Terms and Conditions

Seller

Samuel Kulik
Vážska 3568/39
921 01 Piešťany

IČO 54776881
DIČ 1128428829
OU-PN-OZP-2022/007414-2
trade register number 230-23129

IBAN: SK39 7500 0000 0040 2965 7928

phone number: +421909237267
e-mail: info@dreamswithoutsleep.com

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1. Basic information
   
   The purpose of these terms and conditions is to define and specify the rights and obligations of the Seller on the one hand and the Buyer on the other. The buyer is a consumer – a natural person who, when concluding and performing a consumer contract, is not acting within the scope of his business activity of employment or profession.

Relationships not regulated by these terms and conditions are subject to the relevant provisions of the Civil Code, the Act, Act No. 22/2004 Coll. No. 128/2002 Coll. No. 284/2002 Coll. on State Control of the Internal Market in Consumer Protection Matters and on Amendments and Additions to Certain Acts, as amended by Act No. 284/2002 Coll. as amended and Act No. 102/2014 Coll. on consumer protection in distance selling.

Purchases made by a business entity are governed by the Commercial Code No. 513/1991 Coll.

These terms and conditions apply to contracts concluded at a distance through the dreamswithoutsleep.com e-shop and through e-mail communication between the seller and the buyer according to the Consumer Protection Act No. 102/2014 Coll. The supervisory authority for consumer protection is the SOI Inspectorate for the Trnava Region, Pekárska 23, 917 01 Trnava.

2. Order and conclusion of the contract
   
   Sending a completed order by the buyer is considered as a proposal for the conclusion of a contract under the Civil Code, based on the seller’s e-shop offer. The conclusion of the contract occurs upon confirmation of the order by the Seller.
   
3. Price of the goods
   
   All prices of products in dreamswithoutsleep.com e-shop are final. The Seller is not subject to VAT. The price of the product includes delivery costs.
   
4. Delivery of goods
   
   Ordered and paid goods, as well as goods with payment on delivery, will be sent by the seller to the buyer within 10 working days. If for any reason the Seller cannot meet this deadline, the Seller shall immediately notify the Buyer of this fact.

The goods shall be deemed to have been accepted by the Buyer at the time when the Buyer or a third party designated by the Buyer (other than the carrier) accepts all parts of the ordered goods or, if the products ordered by the Buyer in one order are delivered separately, at the time of acceptance of the goods which have been delivered last.

Reservation of goods with the choice of payment by bank transfer is 3 working days from the date of ordering. In the event that the Buyer fails to pay for the goods within this period, the Seller has the right to cancel the order. The deadline may be extended by agreement between the seller and the buyer.

5. Payment for the goods
   
   The Seller accepts payment for the ordered goods in the following ways:

-payment in advance to a bank account (payment by bank transfer)
– online payment through a payment gateway
– online payment via PayPal
– payment on receipt of goods

By sending the order, the buyer is obliged to pay the seller the price for the ordered goods.

6. Complaints Procedure

For the purposes of these Complaints Regulations, the Buyer is understood to be a natural or legal person who has entered into a contract of sale with the Seller and has purchased goods from the Seller in the online shop operated by the Seller.

The warranty period for new goods is 24 months and runs from the receipt of the goods by the Buyer. The warranty period for used goods is 12 months. Proof of purchase is sufficient to make a claim. The Seller is liable for defects that the goods have upon receipt by the Buyer.

In the case of a natural person, this Complaint Procedure is supplemented by the provisions of Act No. 40/1964 Coll., the Civil Code, Act No. 250/2007 Coll. on Consumer Protection, as well as related regulations, as amended. In the case of a legal entity, this Complaints Procedure is supplemented in the alternative by the provisions of Act No. 513/1991 Coll., the Commercial Code, as amended, and related regulations.

If the goods have a defect that can be rectified, the buyer has the right to have it rectified free of charge, in a timely, proper and without undue delay, unless the exceptions mentioned below apply. The Buyer may require replacement of the goods instead of rectification of the defect, provided that the Seller does not incur disproportionate costs in relation to the price of the goods or the seriousness of the defect. The seller may always replace the defective goods with faultless goods instead of removing the defect, if this does not cause serious inconvenience to the buyer. If there is a defect which cannot be remedied and which prevents the goods from being properly used as free from defect, the buyer has the right to have the goods replaced or to withdraw from the contract. The same rights shall apply to the buyer if the defects are remediable but the buyer cannot properly use the goods due to the recurrence of the defect after repair or due to a greater number of defects. If there are other irremediable defects, the buyer is entitled to a reasonable discount on the price of the goods. In the case of replacement of the goods, the warranty period starts again from the receipt of the new item.

