Terms and Conditions of Sale

I. SUBJECT MATTER AND DEFINITIONS

These terms and conditions (“Terms”) govern the offer and sale of products through the website of Somnia Technologies S.r.l (“Website”). The sale of products through the Website constitutes a distance contract governed by Chapter I, Title III (Articles 45 et seq.) of Legislative Decree No. 206 of 6 September 2005 (“Consumer Code”) and by Legislative Decree No. 70 of 9 April 2003, containing the rules on electronic commerce.

Somnia Technologies S.r.l (hereinafter also referred to as the “Seller,” “we,” “us,” or “our”) is the entity that operates this Website and sells the products offered on it. “You” means the end user (“User” or “Consumer”) who uses the Website to purchase the products.

By making a purchase on the Website, the User declares that they have read, understood, and fully accepted these Terms, including the Privacy Policy. If all of the Terms are not accepted, it is not possible to use the Website to make purchases.

For any questions regarding these Terms or for assistance, the User may contact our customer service at support@qimora.com.

II. CHANGES TO THE TERMS AND CONDITIONS

The Seller reserves the right to amend these Terms at any time. Any changes shall become effective from the moment they are published on the Website. Users are invited to consult this section regularly in order to check for updates.

Orders placed shall be governed by the Terms in force at the time the order is submitted, unless changes are required by law or by a governmental authority.

III. PRODUCTS AND AVAILABILITY

The Website offers for sale sleep products and accessories, such as, by way of example, active thermoregulating mattress covers, and sleep accessories (not constituting medical devices) (“Products”).

All content on the Website, including trademarks, logos, images, product descriptions, and designs (“Content”), is the property of the Seller or its licensors and is protected by copyright and intellectual property laws (Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005). Use of the Website and its Content is permitted exclusively for personal and non-commercial purposes.

The Products are available in the variants (e.g. sizes, colors) listed on the Website. Product availability is constantly monitored and updated. However, because the Website may be visited by multiple users at the same time, it may happen that more than one user purchases the same Product simultaneously. In such cases, the Product may appear available for a short period even though it is in fact out of stock. If the Product is unavailable for the reasons indicated above, the Seller shall promptly inform the User and refund any amount paid.

IV. PURCHASE PROCEDURE AND CONCLUSION OF THE CONTRACT

To place an order, the User must follow the instructions provided on the Website. By placing an order, the User warrants that they are of legal age and have the legal capacity to enter into binding contracts.

Selected items are placed in the “cart.” Before proceeding with the purchase, the User may review and amend the contents of the cart. To submit the order, the User must click the relevant button (e.g. “Proceed to Payment,” “Order with Obligation to Pay”) and provide the information necessary to process the order, including shipping and payment details.

Receipt of the order by the Seller is confirmed by a summary email sent to the address provided by the User. Such communication does not constitute acceptance of the order, but merely an acknowledgment of receipt. The sales contract shall be deemed concluded only when the Seller sends the User a separate Shipping Confirmation email stating that the Product has been dispatched.

The Seller reserves the right to refuse or cancel an order for any reason (e.g. payment issues, incomplete or incorrect shipping address, stock shortages). If an order is refused or canceled after payment has already been made, the Seller shall issue a full refund in accordance with Section X below.

V. PRICES AND PAYMENT

Standard shipping costs are included in the Product price unless otherwise indicated at checkout.

Payment may be made using the methods indicated on the Website (e.g. credit card, PayPal, other e-wallets). The charge shall be made at the time the Products are dispatched. The Seller uses secure payment systems to protect the data provided by the User.

If, due to a material error, a Product is offered on the Website at a manifestly incorrect and recognizable price, the Seller reserves the right to cancel the order, even after initial validation, and to refund the amount paid.

VI. SHIPPING AND DELIVERY

Shipments are made through selected express couriers. Delivery times indicated on the Website are estimates and are not guaranteed. The Seller shall not be liable for delays attributable to the courier or to force majeure events.

It is the User’s responsibility to provide a correct and complete shipping address. The Seller shall not be liable for any loss or delay caused by incorrect or incomplete addresses. If a parcel is returned to the sender for this reason, the Seller will contact the User to arrange a new shipment, the costs of which shall be borne by the User, or to proceed with a refund of the order net of the expenses incurred.

The risk of loss of or damage to the Products passes to the Consumer when the latter, or a third party designated by the Consumer, other than the carrier, takes physical possession of the goods.

VII. RIGHT OF WITHDRAWAL

Pursuant to Articles 52 et seq. of the Consumer Code, the Consumer has the right to withdraw from the contract, without giving any reason, within 14 (fourteen) days.

The withdrawal period expires after 14 days from the day on which the Consumer or a third party, other than the carrier and designated by the Consumer, acquires physical possession of the goods. In the case of multiple goods ordered in one order and delivered separately, the period runs from the day on which physical possession of the last good is acquired.

To exercise the right of withdrawal, the Consumer must inform the Seller of their decision by means of an explicit statement (for example, a letter sent by post or email) to support@qimora.com. For this purpose, the Consumer may use the model withdrawal form attached to the Consumer Code, but this is not mandatory.

In the event of withdrawal, the Consumer must return the goods to the Seller without undue delay and in any event within 14 days from the day on which they communicated their decision to withdraw. The deadline is met if the goods are sent back before the expiry of the 14-day period. The direct cost of returning the goods shall be borne by the Consumer.

