Terms Of Use – Somnox

 

Introduction

These Terms of Use (“ToU“) are applicable to all products and services on this website, https://meetsomnox.com.

This website is managed by Somnox B.V., a limited liability company with registered office at Delft, 2629 JD Molengraaffsingel 12, registered with the Dutch Chamber of Commerce (Kamer van Koophandel) under 67150179 and with VAT number NL856851024B01 (hereinafter referred to as “Somnox“, “we” or “us“).

The terms “you” and “your” as used in these ToU refer to any individual who buys products on or via this website.

This website and the content thereof is exclusively meant for personal and non-commercial use. Any use of this website or content thereof other than for personal and/or non-commercial use is prohibited.

Before using this website, we recommend reading these terms of use carefully to be fully aware of your rights and obligations with regards to the agreement between you and Somnox.

  1. Scope of and changes to the ToU

These ToU are applicable to every offer (aanbod) from Somnox on the website, the use of the website and any distance contract (overeenkomst op afstand) made through the website between Somnox and you.

Somnox reserves the right to alter or update these ToU from time to time for reasons including: (a) changes in how our business operates; (b) changes in the legal or regulatory requirements that we must comply with; or (c) changes in how we accept payment from you. However, any order of products by you will be governed by the ToU available on our website at the time you place the order. If you do not agree with the made altered terms of use you can no longer order products from Somnox.

Any other and/or additional terms of use are not applicable to us, unless a representative of Somnox has expressly agreed thereto in writing. No other representative is given the right to waive, alter, deter from or make additions to the provisions in these ToU.

  1. The Agreement

The offer

Our offer contains a complete and accurate description of the offered product(s), digital content and/or services. The description is sufficiently detailed in order for you to make a proper assessment of our offer to you. We are not bound by any apparent mistakes or other errors in our offer.

Every offer contains such information which makes it clear to you what the applicable rights and obligations are, that form an integral part of the acceptance of the offer by you.

The agreement

Any agreement made between you and us is only between you and us. No third party will have any rights to enforce any of its terms.

We reserve the right to refuse your order or terminate the agreement. When you place an order with us, we might perform certain checks before executing the order, for example by checking your address and whether you can comply with your statutory payment obligations. By placing an order you agree to this.

  1. Price and payment

The offered price of the product is valid as displayed on the website, except in cases of apparent error. The price of any product may change from time to time, but changes will not affect any order we have accepted.

The price of a product as mentioned in an offer includes VAT.

Delivery costs are not included in the price and are charged (and indicated) per order. The exact amount of these  costs will depend on the country to which you order will be shipped.

 

We reserve the right, for whichever reason, to refuse an order or annul a purchase. Examples of cases in which we may refuse or annul an order are:

  1. the product(s) are not available or in stock;
  2. we have reasons to assume you are buying the product(s) to resell them (you are a reseller and not a consumer);
  3. the invoice information you provide us with is incorrect or cannot be verified;
  4. your payment is not confirmed/approved by our (automated) payment verification service;
  5. the price of the product(s) as specified was incorrect; or
  6. we could not deliver to the address provided by you.

 

  1. Delivery

Any delivery time estimates on the website and/or during the ordering process are indicative and non-binding.

  1. Return policy and complaints

If you are not satisfied (for any reason) with your product upon receipt of delivery, you have the right to annul your order (and thus terminate the agreement) within 30 days from the date you received the product, provided the product is returned in a saleable state. We handle the following policy concerning the return of an additional Washable Sleeve:

  • The Washable Sleeve is still in the plastic package: 100% compensation based on purchase;
  • The Washable Sleeve is out of the plastic packaging: 0% compensation based on purchase;

With the exceptions of the costs for return, which come at your own expense, the product may be returned within the set term of 30 days free of charge.

To exercise the right to return, you must inform us of your decision to cancel your order by making a clear statement (e.g. letter by post or email). The easiest way to make a return is by using the dissolution form. You can use the English version or the Dutch version.  Every return from the United States or Canada must be sent to Rush Order; in all other cases returns should be sent to Active Ants.

Active Ants                                                                                                   Rushorder
For Somnox B.V.                                                                                         For Somnox Inc.
Zeelandhaven 6                                                                                         110 Airport Drive
3433 PL  NIEUWEGEIN                                                                            NY 12590  WAPPINGER FALLS
The Netherlands                                                                                        United States

Please send any product you wish to return back as soon as possible, but no later than 14 days after sending us your dissolution form. Somnox will return the payment made in accordance with the agreement within 14 days of receipt the declaration of dissolution. Somnox may be allowed to apply depreciation as a result of your use that extends beyond the initial usage of the product.

Any complaints regarding the product may be sent to [email protected]. Somnox will aim to respond to said complaint within a reasonable term.

  1. Warranties and conformity

Somnox guarantees that the product(s) meet the terms of the agreement, the specifications as mentioned in the offer and the existing statutory provisions and/or government regulations at the date of conclusion of the agreement.

Somnox products have a warranty period of 2 years (from the date of invoice). This warranty implies that if the product has a material or manufacturing defect within the warranty period, Somnox will cover any and all costs to you for the replacement or reparation of the product, without prejudice to any other statutory rights or claims you may have as a consumer as provided to you by law.

  1. Liability

To the fullest extent permitted under applicable law, Somnox is not liable under any circumstance for any indirect losses, collateral or consequential damages of any nature whatsoever, irrespective of whether this is the consequence of non-compliance, warranty or whatever else.

In the event we fail to comply with the agreement between you and us, we are responsible for the loss or damage you suffer that is a foreseeable result of the breach of these ToU or negligence by us. Loss or damage is foreseeable if the loss or damage was an obvious consequence of our breach or if the loss or damage was contemplated by you and us at the time we entered into the agreement. To the fullest extent permitted under applicable law, the maximum loss or damage we will be responsible for is limited to the price you have paid us for the product to which the loss or damage you suffer relates.

  1. Privacy

When you enter into a contract with Somnox, or share/make available your contact details or any other information with us, Somnox may process your personal data. This (personal) data will be processed in accordance to Somnox’s Privacy Policy and applicable legislation.

  1. Miscellaneous
  • Ownership of the products ordered via this website will be transferred to you only after we have received the full payment of the product.
  • In the event that we need to recall a product, you shall provide us your full cooperation and reasonable help. You shall inform us immediately when you are aware or suspect there is a possibility that a product is or will become subject to a product recall.
  • You may not transfer rights or obligations resulting from the agreement to a third party.
  • These ToU shall be governed by Dutch law. Any dispute arising out of or in connection with these ToU are exclusively submitted to the competent court in The Hague.
  1. Contact

If you have any questions regarding our Terms Of Use, please contact us via:

E-mail: [email protected]
Telephone: +31 15 202 6161 (available 09:00 – 18:00 GTM+2)
Address

Molengraaffsingel 12

2629 JD Delft