicable as soon as they are put online. All new General Terms & Conditions of Sale replace the previous terms and conditions. However, a given order is subject to the version of the General Terms & Conditions of Sale applicable at the time of said order. We recommend that you consult the General Terms & Conditions of Use frequently, in particular the General Terms & Conditions of Sale set out herein, and that you save the latter on a durable medium.

Refusal to agree to the General Terms & Conditions of Sale means that you cannot enter into a sale agreement. Rythm reserves the right to refuse orders from Customers who do not agree to or who do not comply with the General Terms & Conditions of Sale, and such Customers shall not be entitled to claim any compensation in this respect. The General Terms & Conditions of Sale are available on the Shop page, which is at the address shop.dreem.com

Products

Rythm offers the Products listed on the Website for sale. Rythm 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.

Ordering process and the formation of an agreement

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

Orders are placed using the Website. You undertake to read the description of all the Products. You shall then be asked to read the General Terms & Conditions of Sale, to agree to them unconditionally and to expressly acknowledge your payment obligation.

You shall access the payment interface to pay the total amount for your order.

A sale is deemed to have been completed when you have carried out final approval and payment. All orders that are paid for infer agreement to the General Terms & Conditions of Sale, supplemented by the General Terms & Conditions of Use dreem.com/en/terms and the Confidentiality Policy dreem.com/en/privacy of Rythm, and to the prices and descriptions of the Products.

Orders shall be confirmed by email by Rythm. A first email shall serve to 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 which shall be borne by you. Rythm reserves the right to change the prices of the Products which are displayed on the Website at any time, and to correct, prior to finalisation of an order, price errors which may have taken place.

Approval of orders by Rythm

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

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 for the order, by means of the payment method used by you (bank card or PayPal), within a maximum timeframe of 14 (fourteen) days.

Any changes in the VAT rate and any and all new taxes may affect prices.

Invoicing and payment

The Products are invoiced based on the prices which apply at the time an 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 shall take place by means of bank card or via PayPal.

Invoices shall be paid in dollars (USD) or in euros (EUR).

The Products remain the property of Rythm until the price of them is paid in full.

Cancelling orders

Customers may cancel orders prior to the shipping thereof, upon request by the Customer, made to the following email address: support@rythm.co.

Delivery

You shall be advised, after your order is finalised, of the date on which the Product shall be delivered to you. The delivery date varies depending on the shipping method chosen and on the delivery address. Said date merely constitutes an estimated delivery date, which is determined in line with the usual average timeframes, which in turn take into account the time required both for processing an order and the time required for delivering an order. Rythm cannot be held liable for the consequences which arise out of a transport delay which is ascribable to the transport company, in particular in the event of a strike.

An email is sent to you when the Products are shipped. It restates the delivery timeframe.

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, then the delivery timeframe is based on the later of the said dates. However, Rythm reserves the right to split orders into multiple parcels. In this eventuality, an email shall be sent to you beforehand. A portion of processing and shipping costs shall only be invoiced on the basis of a single parcel.

Delivery is deemed to have been made when the transport company provides you with your order. Said provision is established by the IT system used by the transport company.

We recommend that you check the Products which make up your order, at the time of receipt, and in the event that a Product is delivered and is not compliant (i.e. the wrong product was sent, the product is defective, damaged or incomplete, etc.), we recommend that you supply details of your complaint in writing at the time of delivery, to the transport company.

Provisions specific to pre-orders

We shall sometimes have cause to enable you to order certain Products in advance, before their Launch Date. Thus, the Launch Date is the date on which a given Product can be ordered on our Website by all internet users (hereinafter the “Launch Date”). By so proceeding, we give you the option of receiving certain Products first and we undertake to deliver them to you on a priority basis, unless your payment was refused.

By pre-ordering a given Product, you undertake to pay the price of that Product. If it appears that we can no longer charge you said price by means of the payment method (bank card or PayPal) which you chose, we shall put the Product aside for a period which we shall indicate to you in the emails which we shall send to you to inform you of this situation. Unless another order is placed by you in the timeframe which we shall indicate to you in the emails which we shall send to you to inform you of this situation, we shall be forced to cancel your pre-order. You shall then only be able to order the Product on the Launch Date thereof.

No Product can be shipped or delivered to you without a payment being made by you. All cancellations of pre-orders shall only give rise to the Price being refunded to you, if the Price was deducted from your account with your agreement.

Thus, by placing a pre-order, you shall benefit from all the rights which are granted to you under the Terms & Conditions set out herein. This is why we consider that the shipping date of the Product must be deemed to constitute the date of your order.

Shipping costs

Several methods of transport may be offered to you when you place your order.

Shipping costs vary in line with the weight of your order, with the shipping address and with the method of transport chosen.

The total amount of shipping costs is indicated at the time of your order. You shall bear the full amount of shipping costs.

Right of withdrawal

You have a period of 30 (thirty) days in which to exercise your right of withdrawal, and you do not have to provide a reason for your decision. The period begins upon receipt of the Product or Products.