Exceptions to the right of withdrawal: The right of withdrawal is excluded, pursuant to Article 59 of the Consumer Code, in the following cases:

1. a) supply of goods made to the consumer’s specifications or clearly personalized;
2. b) supply of goods which are liable to deteriorate or expire rapidly;
3. c) supply of sealed goods which are not suitable for return for health protection or hygiene reasons and were unsealed after delivery.

Handling of the goods and diminished value: The Consumer shall be liable only for any diminished value of the goods resulting from handling other than that necessary to establish the nature, characteristics, and functioning of the goods. Products must be returned intact, unused, and undamaged, and preferably in their original packaging. In accordance with European case law (CJEU judgment C-681/17), merely removing the protective seal from a product such as a mattress or topper does not in itself exclude the right of withdrawal; however, any use going beyond simple testing of the product and diminishing its value (e.g. stains, damage, wear) may result in a reduction of the refund or, in more serious cases, its denial.

For orders delivered to the United Kingdom or Switzerland, where the Consumer exercises the right of withdrawal or otherwise returns the goods for reasons other than a defective, damaged, incorrect, or non-conforming Product, the Seller shall refund only the amounts paid to the Seller for the Products and, where required by applicable law, the initial standard delivery costs. The Seller shall not reimburse any VAT, import VAT, customs duties, customs clearance fees, brokerage fees, or any other import taxes or charges incurred in connection with the importation of the Products into the destination country.

VIII. LEGAL GUARANTEE OF CONFORMITY

IX. DAMAGED, INCORRECT, OR INCOMPLETE ORDERS

If the order received is damaged, incorrect, or incomplete, the User must immediately contact customer service at support@qimora.com, attaching, where possible, photographic evidence of the issue.

In the event of a damaged or incorrect Product, the Seller, after verification, shall provide instructions for return at its own expense and shall arrange for the shipment of a replacement product or a full refund, depending on the agreement reached with the User.

X. REFUND POLICY

If the User cancels the purchase by exercising the right of withdrawal, the Seller shall refund all payments received, including the initial delivery costs (except for any supplementary costs arising from the User’s choice of a type of delivery other than the least expensive standard delivery offered), without undue delay and in any event within 14 days from the day on which it was informed of the withdrawal decision.

The Seller may withhold the refund until it has received the goods back or until the Consumer has supplied evidence of having sent back the goods, whichever occurs first.

Refunds shall be made using the same means of payment used for the initial transaction, unless otherwise agreed.

For the avoidance of doubt, where an order delivered to the United Kingdom or Switzerland is returned for reasons other than a defective, damaged, incorrect, or non-conforming Product, any refund shall be limited to the amounts received by the Seller for the returned Products and, where applicable, the initial standard delivery costs. Any VAT, import VAT, customs duties, customs clearance fees, brokerage fees, or other import taxes or charges arising upon importation shall not be reimbursed by the Seller.

XI. INTERNATIONAL ORDERS AND CUSTOMS DUTIES

Products ordered from this Website and to be shipped outside Italy and the European Union (for example, to the United Kingdom or Switzerland) may be subject to customs duties and import taxes, destination country VAT, and other customs charges payable by the User.

The Seller has no control over these charges and local requirements and cannot predict their amount. Users are advised to contact their local customs office and postal service for further information before placing an order.

The User must ensure compliance with all applicable laws and regulations of the country to which the Products are shipped. The Seller shall not be liable for any breach by the User of such laws.

Replacement Products and Customs Duties:

1. a) In the event of replacement of a defective or non-conforming Product shipped to an address outside Italy and the European Union, customs duties and import taxes should in principle not have to be paid again.
2. b) However, exemption from such charges is subject to compliance with the specific customs procedures of the destination country.
3. c) The Seller shall provide the necessary shipping documentation, clearly indicating that the shipment is a “warranty replacement” (e.g. “WARRANTY REPLACEMENT”) and that the Product has no commercial value for sale purposes (e.g. “NO COMMERCIAL VALUE – VALUE FOR CUSTOMS PURPOSES ONLY”), while still indicating the actual value of the goods solely for customs purposes.
4. d) The User must cooperate with the courier and the customs authorities of their country by providing all information and documentation required (for example, proof of the original purchase, proof of return of the defective product) in order to enable the exemption regime to be applied.
5. e) If the customs procedures are not properly followed by the User or by the courier on the User’s behalf, or if the necessary documentation is not provided, the customs authorities of the destination country may treat the shipment as a new commercial import and apply customs duties and taxes again. In such case, the Seller shall not be liable for payment of such additional charges.

XII. LIABILITY

The Seller warrants that all Products purchased through the Website are of satisfactory quality and fit for the purposes for which they are commonly supplied.

The Seller’s liability for losses suffered by the User is strictly limited to the purchase price of the Product. The Seller shall not be liable for indirect or consequential losses (such as loss of profit, business, or savings) that were not reasonably foreseeable at the time the contract was concluded.

Nothing in this section limits or excludes the Seller’s liability for:

1. a) death or personal injury caused by its negligence;
2. b) wilful misconduct or fraud;
3. c) any other matter for which it would be unlawful to exclude or attempt to exclude liability.

XIII. APPLICABLE LAW AND JURISDICTION

XIV. COMMUNICATIONS AND COMPLAINTS

The User agrees that communications with the Seller shall take place primarily in electronic form. The Seller will contact the User by email or by notices posted on the Website.

All communications and any complaints must be sent to support@qimora.com.

Seller details: Somnia Technologies S.r.l (VAT number 14406600966), registered office in Via V. Foppa 7, 20144, Milan.