CONSUMER CUSTOMER

Article 1 – GENERAL PROVISIONS – SCOPE OF APPLICATION

1.1

These General Conditions of Sale (“the General Conditions of Sale”) determine the rights and obligations of the parties in the context of the online sale of Products offered by the company JR Brands LLC (“the Company”).

1.2

Any Order placed on the website www.noriasleep.com assumes prior and unrestricted acceptance of these General Conditions of Sale, which are subject to applicable law. These General Terms and Conditions therefore form an integral part of the Contract between the Customer and the Company. They are fully enforceable against the Customer who declares having read them and accepted them, without restriction or reservation, before placing the Order.

1.3

These General Terms and Conditions apply to any Order placed by an adult natural person acting as a consumer. The Customer therefore certifies that he is a natural person over the age of 18, acting for purposes which do not fall within the scope of his commercial, industrial, artisanal, liberal or agricultural activity. He acknowledges having the full capacity to commit when he places an Order and undertakes to provide truthful information regarding his identity. The Customer is the importer of the products he orders.

1.4 EXCLUSION:

Persons acting in a professional capacity, that is to say natural or legal persons, public or private, who act for purposes falling within the scope of their commercial, industrial, artisanal activity; liberal or agricultural, including if they act in the name or on behalf of another professional.

Professionals who wish to place an Order with the Company are invited to contact us directly.

1.5

The General Terms and Conditions applicable to each Order are those in force on the date of payment (or the first payment in the event of multiple payments) of the order. The Company reserves the right to modify them at any time by publishing a new version on its website. These General Terms and Conditions can be consulted on the Company’s website at the following address: www.noriasleep.com

Article 2 – CONCLUSION OF THE ONLINE CONTRACT

2.1. Order placement process

To purchase one or more Products on the site, the Customer selects each Product and adds it to their basket. Once their selection is complete, they must confirm their basket to place the Order (1st click).

At this stage, the Customer is redirected to a page containing:

• A summary of the selected Products and the corresponding prices. It is then up to them to check and possibly correct the contents of their basket.
• These General Terms and Conditions. It is up to him to read them carefully before validating the entire Order.

This validation of the Order after checking the basket and reading the T&Cs (2nd click) constitutes conclusion of the Contract and the Customer acknowledges that the 2nd click results in a payment obligation on his part.

The Customer is then redirected to the payment page. He can choose between the different payment methods offered and proceeds to pay for his Order.

After having validated his Order and made his payment, the Customer receives, on the email address he provided to place the order, a confirmation message from the Company. This message contains:

• The summary of your order (selected product, price, terms and delivery costs);
• The identification specifying the Company and its activity;
• The Order number;
• The terms and conditions of withdrawal;

If the Order confirmation is not received, the Customer is recommended to contact the Company via the contact form on the site.

The Customer may also receive a purchase invoice transmitted in electronic form.

The Customer is strongly advised to keep this confirmation message and the purchase invoice since these documents can be produced as proof of the Contract.

2.2 Case of refusal of validation of the Order by the Company

The Company reserves the right to refuse your Order for any legitimate reason, including for example:

• Order not in compliance with the General Terms and Conditions;
• Quantities ordered not corresponding to normal use by a Consumer Customer;
• Non-payment of a previous Order or ongoing dispute regarding a previous Order;
• Suspicion of fraud on the Order (supported by a body of consistent evidence).

Article 3 - PRODUCT SPECIFICATIONS AND AVAILABILITY

3.1 Product Specifications

The essential characteristics of the goods and their respective prices are made available to the Customer on the Company’s website, as well as, where applicable, information on the use of the product.

Although the Company takes reasonable care to ensure that the Specifications are accurate, such Specifications, subject to certain exceptions such as pricing information, may be provided by the Company’s suppliers. Consequently, the Company declines all responsibility for any errors that may be contained in the Specifications.

The Specifications are presented in detail in English. The Parties agree that the illustrations, videos or photos of the Products offered for sale have no contractual value. The validity period of the offer of Products as well as their prices is specified on the Company’s website.

3.2 Availability of Products

Product offers are valid while stocks last from our suppliers. This availability of Products is normally indicated on the specific Product page.

However, to the extent that the Company does not reserve stock (except in specific cases of Products indicated as pre-order on the Product sheet), placing a Product in the basket does not absolutely guarantee the availability of the Product as well as its price.