You can exercise your right of withdrawal, prior to expiry of the timeframe set out in the preceding paragraph, by sending an email to Rythm, using the email address support@rythm.co, or by means of any other statement which expresses your desire to withdraw from the agreement.

Once you have exercised your right of withdrawal, you have a maximum timeframe of 30 (thirty) days following communication of your decision to withdraw from the agreement to return the Product or Products to Rythm. Shipping costs shall be borne exclusively by you. You shall be refunded the totality of the sums you paid, excluding delivery costs, within a maximum period of 14 (fourteen) days from the date on which Rythm receives the Products or the date on which you supply to Rythm proof of sending as regards the Product or Products, and the date employed shall be the first of the two.

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.

Guarantees

The Products are guaranteed against hidden defects, as defined in articles 1641 et seq. of the French Civil Code, and likewise against lack of conformity, as defined in articles L. 211-4 et seq. of the French Consumer Code. The starting point of this guarantee is the delivery date.

If the Product or Products you receive are affected by a hidden defect or by a lack of conformity, then you can send back the defective and/or non-conform Products to Rythm, having first contacted the support department, for an exchange or for a refund of the price and of the postage and packing 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 guarantees, please contact Rythm at the following address: support@rythm.co.

Purchases made from abroad

The Website can be used from abroad. Rythm offers its Products for sale in the United States, in Canada, in the United Kingdom and also in all countries which are part of the European Union.

The sale of the Products in the country in which you live can however be subject to a specific framework. Rythm 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 Rythm. 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.

Liability

Rythm disclaims any and all liability in the event of a breach of one of its contractual obligations which is consecutive upon an unforeseen circumstances or a force majeure case as defined by the French courts. 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:

The performance of the General Terms & Conditions of Sale shall be suspended for the whole duration of a case of force majeure, which entails an extension of the performance and delivery timeframes by the same duration.

Insurance

Rythm represents that it has taken out, with an insurance company of reputed solvency, an insurance policy which covers any and all damage 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 General Terms & Conditions of Sale” box when placing an order, and the details recorded by the Website and stored under reasonable security and integrity circumstances by Rythm and the sub-contractors thereof constitute proof of your agreement to the General Terms & Conditions set out herein, to all of the transactions and exchanges with Rythm and constitute your acknowledgment of your payment obligation.

Data protection

Your personal data is subject to automatic processing implemented by Rythm relating to (i) customer management (identification of customers, order processing, claims processing, invoicing) and (ii) the performance of commercial prospecting operations.

The communication of this data conditions the placing and processing of your order. In the absence of this data, your request will not be processed by Rythm.

Data is kept for the period strictly necessary for the purposes defined above. 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 Rythm is able to meet its legal and regulatory obligations.

Rythm undertakes not to use this data for any other reason and to take all necessary precautions to ensure its security and confidentiality.

Your data is processed by the internal teams of Rythm. In addition, only service providers and their limitatively authorised staff are authorised to access your data, in view of the specific services entrusted to them and which they must carry out for the exclusive account of Rythm in strict compliance with their obligations, in particular as regards security and confidentiality.

In addition, when the regulations in force so require, Rythm may transmit your data to organisations and authorities legally authorised to access it (in particular judicial and administrative authorities).

In accordance with the French Data Protection Act (Loi Informatique et Libertés), no. 78-17, of 6 January 1978, the processing of the personal data of Customers for which Rythm is responsible has been declared to the Commission Nationale de l’Informatique et des Libertés (CNIL, the French data protection agency) which issued a receipt for said declaration, numbered 1943967 V0, dated 31 March 2016.

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@rythm.co – Rythm 5 rue Scribe 75009 Paris.

Customers can exercise their rights to access their personal data, to amend it, to correct it and to have it deleted, by sending a letter or an email, with a proof of identity enclosed or attached, to the following address: legal@rythm.co.

Complaints and applicable law

The agreement is drawn up in French and in English and is subject to French law.

TThe Parties agree that the United Nations Convention on Contracts for the International Sale of Goods (the Vienna Convention) of 11 April 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 18 March 1970 on the Taking of Evidence Abroad in Civil or Commercial Matters shall apply.

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

RYTHM

5 Rue scribe 75009- France

e-mail: support@rythm.co

According to Article L612-1 of the French Consumer Code, "Any consumer has the right to have recourse, free of charge, to mediation in order to amicably settle a consumer dispute with a trader.” Disputes falling within the scope of Article L612-1 of French Consumer Code are the disputes defined in Article L611-1 of the French Consumer Code namely, contractual disputes, relating to the performance of a contract for the provision of services between a consumer and a trader. The text covers domestic disputes and cross-border disputes.

Pursuant to Article L. 152-1 of the French Consumer Code, you can use MEDICYS mediation services to which we are subject for free, electronically at www.app.medicys.com or by post at the address: MEDICYS - 73 Boulevard de Clichy - 75009 PARIS. For cross-border disputes, the European Consumer Center France is the appropriate mediator: www.europe-consommateurs.eu

The User may be assisted by a counsel, at his own expense.

In the event of a dispute regarding the interpretation, the validity or the performance of the agreement, the courts in Paris (France) shall be the only courts competent to hear such cases.