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

Shall apply as of 15 02 2019

The Terms & Conditions of Sale set out herein are entered into between, firstly, the Corporation RYTHM Inc registered under the tax number 47-2982831, , and which is represented by the Chair thereof, Mr Hugo Mercier (hereinafter “Rythm Inc”), 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 Rythm Inc and you regarding the sale of physical goods (“Products”). The T&C, supplemented by the GCU available on www.dreem.com/en/terms, shall prevail over any and all other general or special terms and conditions which are not expressly agreed to by Rythm Inc.

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, Rythm Inc 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. Rythm Inc 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 Rythm Inc constitutes the entire proof of all transactions made between the Customers and Rythm Inc.

ORDERING

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 constitute 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 Rythm Inc via an email. A first email shall confirm the contractual information regarding orders and a second email shall provide you with a tracking number.

APPROVAL OF ORDERS

All orders are subject to acceptance by Rythm Inc.
Rythm Inc reserves the right not to accept your order for any and no reason including without limitation:

Unconditional acceptance of the T&C: Rythm Inc 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, Rythm Inc 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: Rythm Inc only accepts orders with billing and delivery addresses located in the countries mentioned on the Website.

You will receive an email from Rythm Inc once you have placed your order, this is an acknowledgement email. You will receive acceptance of your order through another email with shipping confirmation and information (shipping number, carrier information).

In the event of a refusal, 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.

PRICES AND PAYMENT

The prices of our Products are stated in U.S. dollars, they are subject to change at any time. To the contrary, the prices do not include any shipping and handling charges, or applicable taxes, which charges and if applicable, taxes shall be borne by the Customer and communicated to him/her before the order is placed. Local and/or import taxes may apply and such taxes shall be borne by the Customer. Rythm Inc shall not be held responsible for your failure to pay such taxes. In such a case you must bear any liabilities, interest, penalties or fees assessed against Rythm Inc.

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.

In the unlikely event the price of a Product is incorrect, we will reach out to you in order to know if you wish to continue with the order at the correct price or if you would rather cancel the order. We are not obliged to supply Products that are at an incorrect price even after you have placed the order.

The price shall be fully payable on the day the order is placed by the Customer or in accordance with the conditions of the Website when the Customer chooses the three-installment interest-free payment plan. Rythm Inc shall not be bound to supply the Products to you nor perform the services until your payment card issuer has authorized the transaction and the payment is duly complete. Rythm Inc 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), and warrants and confirms the card being used is his/hers or if not that he/she is authorized to place the order by the card holder.

Any tax, duty or other levies payable in respect of U.S. regulation shall be paid by the Customer. Rythm Inc reserves the right to suspend the order and delivery in case the three-installment interest- free payment plan is not respected.

OWNERSHIP AND RISK TRANSFER

Rythm Inc remains the owner of its Products until their full payment as well as all taxes and costs have been made.

The risks shall transfer from Rythm Inc to the Customer 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.)

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 Rythm Inc. Shipping events beyond Rythm Inc’s control may impact the Product’s delivery. Rythm Inc is not liable for late deliveries.
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 and any applicable taxes 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, Rythm Inc 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 and no later than 3 days following 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.

EXCHANGE, RETURNS AND REFUNDS

Customers may cancel orders prior to their shipping only, upon request by the Customer, made to the following email address: support@dreem.com. The Customer has the right to return and request a refund of the Product within fourteen (14) calendar days from the date of delivery. This period shall run as from the order delivery date (date as per postmark). In case of multiple orders, the withdrawal timeframe runs as from the delivery of the relevant Product.

You may return a Product within that timeframe by:

Shipping costs shall be prepaid by you and you shall support the shipping risks of the item(s) during its return. Please make sure the return address is clearly displayed and that the package is securely sealed. 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, Rythm Inc reserves the right to refuse the refund or to reduce the amount of the refund.

These provisions shall only apply to a private and non-commercial use of the Product. 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 Rythm Inc shall not be guaranteed.

The Product shall be returned according to Rythm Inc’s instructions and requirements for shipment and Rythm Inc reserves the right to reject any Product that isn’t returned in accordance with these terms.

