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
For customers within the European Union, product prices are displayed in euros (€) and include VAT. For customers in the United Kingdom and Switzerland, product prices are displayed in their respective local currencies (£ and CHF) and include all applicable VAT, customs duties, and import charges (Delivered Duty Paid – DDP). The Seller reserves the right to change prices at any time, it being understood that the price charged to the User shall be the price indicated on the Website at the time the order is placed.
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 ordered. 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. The 30-NIGHT SLEEP TRIAL & RIGHT OF WITHDRAWAL
Because your body needs time to adjust to a new sleep environment and advanced thermoregulation, we proudly offer a voluntary 30-Night Sleep Trial. Under this policy, the following specific conditions apply:
a) The Break-in Period: We require you to sleep on the Pad and use the Unit for a minimum of 14 nights before initiating a return request under the Sleep Trial.
b) Timeframe: If you remain unsatisfied after the 14-night break-in period, you may request a return up until the 30th day from the delivery date by emailing support@qimora.com with photographic evidence of the product’s condition.
Whether returning under the statutory 14-day withdrawal or the 30-Night Sleep Trial, the following strictly applies to protect the sophisticated electronics and hygiene of the product:
a) Water Drainage (Mandatory): Before packing, the Consumer MUST completely drain all water from both the Unit and the Pad. Returns received with water inside may cause irreversible electronic damage and will result in a severe reduction or total denial of the refund.
b) Original Packaging: To ensure safe transit back to our facilities, products must be returned in their original packaging (Carton, Unit Inner Box, and Pad Bag). A restocking fee may apply if the original packaging is missing or irreparably damaged.
c) Return Logistics & Costs: The direct cost of returning the goods shall be borne by the Consumer. To guarantee the safe transit of high-value electronics, the Seller will organize the return shipping via a designated logistics partner and will deduct a flat return logistics fee (€/£/CHF 40) from the final refund.
d) 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. In accordance with European case law (CJEU judgment C-681/17), merely removing the protective seal from a product such as a Pad does not in itself exclude the right of withdrawal; however, any use going beyond simple testing and diminishing its value (e.g., severe stains, physical damage to the Unit or Pad) may result in a reduction of the refund or its denial.
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.
VIII. LEGAL GUARANTEE OF CONFORMITY
All Products sold through the Website are covered by the Legal Guarantee of Conformity provided for by Articles 128 et seq. of the Italian Consumer Code. The Seller shall be liable for any lack of conformity that exists at the time of delivery and becomes apparent within two years from delivery, in accordance with applicable law.
In the event of a lack of conformity, the Consumer is entitled to the remedies provided by applicable law, including repair or replacement and, where the legal conditions are met, an appropriate price reduction or termination of the contract.
To exercise the Legal Guarantee, the Consumer should contact the Seller at support@qimora.com without undue delay after discovering the lack of conformity, providing proof of purchase and a description of the defect.
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.
XI. INTERNATIONAL ORDERS AND CUSTOMS DUTIES
To provide a seamless customer experience, orders shipped to served destinations outside the European Union (i.e., United Kingdom and Switzerland) are shipped on a Delivered Duty Paid (DDP) basis.
This means that Somnia Technologies S.r.l. assumes responsibility for all applicable customs duties, import VAT, and customs clearance fees. The final price shown at checkout is the total price you will pay. You will not be asked by the courier or local customs authorities to pay any additional or unexpected import fees upon delivery.
Replacement Products: In the event of a warranty replacement shipped outside the EU, the Seller will provide the necessary customs documentation (e.g., clearly marking the shipment as a “Warranty Replacement” with no commercial value) to ensure the replacement clears customs without generating new taxes. The User agrees to cooperate with the courier or customs authorities if additional standard information is required to clear the shipment.
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:
a) death or personal injury caused by its negligence;
b) wilful misconduct or fraud;
c) any other matter for which it would be unlawful to exclude or attempt to exclude liability.
XIII. APPLICABLE LAW AND JURISDICTION
These Terms and any sales contracts concluded through the Website shall be governed by Italian law, without prejudice to any mandatory consumer protection provisions of the law of the country in which the Consumer has their habitual residence.
If the User is a Consumer, any dispute shall be submitted to the court having jurisdiction under applicable mandatory law. Where Article 66-bis of the Italian Consumer Code applies, jurisdiction shall lie with the court of the Consumer’s place of residence or domicile in Italy.
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.