The Seller may always refund to the Buyer all payments for the goods and the fees associated with their delivery and payment in lieu of other means of resolving the complaint.

The Buyer shall not have the right to claim warranty for defects of which the Seller was aware at the time of conclusion of the contract or of which, taking into account the circumstances under which the contract of sale was concluded, the Buyer should have known.

The buyer’s right to claim the warranty from the seller shall be extinguished:
Failure to produce proof of payment, delivery note or warranty certificate, accessories or documentation of the goods,
failure to notify obvious defects on receipt of the goods,
the expiry of the warranty period of the goods,
mechanical damage to the goods caused by the purchaser,
use of the goods in conditions which do not correspond to the natural environment in terms of humidity, chemical and mechanical influences,
unprofessional handling, operation or neglect of the care of the goods,
damage to the goods by excessive loading, or use contrary to the conditions specified in the documentation, general principles, technical standards or safety regulations in force in the Slovak Republic,
damage to the goods caused by unavoidable and/or unforeseeable events,
Unprofessional intervention, damage during transport, damage by fire, static or atmospheric electricity or other acts of God,
Wear and tear related to the use of the product (e.g. a reasonable reduction in the colour saturation of the print) shall not be considered a defect in the product.

In the event of a complaint, the Seller shall determine the method of handling the complaint within 3 working days of the date of the complaint. In justified cases, if a technical assessment of the condition of the product is required, no later than 30 days from the date of the complaint. Once the method of handling the complaint has been determined, the complaint shall be handled immediately; in justified cases, the complaint may be handled later, but not later than 30 days. After the expiry of the time limit for processing the complaint, the buyer has the right to withdraw from the contract or has the right to exchange the goods for a new one.

If the Buyer has made a claim for a product within the first 12 months of purchase, the Seller may only reject the claim on the basis of a professional assessment. Regardless of the outcome of the professional assessment, the Seller shall not require the Buyer to pay the costs of the professional assessment or any other costs related to the professional assessment. The Seller shall provide the Buyer with a copy of the professional assessment of the rejection of the claim no later than 14 days from the date of the settlement of the claim. If the Buyer has made a claim for the product after 12 months from the purchase and the Seller has rejected it, the Seller shall indicate in the document on the handling of the claim to whom the Buyer may send the product for expert assessment. If the product is sent to a designated person for expert assessment, the costs of the expert assessment as well as all other related costs reasonably incurred shall be borne by the seller regardless of the outcome of the expert assessment.If the buyer proves the seller’s liability for the defect through the expert assessment, the buyer may reassert the claim. The warranty period shall not expire while the professional assessment is being carried out. The Seller is obliged to reimburse the Buyer within 14 days from the date of the reasserted claim for all costs incurred for the expert assessment as well as all related costs reasonably incurred. The reasserted claim cannot be rejected.

The Seller is obliged to issue a confirmation to the Buyer when the claim is made. If the claim is sent by email, the Seller is obliged to deliver the confirmation of the claim to the Buyer without undue delay, but at the latest together with the proof of the claim. The confirmation of the claim does not have to be delivered if the Buyer is able to prove the claim in another way.

The settlement of the complaint shall be understood as the termination of the complaint procedure by handing over the repaired product or replacing it, refunding the purchase price of the product, paying a reasonable discount on the price of the product, a written invitation to take over the performance or a reasoned refusal.