WARRANTY

Rythm Inc offers its Customers a two-year limited warranty. Customers may have other legal rights which vary from State to State. Rythm Inc does not exclude, limit or suspend those rights including those that arise from nonconformity of a sales contract. Rythm Inc’s limited warranty is in addition to all those rights. Rythm Inc warrants its Products against defects in material and workmanship when used normally in accordance with Rythm Inc’s guidelines (including without limitation: technical specifications, user manuals, etc.). Rythm Inc will not be held liable for damages arising from failure to follow those guidelines when using the Products.

If the Product or Products received are affected by a defect in material or workmanship, you must first contact the support department, at: support@dreem.com and follow the provided instructions.

You will be required to provide proof of purchase and information regarding the defect to facilitate with diagnosis of the issue.

In case of the appearance of a material or workmanship defect, Rythm Inc will at its discretion:

Parts and labor regarding the repairs and replacements of the Product will be made at no charge to the Customer. Moreover, Rythm Inc will bear all shipping costs provided shipping remains within the same country the Product was delivered (Hawaii excluded). However, the Customer will bear all custom fees.

If you should have any other questions concerning warranties, please contact Rythm Inc at the following address: support@dreem.com

WARRANTY DISCLAIMER

Any warranty claims shall be forfeited, in such cases:

RYTHM INC’S LIMITED WARRANTY IS EXCLUSIVE OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED OR STATUTORY INCLUDING ANY LIABILITY ARISING UNDER ANY WARRANTY OF UTILITY FITNESS FOR ANY PARTICULAR PURPOSE OR MERCHANTABILITY OR OF ANY OTHER TYPE AND FURTHER THAT NO WARRANTIES OF ANY SORT ARE MADE HEREUNDER EXCEPT THE LIMITED WARRANTY EXPRESSLY STATED ABOVE.

LIMITATION OF LIABILITY

RYTHM INC REMINDS ITS CUSTOMERS THAT THE PRODUCTS THAT ARE SOLD ON RYTHM INC‘S WEBSITE ARE COMPLIANT WITH LOCAL APPLICABLE LAWS AND REGULATION APPLICABLE IN THE COUNTRIES IN WHICH THE PRODUCTS ARE DELIVERED. THEREFORE, RYTHM INC 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. RYTHM INC 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.

RYTHM INC 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. IT IS THE CUSTOMER’S RESPONSIBILITY TO CHECK WITH THE LOCAL AUTHORITIES, WHETHER THE PRODUCTS CAN BE IMPORTED AND USED OR NOT. RYTHM INC DISCLAIMS ANY AND ALL LIABILITY IN THE EVENT ANY DAMAGE IS CAUSED BY THE CUSTOMER OR ANY THIRD PARTY.

RYTHM INC DISCLAIMS ANY AND ALL LIABILITY IN THE EVENT OF A BREACH OF ONE OF ITS CONTRACTUAL OBLIGATIONS CAUSED BY ANY CIRCUMSTANCES BEYON RYTHM INC‘S REASONABLE CONTROL. ALL OTHER PROVISIONS SHALL REMAIN IN FULL FORCE AND EFFECT. THE FOLLOWING ARE, IN PARTICULAR, DEEMED TO BE CASES OF SUCH CIRCUMSTANCES: 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:

PROOF OF MISUNDERSTANDING

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 Rythm Inc 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 Rythm Inc 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 Rythm Inc is able to meet its legal and regulatory obligations.
Your data is processed by the internal teams of Rythm Inc 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 – Rythm Inc, 16192 Coastal Hwy Lewes DDE 19958 USA Dreem 7-11 Boulevard Haussmann 75009 Paris- FRANCE.

APPLICABLE LAW AND COMPLAINTS

The T&C and any action related thereto shall be governed, controlled, interpreted by and in accordance with the United States law and laws of the State of Delaware, applied without regard to conflict of law principles.

The applicability of the United Nations Convention on Contracts for International Sale of Goods is hereby excluded.

For any problem, please first contact Rythm Inc at the addresses below:

RYTHM INC
16192 Coastal Hwy
Lewes DE 19958 USA

OR

E-mail: support@dreem.com