In the event that a Product becomes unavailable after validation of the Customer’s Order, the Company will inform the Customer immediately by email. The Order will be automatically canceled and the Company will reimburse the price of the Product initially ordered, as well as any sum paid under the Order.

However, if the Order contains other Products than those that have become unavailable, these will be delivered to the Customer and the delivery costs will not be refunded.

Article 4 – PRODUCT PRICES

4.1 Reference prices indicated on the site

The reference price of the Products offered on the site is the price recommended by the brand, the manufacturer or its official representative. Otherwise, it is a price determined based on the prices at which the Product is commonly sold in a panel of brands distributing it. This price is updated as soon as the brand, the manufacturer or its official representative communicates a new recommended price for the Product or as soon as the price charged within the panel of brands is modified.

4.2 Modification of prices indicated on the site

The prices of the Products are indicated on the Product description pages. Prices are expressed in the currency shown on the site and exclude shipping costs unless otherwise stated. The Company reserves the right to modify the prices of the Products at any time, in compliance with applicable legislation.

The Products ordered will be invoiced on the basis of the price in effect on the site at the time of validation of the Order.

4.3 Product prices

Prices are expressed in USD, unless otherwise indicated.

The prices take into account any reductions that may be granted by the Seller on the Site. These prices are firm and non-revisable during their period of validity, as indicated on the Site.

The Seller reserves the right to modify prices at any time. They do not include any delivery costs, which may be charged extra. Any delivery costs applied are indicated to the Customer prior to placing the order.

The payment requested from the Customer corresponds to the total amount of the purchase, including these fees where applicable.

The prices indicated are valid, unless there is a gross error. The applicable price is that indicated on the Site on the date on which the order is placed by the Customer.

To the extent that many Products are imported from abroad at the request of Customers, the prices of Products sold through the Website may be indicated excluding certain local taxes, VAT, customs duties, or import charges unless otherwise indicated. They are precisely determined on the Product description pages and on the Product Order page, excluding specific shipping costs unless otherwise stated.

Article 5 – PAYMENT OF THE PRICE OF PRODUCTS

5.1 Timing of payment

Payment of the entire price of the Order must be made immediately after validation of the Order.

5.2 Payment methods

To pay for their Order, the Customer can choose between different payment methods offered on the Site.

Payment by credit card:

Only bank cards and international bank cards accepted by the payment provider on the Site are accepted. The Customer guarantees the Company that he has the necessary authorizations to pay with the bank card used. He expressly acknowledges that the commitment to pay given by card is irrevocable and that the communication of his bank card number constitutes authorization to debit his account up to the total amount corresponding to the Products ordered. The amount will be debited at the time of validation of the Order.

Payments by credit card are made via a secure payment platform and the information on the credit cards communicated benefits from the SSL encryption process.

Payment by vouchers and/or promotional codes

Vouchers and/or promotional codes issued by the Company can be used to pay for all or part of the Order. These vouchers and/or promotional codes may be valid several times. In the event of attempted fraudulent use of vouchers and/or promotional codes, the Company may simply cancel the Order.

Generally speaking, in the event of refusal of payment authorization from officially accredited organizations or in the event of non-payment of the Order, the Company reserves the right to suspend and/or cancel said Order.

The Company reserves the right to suspend any of the payment methods at any time, particularly in the event that a payment service provider no longer offers the service used or in the case of a dispute with a Customer concerning a previous order.

The Company reserves the right to implement an Order verification procedure intended to ensure that no person uses the bank details of another person without their knowledge. As part of this verification, the Customer may be asked to send by email or post to the Company a copy of an identity document, proof of address as well as a copy of the bank card used for payment. Precise information on the exact content of the information requested (to preserve the confidentiality of their data) will be communicated to the Customer in the event of verification. The order will only be validated after receipt and verification of the parts sent.

Contact: contact@noriasleep.com

Article 6 - DELIVERY – CUSTOMS CLEARANCE – RECEIPT

6.1 Delivery

Before validation of the Order, the Company communicates to the Customer information concerning the different delivery methods as well as their respective prices. Following the Customer’s choice of delivery method, the Company communicates an estimate of the delivery time.

The Company will make every effort to ensure that the Product(s) are delivered no later than the date scheduled for delivery. In the event of a difficulty, the Company undertakes to communicate quickly with the Customer to inform them and seek an appropriate solution with them.

The transport, shipping and/or delivery of the Product(s) may be borne by the Customer (“Delivery Costs”). These delivery costs are included in the final price invoiced to the Customer when placing the Order where applicable. However, any customs fees are not included in the price invoiced to the Customer by the Company unless otherwise specified.

