TERMS OF USE

1. Premises

  1. Through the domain name com (the “Web Site”) we offer to You (hereinafter “User/s”) information about our products (“Products”) and the sales of.
  2. These general Terms and Conditions (hereinafter “T&C”) govern the access to the Web Site, the use of it, and the sale of our Products to Users.
  3. By using the Web Site and / or placing an order, Users accept this T&C and our Privacy and Cookies Policies. If the User does not agree with the T&C and to be bound by them, the User has to exit the Web Site and not to place any order.
  4. Users can read the information about collection and use of personal information and data in our Privacy Policy and Cookies Policy available on the Web Site.
  5. We encourage Users to read these T&C and to contact us for any doubt about them.

2. Web Site owner

  1. The owner of the Web Site and domain name is PRESIDENT SRL, based in Via Santa Tecla 3, 20122 Milan, Italy, P.IVA 08775250965, e-mail info@forrestlesssleepers.com, Tel +39 031 398324, certified email PEC: PRESIDENT1SRL@LEGALMAIL.IT.

3. Acceptance of the Terms and Conditions

  1. This T&C shall apply to all Users accessing, using or placing an order through the Web Site.
  2. Access and use of the Web Site, registration, log in to restricted areas, information request, placing of orders, as well as every action contrary to the exit from the Web Site will constitute full acceptance of T&C published at the time of access.
  3. Users are therefore suggested to carefully read these T&C at the first access to and / or request of information and / or use of service. If Users do not accept the T&C, they are invited to leave the Web Site and avoid to use any service provided by the Web Site.
  4. Every changes of this T&C will be uploaded in the Web Site to this page and it is assumed to be known with the publication, and accepted at the first access and / or use of the Web Site.

4. Registration and data entry

  1. Data entry and / or use of the Web Site and / or registration and / or placing of an order is allowed only to Users on legal age according to Italian law.
  2. If an underage user inserts personal information and / or registers himself and / or place an order through the Web Site, we will assume he did it under parents’ supervision or under the supervision of its legal supervisor.
  3. All entered data must be true and updated, as well as directly related to the User. In particular, data related to delivery, billing, User’s name and personal details must always be correct and up to date.
  4. If the User fails to provide us all requested information, we will not be able to process the order.
  5. Each User is personally and directly responsible for all data provided to the Web Site.

5. Acceptation of the order

  1. Users can place a purchase order through tools made available on the Web Site.
  2. The forwarding of the purchase order is an Offer to Buy and does not mean that User’s order has been accepted.
  3. Following the Order to Buy, our system will send to the User, automatically, an Order Confirmation with details of the order. The Order Confirmation only indicates that the order is received by our systems and does not correspond to the acceptance of it.
  4. The purchase contract (the “Contract”) will be binding only after we send to the User the Shipment Confirmation for the Products listed in it.

6. Products availability

  1. Unless otherwise indicated, all orders for products are subject to availability.
  2. We strive to constantly keep the Web Site up-to-date, however due to errors and technical problems, we may incur in errors.
  3. In the event that, following a receipt of an order, Products are no longer available, we will provide a notice to the User. The User will be entitled to wait until product is available, or withdraw the order.
  4. We reserve the right to remove any product from the Web Site at any time, or to change the description / price of products, or the content of the Web Site. We would not be in any case responsible for the removal of Products or for Web Site changes.

7. Service availability

  1. Products offered through this Web Site are only available for the following countries:
    1. European Union: Austria; Belgium; Bulgaria; Cyprus; Croatia; Denmark; Estonia; Finland; France; Germany; Greece; Ireland; Italy; Latvia; Lithuania; Luxembourg; Malta; Netherlands; Poland; Portugal; UK; Czech Republic; Romania; Slovakia; Slovenia; Spain; Sweden; Hungary;
    2. Extra UE: China; Hong Kong; Japan; Russia; South Korea; United States of America; Brazil; Turkey; United Arab Emirates.