7. Return of goods – Withdrawal from the contract without giving a reason

The buyer – natural person (consumer) has the right to withdraw from the contract without giving any reason within 14 days from the date of receipt of the goods.
The goods shall be deemed to have been accepted by the Buyer at the moment when the Buyer or a third party designated by the Buyer (except the carrier) accepts all parts of the ordered goods or, if the products ordered by the Buyer in one order are delivered separately, at the moment of acceptance of the goods that were delivered last.
The buyer may also withdraw from the contract before the withdrawal period has started.
The Buyer may not withdraw from a contract subject to which:
– the sale of goods made to the consumer’s specific requirements, custom-made goods or goods intended specifically for a single consumer,
– the sale of goods subject to rapid deterioration or perishability,
– the sale of goods enclosed in protective packaging which are not suitable for return for health or hygiene reasons and whose protective packaging has been broken after delivery,
– the sale of sound recordings, pictorial recordings, phonograms, audio-visual recordings, books or computer software sold in protective packaging if the consumer has unwrapped that packaging.
The Buyer may exercise the right of withdrawal in writing by sending a completed “Withdrawal from Contract” form by post to the Seller’s address or by email to info@dreamswithoutsleep.com. The form is available at www.dreamswithoutsleep.com/wp-content/uploads/2022/08/Odstupenie-od-zmluvy.pdf. The right of withdrawal may be exercised by sending a notice of withdrawal no later than the last day of the 14-day period.

Upon receipt of the notice of withdrawal, the Seller shall reimburse the Buyer within 14 days at the latest for all payments received from the Buyer under or in connection with the Contract, including delivery and other charges. This does not apply to additional costs, which means the difference between the cost of delivery chosen by the buyer and the cost of the cheapest method of delivery offered by the seller.
The Seller shall refund the payment in the same way as the Buyer used for his payment. The Buyer may also agree with the Seller a different method of refund.

Upon withdrawal from the contract, the seller is not obliged to refund the buyer’s payment before the goods are returned to the buyer. The Buyer is obliged to send back the goods or hand them over to the Seller or a person authorised by the Seller to take over the goods within 14 days of the date of withdrawal from the contract at the latest. This time limit shall be deemed to have been observed if the goods have been handed over for shipment no later than the last day of the time limit.

In the event of withdrawal from the contract, the buyer shall bear only the costs of returning the goods to the seller or to the person authorised by the seller to take delivery of the goods, as well as the costs of returning goods which, due to their nature, cannot be returned by post.

The Buyer shall be liable for any diminution in the value of the goods resulting from handling of the goods which goes beyond that necessary to ascertain their characteristics and functionality. The buyer is required to handle and inspect the goods with due care during the withdrawal period. The buyer shall have the opportunity to test the functionality of the goods after delivery, but may not use the goods if he withdraws from the contract. The goods should be returned by the buyer with the original tags or other means of protection or identification. In order to ascertain the nature, characteristics and functionality of the goods, the consumer should only handle and inspect the goods in the same way as would be possible in a physical shop shop.

8. Alternative Dispute Resolution
   
   The Buyer (consumer) has the right to contact the Seller with a request for redress (by email to info@dreamswithoutsleep.com) if he/she is not satisfied with the way the Seller has handled his/her complaint or if he/she believes that the Seller has violated his/her consumer rights. If the Seller responds to this request in a negative manner or fails to respond within 30 days of sending it, the consumer has the right to submit a proposal for the initiation of an alternative dispute resolution to an alternative dispute resolution entity (hereinafter ADR entity) pursuant to Act 391/2015 Coll. ADR entities are authorities and authorised legal persons pursuant to §3 of Act 391/2015 Coll. The list of ADR entities can be found on the website of the Ministry of Economy of the Slovak Republic www.mhsr.sk. The consumer may submit a proposal in the manner specified under §12 of Act 391/2015 Coll.

The consumer may also file a complaint through the alternative dispute resolution platform RSO, which is available online at http://ec.europa.eu/consumers/odr/index_en.htm. Alternative dispute resolution can only be used by a consumer – a natural person who is not acting within the scope of his/her business, employment or profession when concluding and performing a consumer contract. Alternative dispute resolution applies only to a dispute between a consumer and a seller arising out of or relating to a consumer contract.

Alternative dispute resolution shall apply only to distance contracts and shall not apply to disputes where the value of the dispute does not exceed EUR 20. The ADR entity may require the consumer to pay a fee for the initiation of ADR up to a maximum of EUR 5.

9. Protection of personal data
   
   Information on the protection and processing of personal data is provided in the Privacy and GDPR section. The Buyer acknowledges that it is obliged to provide the Seller with personal data in a correct and truthful form and is also obliged to inform the Seller of any changes to its personal data.

These Terms and Conditions shall come into force between the Seller and the Buyer upon the conclusion of the Purchase Contract.