Depending on the terms chosen by the Customer, delivery will be made either to the address mentioned by the Customer, or where applicable, to a relay point chosen by the Customer from the list of available points. It is therefore the responsibility of the Customer to carefully check the information provided for delivery because he remains solely responsible in the event of non-delivery due to incomplete or incorrect information.

6.2 Reception

Upon receipt of the Product, the Customer undertakes to check that the Product is complete and that it is not damaged.

If an anomaly is noted, the Customer must contact the Company’s Customer Service within fourteen days (excluding public holidays) following the date of receipt of the Product. Any complaint filed after the deadline cannot be processed.

6.3 Payment of taxes

The Customer may be responsible for the process of declaring and paying import VAT or local taxes upon customs clearance of the Product, depending on the destination country and the shipping conditions applicable at checkout.

For products shipped outside the United States or to certain international destinations, customs duties, local taxes, import duties or state taxes may be payable in certain cases. The Company has no control over these rights and amounts unless expressly stated otherwise on the Site.

They will be the responsibility of the Customer and are their responsibility (declarations, payment to the competent authorities, etc.). The Company therefore invites the Customer to obtain information on these aspects from the corresponding local authorities.

6.4 Customs clearance

When purchasing, the Customer may become the importer of the product purchased in his capacity as recipient of the Product, depending on the delivery destination and shipping method.

He may therefore be responsible for the import and customs clearance processes of the product with local customs offices. Depending on the price of his order and the destination country, he may be asked to pay customs duties.

The Customer is solely responsible for the process of declaring customs duties during customs clearance of the Product where applicable. These customs duties, which are not invoiced to the Customer by the Company unless otherwise stated, do not fall within the jurisdiction of the Company. The latter cannot therefore be held responsible for the reimbursement of these rights.

Article 7 – WITHDRAWAL

7.1 Principle and deadline

The Customer has the right to withdraw, without giving reason, within fourteen (14) calendar days from the date of receipt of his Order where such right is required by applicable consumer law. In the event of an Order for several Products, the period starts from receipt of the last Product.

If the right of withdrawal is exercised within the aforementioned period, the price of the Product(s) purchased and standard shipping costs may be refunded in accordance with applicable law, the return costs remaining the responsibility of the Customer unless otherwise required by law or specified in the Return Policy.

7.2 Exclusions

In accordance with applicable consumer protection law, the right of withdrawal may not be exercised for certain contracts, including where applicable:

• The supply of goods made to the consumer’s specifications or clearly personalized;
• Supply of goods likely to deteriorate or expire quickly;
• Supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
• Supply of goods which, after being delivered and by their nature, are inseparably mixed with other items;
• Other exclusions permitted by applicable law.

7.3 Conditions for exercising the right of withdrawal

To exercise his right of withdrawal, the Customer must inform the Company of his intention to withdraw either by completing the standard form sent to him by email, or by sending an unambiguous declaration expressing his intention to withdraw in the 14-day period mentioned above.

The Customer has a period of 14 days from sending the notification of withdrawal to return the Product to the Company in its original packaging, the return costs being the exclusive responsibility of the Customer unless otherwise stated by law or in the Return Policy.

The Products must be returned in their original condition and complete (packaging, accessories, instructions, etc.) to allow them to be put back on sale by the Company. In the event of receipt of opened, used, incomplete, damaged or soiled Products, the Company may refuse reimbursement or apply a reduction corresponding to the depreciation of the Product, where permitted by law.

In the event of return of the Product under the conditions provided for by law and these General Terms and Conditions, the Company will reimburse the sums due within 14 days of notification of withdrawal, unless the Product is returned afterwards. In this case, the Company may defer reimbursement until receipt and verification of the condition of the returned Product.

This reimbursement will be made using the same means of payment as that used by the Customer to pay for the Order, unless expressly agreed by the Customer for another means of payment. In the event of payment by gift voucher/promotional code, the Customer may be reimbursed by equivalent gift vouchers/promotional codes for an amount identical to that paid in this form where legally permitted.

Article 8 – GUARANTEES

8.1 Legal guarantees

The Company remains liable for defects in the conformity of the goods and for hidden defects in accordance with applicable consumer protection law.

When acting within the framework of the applicable legal guarantee of conformity, the Consumer Customer may benefit from the remedies provided by law, including repair, replacement, price reduction, or reimbursement where applicable.

