TERMS & CONDITIONS

1. General

The following terms and conditions apply to all orders placed by the customer with By Locals ApS at www.nosomnia.dk.

By using www.nosomnia.dk and/or placing an order, you agree to be bound by the terms and conditions set out herein. Please make sure you have read and understood the Terms & Conditions before placing your order.

2. Payment

All prices are shown in EUR including VAT, all Danish taxes and duties. Prices in EUR and USD are calculated on basis of the daily rate of exchange but of a guiding character. NOSOMNIA ApS is not liable of any potential movements hereof. Payment can only be made via one of the following credit cards: VISA, VISA Dankort, Eurocard, Mastercard, Maestro or American Express. No extra fee is charged upon paying with a credit card.

3. Delivery

Delivery is carried out by courier service or ordinary post. Usual delivery period is 2-8 business days after NOSOMNIA ApS has received the order, and full payment has been made. In the event that stock levels were incorrect when the order was placed, NOSOMNIA ApS reserves the right not to deliver an item. If NOSOMNIA ApS is unable to deliver in accordance with the terms and conditions of the confirmed order, NOSOMNIA ApS will contact you and give you the option of cancelling your order.

4. Disclaimer

NOSOMNIA A/S makes reservation for sold-out items, misspelling, typographical errors, price, tax and VAT changes. No claim can be made against NOSOMNIA ApS regarding such errors and changes. The order is not complete, and the purchase agreement is not final and binding, until you have received an order confirmation e-mail or invoice e-mail from NOSOMNIA ApS.

5. Right of withdrawal

As a customer being a consumer, you are entitled to, within 14 days after physical receipt of the goods purchased at www.nosomnia.dk to withdraw from the purchase without further reasons. Receipt must provide basis of this right.

Pursuant to the Danish Act on Consumer Agreements (in Danish Forbrugeraftaleloven), a consumer is entitled to receive certain information, about the right to withdraw from the purchase. These details will follow from your order confirmation and from these Terms & Conditions.

When the customer returns the goods, the customer will get the purchase price refunded as soon as possible and within 14 days after notification of withdrawal has been made. Receipt must provide basis of this right. However, no amount shall be payable until NOSOMNIA ApS has had the opportunity to examine the returned goods.

Pursuant to section 20(2)(1) of the Danish Act on Consumer Agreements, the right to withdraw does not apply, if the customer has used the goods, and it is clear that the goods have a reduced sales value after the use.

Pursuant to section 18(3) of the Danish Act on Consumer Agreements, the right to withdraw does not apply to purchase of goods, where the goods have been tailored to the customer’s individual needs and specifications (e.g. products produced in accordance with customers' specification).

The right of withdrawal does not apply to other customers than consumers defined as a physical person acting on his or her own behalf outside his or her profession. The notice of withdrawal should be sent to:

NOSOMNIA ApS
Esromgade 15. 1st. R. 1106
2200 Copenhagen N
Denmark
E-mail info@nosomnia.dk

6. Right of complaint

When shopping at www.nosomnia.dk you have 2 years statutory right of complaint. This means that you can either get the purchased goods repaired or replaced, refund of the purchase price or a reduction in price, depending on the specific situation.

We will refund reasonable freight costs which you may have in connection with the return of the product when the claim is justified.

The product must always be returned in protective packaging and receipt must provide basis of this right.

7. Privacy policy

In order to place orders on www.nosomnia.dk you have to register yourself with the following personal information:

- Name
- Address
- E-mail address

We record your personal information only for the purpose of delivering goods to you. When collecting personal information through www.nosomnia.dk, we ensure that the information is always collected with your express consent, so that you are informed of exactly what information is collected and why. Personal information is registered with NOSOMNIA ApS and kept for 5 years, after which the information will be deleted. Information provided to NOSOMNIA ApS is not transmitted or sold in any way to third parties, and NOSOMNIA ApS does not record any sensitive personal information. As registered with NOSOMNIA ApS you always have the right to object to the registration. You also have the right to know what information is recorded about you.

8. Cookies policy

Cookies are small information units - bits of information - which a website can place on your computer's hard disk, on your smartphone or other electronic equipment with memory. Cookies contain information that the website uses to make communication between you and your web browser more efficient. Cookies are standard technology on the internet and are also used on this website.

"Session cookies" are temporary bits of information which are deleted when you exit your web browser. Session cookies are typically used to improve navigation and to collect web statistics. This website uses session cookies.

"Persistent cookies" are more permanent bits of information that are stored and remain on your computer until they are deleted by you. This type of cookie stores information on your computer for a number of purposes; such as saving your passwords. Persistent cookies delete themselves after a certain period of time but are renewed each time you visit the website. This website uses persistent cookies.

www.nosomnia.dk only uses cookies for the purpose of statistics, user experience improvement, support, and login necessary for the website to function properly.

For information about these services and applicable cookie policies, please visit the individual service provider’s website. You can always get information on how to remove cookies by visiting this site: http://www.allaboutcookies.org/manage-cookies/clear-cookies-installed.html. Alternatively, unwanted cookies may be removed through your browser settings. Under browser settings, you can also remove individual cookies or all cookies saved by your browser. If your browser is set up to deny the access of cookies, please be aware that there may be certain functionalities on websites that you will be unable to use. If you use a computer with a newer browser, you may remove your cookies by using the keyboard shortcut: CTRL + SHIFT + Delete.

All Danish websites are under an obligation to inform users about the cookies that are placed on the users’ devices. The information must be in accordance with the Executive Order on Information and Consent required in case of Storing or Accessing Information in End-user Terminal Equipment, (in Danish Bekendtgørelse om krav til information og samtykke ved lagring af eller adgang til oplysninger i slutbrugerens terminaludstyr "Cookie-bekendtgørelsen").

9. Alteration or amendments to the Terms & Conditions

NOSOMNIA ApS reserves the right to make changes on www.nosomnia.dk, policies, and these Terms & Conditions at any time without prior notice. Your usage of www.nosomnia.dk and your orders will be subject to the policies and the Terms & Conditions in force at the time that you use www.nosomnia.dk or that you order products from NOSOMNIA ApS. If any of these conditions is deemed invalid, void or for any reason unenforceable, such condition will be deemed severable and will not affect the validity and enforceability of the remaining conditions.

10. Governing law and venue

These Terms & Conditions are governed by Danish law, however, excluding (i) any rules concerning choice of law and (ii) the UN Convention on Contracts for the International Sale of Goods (“CISG”). Any dispute between NOSOMNIA ApS and the customer will be subject to the jurisdiction of the ordinary courts of Denmark, at NOSOMNIA's then-current venue.

11. Force Majeure

NOSOMNIA ApS cannot be held responsible for any delay or failure to comply with our obligations under these Terms & Conditions if the delay or failure arises from any cause which is beyond our reasonable control, including but not limited to failure or breakdown of telecommunications networks and lines, regulations by government authorities, lock-outs, strikes, labour unrest or disturbances, blockades, traffic accidents, accidents, piracy, embargo, government requirement or interference, infrastructure breakdowns, insurrections, perils of navigation, natural disasters, epidemics, pandemics, acts of terrorism, explosions, fires, floods, storms, fire storms, sabotage, hostilities, vandalism, damages caused by computer virus, hacking, war, civil wars, riots, military action, nuclear disaster or contamination, custom inspections, bad weather or lack of delivery from suppliers.

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