GENERAL CONDITIONS FOR ONLINE SALE
These General Conditions govern the sale of products featured on this website owned by SUEÑOS LOGÍSTICA, S. L. (with head office in C/ Cal Gerrer 10-12 (08191) of Rubí (Barcelona) Corporate Tax Id (CIF) B64035801.
Tel: 93 563 28 32.
Contact email firstname.lastname@example.org.
Opening hours Monday to Friday from 9 a.m. to 7 p.m.
The sale is understood as made at our registered office and a purchase using this portal implies acceptance of the general conditions.
The contracting language is Spanish.
DORMITY shall file the electronic documents in which the contract is formalised.
1.1.- The delivery date shall be indicated by Dormity.com from the confirmation of payment in our bank account, and shall be set according to product, sizes and place of delivery.
1.2.- Only 100% paid goods shall be delivered.
1.3.- The delivery of the product shall be notified to the customer via SMS or phone call.
1.4.- Products shall be delivered on the indicated date, unless the customer wants the goods to be delivered to them after the scheduled date.
In orders where the delivery is held back by the customer, they must notify Dormity.com when they wish the goods to be delivered, with a minimum notice period of one week.
Notwithstanding the foregoing, the delivery of the product cannot be held back for more than two months from the order date.
If this two month period expires then it shall be understood that the order is cancelled and the customer shall automatically lose the amount of 50.- Euros per product, covering with this the management of the delivery and the cancellation.
1.5.- The transport company shall carry out deliveries from Monday to Saturdays, which are not public holidays, in the morning or afternoon (depending on the delivery route set out for that town), always agreeing the availability with the customer.
1.6.- If the delivery shows damage due to transport, the customer must indicate the anomalies in the carrier’s delivery bill.
No claims can be filed after 24 hours from the receipt of the goods for this reason.
Any claim for damage in transport must be addressed to Dormity.com in the maximum term indicated.
1.7.- Remember to never throw away the packaging of the products until checking that they are in perfect condition and checking that they match the order.
As a matter of hygiene, rest products shall not be refunded or exchanged once their plastic sleeve is removed, except those that have manufacturing defects.
1.8.- The price of the products include VAT, transport and delivery to the address.
However, in certain products, where they do not reach the minimum of €300, an extra €25 shall be charged for transport costs.
1.9.- It is the customer’s responsibility to check that the products can be installed in the desired location.
In order that the goods can be properly installed, it is respectfully requested that the place in which they must be placed is cleared when the carrier arrives.
1.10.- If the customer has requested that old products be taken away, the carrier shall also at the same time collect products that are equivalent to those the customer has purchased.
These products must be unassembled and ready for removal.
Other products or parts of furniture shall never be taken away using this service, such as: structures, footboards or headboards.
Articles taken away shall be discarded and shall never be taken to any other address provided by the customer.
The need for this collection service should be indicated when the order is placed and, in never, during the delivery. If this has not been previously notified, the carrier shall not remove any material or furniture of the customer.
1.11.- Articles purchased shall be taken up by the transport service to the customer’s address, if possible. If that is not possible, they shall be left on the street, at the entrance of the house or building.
The transport service is not authorised to lift or lower any product using the façade or the outside of buildings. Pulleys or similar mechanisms can also not be used to lift or slide products on the stairs or other interior spaces.
The customer shall be responsible for checking that the products can fit into the lift or the stairwell, both for the service to bring them to the home as well as for their removal.
If not, an additional service of lifting or lowering using the façade can be contracted, at a cost of €140.
2.- CANCELLATION AND CHANGE:
2.1.- The customer shall have 14 calendar days from the receipt of the product to exercise his/her right to cancellation for online purchases.
In this case they should contact Dormity.com within that period in order to proceed to initiate the returns process.
2.2.- The product to be returned must be in perfect condition at the time of collection, maintaining its original sealed packaging.
As a matter of hygiene, rest products shall not be refunded or exchanged once their plastic sleeve is removed, except those that have manufacturing defects, according to the guarantees.
How to proceed for the cancellation or refund: You have the right to cancel this contract within 14 calendar days without giving any reason. To exercise the right to cancel, you must inform us of the decision to cancel the contract through an unequivocal statement by e-mail to email@example.com
If you wish, there is a sample form in paragraph B of the Annex to this regulation https://www.boe.es/diario_boe/txt.php?id=BOE-A-2014-3329 (Available only in Spanish)
We shall give an acknowledgement of receipt.
You should return or hand over the goods immediately, without undue delay and in any case no later than within 14 calendar days. The deadline shall be considered as met if the goods are sent back before this period has expired.
In the event of cancellation, we shall refund all payments received, except as provided in the following clause, no later than 14 calendar days from the date on which you inform us of your decision to cancel this contract. We shall carry out this refund using the same means of payment used for the initial transaction, unless expressly agreed otherwise; in any event, you shall not incur any fees as a result of this refund.
We shall be able to retain the refund until we have received the goods, or until a proof of their return has been submitted, depending on what condition is met first.
2.3.- In cases of cancellation the customer must only be charged for the transport and administrative costs of the product (25% on the RRP of the product), provided that the return was for reasons beyond Dormity.com’s control and the product needed transport, due to its size.
2.4.- If the customer bought a standard size mattress (90×190, 105×190, 135×190, 150×190, 150×200, 160×200 and 180×200), they can change it once in the period of 30 calendar days from purchase.
It shall be an essential condition that the product is in perfect conditions, with its original sealed packaging.
The customer shall have to show the purchase invoice, fill in a form and pay 50.- Euros as a management charge for the collection of the old mattress.
If that chosen is at a lower price than the first, the difference shall not be returned. If it is at a higher amount the customer shall have to pay the difference.