The Customer may also decide to act within the framework of the legal guarantee against hidden defects where recognized by applicable law.

These legal guarantees apply independently of any commercial or manufacturer’s warranty.

8.2 Manufacturer’s Warranty

Certain Products on sale on the Site may benefit from a contractual guarantee granted by the supplier or manufacturer of the Product, to which the Company is not directly a party.

The existence of this type of guarantee is mentioned, where applicable, on the specific Product page.

If the Customer wishes to use this guarantee, he should notify the Company by contacting Customer Service and consult the terms of application of the guarantee, which are generally included with the Product.

Please note that benefiting from the Manufacturer’s Guarantee does not preclude the application of the legal provisions concerning the legal guarantee of conformity and the legal guarantee of hidden defects where applicable.

Article 9 - PROTECTION OF PERSONAL DATA

As part of the commercial relationship, the Company, acting as data controller where applicable, collects a certain number of mandatory personal data (including, in particular, surname, first name, delivery address, etc.) which are absolutely necessary for the processing of the Order, the management of the commercial relationship, the production of statistics and compliance with the Company’s legal and regulatory obligations.

Failure by the Customer to communicate this information would result in it being impossible to process their Order.

This data is intended for internal use by the Company but may be transmitted to companies which contribute to the execution of the service, including in particular those which ensure deliveries of Products or ensure payment processing.

Concerning this personal data, the Customer has rights in accordance with applicable law, which may include:

• Right of access to personal data concerning him;
• Right to rectification and deletion where permitted by law;
• Right to limit data processing where justified;
• Right to object to certain data processing;
• Right to withdraw consent where processing is based on consent;
• Right to lodge a complaint with the competent supervisory authority.

Any request should mention the Customer’s email address, first and last names, postal address and any information reasonably necessary to verify identity.

A response will be sent within the time required by applicable law.

Article 10 - INTELLECTUAL PROPERTY RIGHTS

Unless otherwise specifically stated on a Product page, sales of Products on the site do not result in any transfer of intellectual property on the Products sold.

Brands, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the Company or their initial owner. No transfer of intellectual property rights is made through these General Terms and Conditions.

Article 11 - FORCE MAJEURE

The Company cannot be held responsible for non-performance of its obligations hereunder in the event of the occurrence of a fortuitous event or force majeure which would prevent execution. The Company will notify the customer of the occurrence of such an event as soon as possible.

Article 12 – EXCLUSION OF LIABILITY

Notwithstanding any provision to the contrary stated herein, the Company cannot under any circumstances be held responsible in the event of loss or damage due to inappropriate use of the Product(s) by the Customer, including in particular a modification or alteration of the Product(s) not authorized by the Company.

The product sold by the Company is designed to support children’s sleep comfort and sleeping posture. However, the effectiveness and suitability of the product may depend on its proper use according to the provided instructions and the child’s individual needs.

1. Proper Use:

To ensure optimal use and avoid any issue, the user must strictly adhere to the usage instructions. These include, but are not limited to, the intended age range, sleep environment recommendations, care instructions, and precautions to be taken before and after use.

2. Limitation of Liability:

The Company disclaims any liability for damages, discomfort, injury, or deterioration resulting from improper use of the product, use that does not comply with the instructions, or use in circumstances for which the product is not suitable.

3. Warranty:

Our warranty is limited to the remedies provided under applicable law or any express commercial warranty communicated by the Company, but it does not include coverage for material or bodily damage resulting from improper use of the product.

4. Acceptance of Risks:

By purchasing and using our product, the Customer acknowledges having read and understood the usage instructions and accepts the risks associated with improper use. The Customer also agrees that the Company’s liability is limited to providing a compliant product and that any other consequence of improper use is the Customer’s responsibility.

Article 13 – SUSPENSION – TERMINATION OF ACCOUNT

The Company reserves the right to suspend or terminate the account of a Customer who contravenes the provisions of the General Terms and Conditions, or generally the applicable legal provisions, without prejudice to any damages that the Company may seek.

Any person whose account has been suspended or closed will not be able to order subsequently or create a new account on the Site, without the prior authorization of the Company.

Contact page / contact details

Company: JR Brands LLC
Address: 30 N Gould St, Sheridan, Wyoming 82801, United States
Email: contact@noriasleep.com
Phone: +1 (307) 201-2628

Customer service: Monday to Sunday between 9:00 AM to 5:00 PM.