8. Products Shipments

  1. Notwithstanding Points 5, and except for extraordinary circumstances, Products will be shipped within the time stated in the process of payment delivery, and, in any case, no later than the date set in the Shipment Confirmation.
  2. In case of differences between the delivery date indicated in the Product’s page and the date indicated in the Shipment Confirmation (see Point 5), the last one will prevail.
  3. In any case, we will deliver all products within 30 days from the date indicated in the Shipment Confirmation.
  4. Shipping times may be delayed for overseas deliveries, or in case of customization of products and / or specialized items.
  5. For the purposes of these T&C, the delivery of products shall be deemed as completed when the receipt of the delivery is signed at the delivery address provided in the Order.
  6. If we are unable to deliver the Products (also for tax and duty payments reasons) we will try to find a place to leave it (in example: post box or local warehouse). If this is not possible we will leave a warning at the given address, in which we will specify where Products are and how to request a new delivery or pick up for the Products.
  7. If the new delivery or the pick up cannot take place for reasons not under our control or for tax and duty payments reasons, after 30 days we deem the Contract terminated, and products will return to us.
  8. In the case explained at point 7, we will refund, within 14 days, all amounts paid by the User, except delivery costs and any additional costs resulting from failure of delivering.

9. Price of Products / Duty fees

  1. The price of the Products are those listed on the Web Site, unless otherwise indicated.
  2. Whilst we take care to ensure that all prices are accurate, errors may occur.
  3. Prices for shipments to EU countries include VAT and are net of delivery charges which are calculated the moment the order is placed. Prices for shipments to Extra – EU countries do not include VAT and are net of delivery charges calculated the moment the order is placed. Also, prices quoted on the Web do not include delivery costs and import / export costs / taxes.
  4. Shipments to Extra EU countries may be subjected to import duties and taxes, which must be paid once the shipment reaches the User’s country. In particular, the User authorize us to charge any costs / tax / duty fees (if known) on the User’s credit card. In the event the duty taxes are not charged when the Order is placed (because we do not know the amount of them), the User will have to pay them at the delivery. Failing the payment of the duty taxes, the Product will return to us and we will refund the price paid, except for delivery cost and all other additional cost arising from the return. The User authorize the retain of all the additional costs arising from the delivery of the Products to our offices.
  5. Users must follow instructions to forward an Offer to Buy, verifying information required in each step of the process.
  6. Registered Users will find a list of orders placed in their personal panel.

10. Payment

  1. User will place orders and payments by using tools made available on the Web Site.
  2. By authorizing the payment Users confirm their right to use the selected payment method.
  3. We do not issue any invoice unless expressly requested by the User when the order is placed. Users who request the issue of the invoice will be considered business Users and will be not entitled to the right of withdrawal.

11. Right of withdrawal

  1. Users, under Legislative Decree 206/2005, will have the right to terminate the Contract within 14 days from the day of delivery of the goods (see Point 5).
  2. In case of multiple deliveries, the terms and deadline set in section 1 will be counted separately for each delivery.
  3. In order to meet the deadline for the withdrawal, the User will have to send a written notice to the email address info@forrestlesssleepers.com before the expiry of the 14 day – period.
  4. As a consequence of the withdrawal, the User must, within 14 days, return the goods to us.
  5. Upon receipt of the goods without any defect, we will refund the amount paid, except for shipping costs and additional costs borne for delivery, within 14 days from the receipt of the goods. The refund will be made using the same payment methods chosen by the User for the Order.
  6. The delivery costs for returning the Products, including all duty fee and taxes (if any) will be borne by the User, who authorizes us to charge them directly. In any case, we will never refund duty fees and taxes paid by the user for the delivery of the Products, even if then returned.
  7. Users are responsible for Products value decrease resulting from handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the goods.
  8. The right of withdrawal is excluded for following products:
    1. personalized items;
    2. Products which cannot be returned for sanitary reasons.
  9. The right to withdraw will be applied only to Products returned in the same conditions they were delivered to the User.
  10. Users have to return Products, including the plastic security seals, using original packages and all other items included in the package.
  11. After an evaluation of conditions of returned Products, we will inform the Users of the right to get the refund and about its amount. The delivery fee will not be refunded. The refund will be made as soon as possible. In any case the refund will be made within 14 days from the termination date. Notwithstanding what above, the refund may be suspended until receipt of Products.

12. Risk And Title

  1. The Products will be at User’s risk from the time of delivery.
  2. Ownership of the Products will only pass to User when we receive full payment of all sums due in respect of the Products, including delivery charges, or upon delivery (see point 5), whichever is the later.