2.5.- Products with special measurements (non-standard) or manufactured specifically for the customer, or acquired in the sale, or in liquidation, and twin mattresses cannot be cancelled or changed, with the exception of exercising the legal guarantee, if appropriate.
3.1.- All products have a 2 year guarantee for manufacturing defects, according to Law – Royal Legislative Decree 1/2007, of 16 November, approving the consolidated text of the General Law for the Defence of Consumers and Users and other additional legislation-.
3.2.- The guarantee start date is contained on the product purchase invoice and the customer must show the original invoice to claim it.
3.3.- Once the existence of a manufacturing defect in the product has been verified, Dormity.com shall proceed to the repair of the product or if applicable its replacement. If both solutions were not possible, the customer may request the proportional reduction of the price and if the defect was serious, the termination of the contract.
3.4.- The guarantee includes: the transport service for pick-up and delivery of the product and its repair or, if applicable, the replacement of the defective product for another equal or equivalent one.
The collection of the product must be at the same address as it was delivered. It shall be the responsibility of the customer to transport the goods to the delivery address, if applicable.
3.5.- The guarantee for moisture spots on mattresses only covers the first 6 months from the delivery of the product. If this is a manufacturing problem, these spots appear during the first 15 days or, at most, the first month.
A stain that appears after 6 months of mattress use can be due to many factors that are external to the product, as for example, humidity problems in the room, high sweating or misuse of the mattress.
3.6.- It shall not be considered as faulty if it is seen that the product’s conditions of use have not been followed.
4.- CONDITIONS OF USE:
4.1.- Mattresses that incorporate a core made up entirely of latex shall not be guaranteed when used on upholstered bases, bed bases with laminated, or carbon fibre slats or other surfaces that do not allow them to breath.
Nor can they have protectors or covers which prevent the ventilation of the mattress.
4.2.- Latex or memory foam mattresses cannot be put on varnished or melanin bases, given that this type of bases favour the emergence of dampness on the mattress.
4.3.- Memory foam mattresses must be placed preferably on slat bases or upholstered bases.
If they are placed on another type of surfaces, such as for example built in beds, tatami mats, etc., care should be taken to maximise the ventilation of the rest equipment, since these types of supports hinder the proper aeration of the mattress and moisture stains may appear.
4.4.- None of the mattresses sold on Dormity.com may rest on spring bases, and the guarantee will be invalid if these are used.
4.5.- Adjustable slat bases shall not be valid for sprung mattresses. The adjustment of any mattress should always be done from the completely flat position and with the person lying on the mattress. Never sit on parts that have been adjusted.
4.6.- Bed bases, depending on their size, support a maximum body weight, regardless of the fact that there are one or several persons on it. In individual sizes from 67 cm up to 105 cm wide, the maximum weight is 120 kg. For bed bases that are 135 or 150 cm wide, the total weight of the bed’s occupants shall be 180 kg. Finally, in twin bed bases, formed by two sections from 67 cm up to 105 cm this shall not exceed 120 kg in each one of the mattress sections.
4.7.- Products are manufactured to withstand temperatures and standard humidity, please avoid that they endure extreme situations.
4.8.- Strictly follow the maintenance instructions included in the QR code of the product.
4.9.- With regard to tolerance in the measurements, the products conform to the contents of Standard UNE-EN 1334.
5.1.- Colours and shades shown may vary depending on the monitor in which they are displayed. The colour of the main picture may not be exact, due to the variations produced by lighting.
5.2- Latex and memory foam mattresses can suffer slight variations of firmness, depending on the material batch with which the product is manufactured, so for this reason two units of the same mattress model may display a different feeling of firmness.
5.3- Products can sometimes emit strong odours when unpacked due to the packaging used However, in no case shall they be harmful to health and disappear a few weeks after unpacking.
5.4.- Mattresses need a period of adaptation to their user, as they are fibres and possible irregularities and initial bumps should disappear once the compaction time is completed.
6.- PERSONAL DATA
When you place your order, Dormity.com undertakes not to disclose your personal details, except to the transport company or logistics platform of the manufacturer to carry out its delivery.
For the purposes of the provisions of Organic Law on Personal Data Protection, we inform you that the personal data that you provide us with shall be incorporated into a file which shall only be used by Dormity (Sueños Logística S.L.), in order to be able to manage and control the deliveries requested, as well as process the corresponding invoicing as appropriate. We also inform you that in order to comply with the quality commitments with the customer, once in a while we carry out a survey aimed at rating satisfaction with the product purchased at Dormity. These surveys are conducted by phone and no further personal information is included in them. In the event that you do not wish to take part in the survey, please inform us via our customer service 902 420 440. In the event that you agree to it, you can exercise your rights of access, rectification, cancellation or opposition by contacting, under the terms that the Law and its Applicable Regulations determine, at the Dormity head office, in Avda. Via Augusta, 85-87 of St. Cugat del Vallès, or by contacting our customer service or using our website www.dormity.com.
7.- CUSTOMER SERVICE:
The user can send an email to the address firstname.lastname@example.org for any incident or claim.
As a CONSUMER you can request claims sheets at our registered office or download them on http://www.consum.cat/doc/doc_62342195_2.pdf (Available only in Spanish)
8. APPLICABLE LAW AND JURISDICTION
These general conditions are governed by Spanish law. Any dispute arising from the interpretation or implementation that might arise in relation to the validity, interpretation, compliance or termination of this contract shall be referred to the jurisdiction and competence of the Courts and Tribunals of the residence of the consumer. Likewise, as an entity attached to CONFIANZA ONLINE and the terms of its Code of Ethics, in the event of disputes relating to online contracting and advertising, data protection and the protection of minors, the user can go to the extrajudicial dispute settlement system of CONFIANZA ONLINE (www.confianzaonline.es/en/).”