13. Limitation of Liability

  1. All contents published on the Web Site are provided for information purposes without any guaranty of correctness and truth.
  2. Also, we are not responsible for any direct or indirect damage that may arise from the use of the Web Site and the information contained therein.
  3. Our liability is limited to the price of the product purchased.
  4. All products descriptions, information and materials appearing on the Web Site is provided “as is” without express or implicit warranties.
  5. In this sense, if the User is a consumer, we are committed to delivering products that comply with the Contract. The products are deemed to comply if (i) comply with the description provided and possess qualities presented in this Web Site, (ii) are suitable for use where the products are normally intended, (iii) show qualities and characteristics that are normal in products of the same type and that can reasonably be expected.
  6. Our Products, having regard with the process of realization of the same, and the quality of materials, may vary from each other. For this, differences between products are no imperfections or defects but features that make our products unique.

14. Force Majeure

  1. We will not be liable for failures or delays in performing any of obligations under the Contract caused by force majeure events not under our control.
  2. For Force Majeure Event includes any act, event, omission or accident not under our reasonable control, including but not limited to:
    1. strikes, lockouts or other industrial action.
    2. insurrections, riots, invasions, terrorist attacks, war (declared or not), or the threat of war.
    3. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
    4. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
    5. inability to use public or private telecommunications networks.
    6. acts, decrees, legislation, regulations or restrictions of any government.
  3. It is understood that the execution of the obligations under the Contract will be suspended for the duration of the force majeure event.

15. Industrial and intellectual property rights

  1. President Srl is the sole owner or authorized licensee of the Web Site, the domain name, contents, brands, the company name and all further intellectual and industrial property rights which are protected by copyright and industrial property laws.
  2. In particular, but not limited to: texts, the Web Site, the design of the Web Site, trademarks, logos, graphics, design, models, domain name, the sound content, photos, videos, audio-visual elements, technical documentation, plans, databases, slogans, and, more generally, any creative content in the web site or otherwise available from the web site.
  3. It is forbidden to copy, use or unauthorized reproduction of all Web Site contents, as well as any other unauthorized activity that infringes PRESIDENT Srl’s rights.
  4. Users are also aware that PRESIDENT Srl is the only and exclusive owner of the industrial and intellectual property rights on the products models and designs, including the right of economic exploitation. Any copy, imitation or emulation of such models is forbidden.
  5. Our Web Site may also contain different trademarks, domain names, company names, and brands owned by third parties. These trademarks are used for the sole purpose of providing the origin of some products and / or services, or the existence of an authorization license of use.
  6. Therefore Users are not allowed to use all the above elements in order to mislead other Users through the insertion of words in their Web Sites’ pages and to use them for unfair purposes.

16. Users’ Intellectual and Industrial property rights

  1. By submitting a request of information Users can insert their own content, protected by intellectual property law.
  2. By uploading contents Users declare to be rightful owner of such contents. They also assume the responsibility for any use of other people’s content made by them.
  3. It’s expressly forbidden to upload content that can infringe others User rights.
  4. In any case, User expressly agree to indemnify PRESIDENT Srl for any damages or loss arising from use of content uploaded and against all costs, charges, expenses and damages or loss that may arise to PRESIDENT Srl.

17. Hyperlinks to Third Party Sites

  1. The Web Site may contain links and hyperlinks to third-party sites. These hyperlinks have the sole function to connect to other Web Site without any relationship between content of the Web Site and the third-party Web Site reached by the hyperlink.
  2. We do not assume any responsibility for content reached by hyperlink or the truth of those contents. Users are therefore aware and agree that in such a case it will not be applied these T&C, but those applicable to the specific Web Site.

18. Changes to these Terms and Conditions

  1. We reserve the right to freely update, amend and modify these T&C, by updating this page.
  2. We encourage Users to periodically check this T&C before using this Web Site.

19. Governing law

  1. The T&C are governed by the Italian law. Any dispute concerning the execution or interpretation of these T&C will be submitted to the Court of Milan.

20. Language of Terms and Conditions

  1. This document is translated into multiple languages. In case of dispute, the Italian one will prevail.

21. Contact information

PRESIDENT SRL
Via Santa Tecla 3
20122 Milan
Italy
P.IVA 08775250965
Tel +39 031 398324
info@forrestlesssleepers.com
PEC PRESIDENT1SRL@LEGALMAIL.IT