Terms and conditions

This webshop is owned and operated by Sleeping World AB.

Organization number:
559085-8477

Address and visiting address:
Datavägen 5
453 38 Lysekil

support@ayaofsweden.com

Responsible publisher: CEO

Sleeping World, AYA, AYA of Sweden and ZipTop® are registered trademarks owned by Sleeping World AB and may not be copied or used without written permission.

For other terms and conditions, please refer to the respective sub-page.

TERMS OF PURCHASE FOR AYA OF SWEDEN, SLEEPING WORLD AB WEB SHOP

Sleeping World AB, reg. no. 559085-8477, e-mail address: support@ayaofsweden.com, ("Sleeping World") is responsible for purchases made on this website.

For information on how we handle personal data under GDPR, see our privacy policy.

PRICES
All prices are quoted in Swedish kronor and include VAT and other charges. The total cost of the purchase will be clearly stated before the final order and will include all costs associated with the purchase, including any postage and shipping costs.

DELIVERY
Usually, stocked items are shipped within 3-5 working days from our warehouse.

If the item is not in stock, it will be sent within 14 days. Beds are delivered within 3 weeks. Temporary delivery delays may occur due to the current virus situation around Covid-19.

SHIPPING
We send your item with different logistics companies depending on the goods purchased and the shipping method chosen. Costs associated with shipping are specified in connection with the purchase.

CANCELLATION
If you wish to cancel an item, you do so by sending an email toorder@ayaofsweden.com stating your order number and that you want to cancel the order.

CLAIMS
If there is a defect in the goods, you should notify us of the defect within a reasonable time after you discover it by email toorder@ayaofsweden.com. We will then inform you of how to proceed (the rules on complaints are set out in the Consumer Sales Act).

RIGHT OF WITHDRAWAL AND RETURNS
Unless a longer right of withdrawal is stated for the product you purchased, the right of withdrawal applies for 14 days from the time you as a buyer have received the goods, according to the Distance Contracts and Contracts Outside Business Premises Act (SFS 2005: 59). Goods that are made to measure or of a hygiene product nature cannot be returned.

GUARANTEE
The Swedish Consumer Purchase Act applies to all products. In addition, there are extended warranties listed for each individual product in the webshop. See product information for each product for more information.

PAYMENT
We offer various payment options via third parties. The terms and conditions for the various options are clearly stated in connection with payment.

CARD INFORMATION
When you shop with us, the payment is processed by one of our third-party providers. For card payments, Shopify Payments is used, which is a secure electronic payment solution for e-commerce. Card information is always sent encrypted using SSL/TLS. All card information is stored in accordance with the card networks' regulations on PCI DSS, Level 1. When paying via Klarna, the terms and conditions set by Klarna for each service apply. These are stated in connection with payment.

At no time will Sleeping World AB have access to card information and does not store such information.

PERSONAL DATA AND GDPR
We process personal data in accordance with the GDPR. In connection with your purchase, you agree that we store and process your personal data. We store the data that is necessary to fulfill the agreement with you and to conduct our business. Under the GDPR, you have the right to access the information we have registered about you. If the information we hold about you is irrelevant, inaccurate or incomplete, you can request that it be corrected, restricted or deleted, which we will do to the extent possible under applicable law (such as the Accounting Act). Read more in our privacy policy here.

We are the data controller for the data collected and have entered into data processing agreements with our subcontractors. Below you can see which subcontractors we use and for what purpose we use them.

For our membership service and if you purchase a Sleep Tracker from us, special terms and conditions apply as set out in the Terms of Use for Sleeping World subscription service which you can find here.

SUBCONTRACTORS
We use the following subcontractors to conduct our business:

Microsoft Office 365
We use Microsoft Office 365 to manage support cases. The personal data you send to us by email is therefore sent through Microsoft. We store emails for 5 years.

Shopify Payments
We use Shopify Payments for processing payments, refunds and for payment-related support issues. The information you provide when ordering and paying: name, card details, social security number, phone number, email address and address are sent encrypted to Shopify Payments.

Klarna
We use Klarna for processing payments, refunds and for payment-related support issues. The information you provide when ordering and paying: name, card details, social security number, phone number, email address and address are sent encrypted to Klarna.

DISCLAIMER
Although this website has been compiled with the utmost care, AYA of Sweden and Sleeping World AB are not responsible for any inaccuracies that may occur in the information on this website or on websites that may be referred to. AYA of Sweden and Sleeping World AB accept no liability for any damage that may arise from, or in the interpretation of, the content of the website.

No rights or claims can be made to the content of this website. This also applies to links leading to websites outside the domain of AYA of Sweden, which are not owned by Sleeping World AB, but which have been included for the visitor's information. Liability for the content of websites not maintained by AYA of Sweden and Sleeping World AB is rejected.

COPYRIGHT
Information displayed on this website, including products, texts, photos, illustrations, graphic material, names, word marks and logos belonging to, or licensed to, AYA of Sweden and Sleeping World AB is protected by copyright, trademark law and/or other intellectual property rights. The aforementioned rights are not transferred in any way to legal entities accessing this website.

The content of this website may only be used for non-commercial, private purposes. The user of the site may not multiply, forward, distribute or make available to third parties for a fee without the prior written consent of AYA of Sweden and Sleeping World AB, except to the extent strictly necessary to consult the site.

FRAUD
We will report to the police all fraud and data breaches and attempts thereof. We reserve the right to refuse or cancel your purchase if we have reason to suspect fraud, data breach and/or other misuse of our website.

TERMS OF USE APP - SLEEPING WORLD & AYA OF SWEDEN

Sleeping World AB
Org. no. 559085-8477
Email address: support@sleepingworld.se

Updated 2021-01-21

("Sleeping World"), provides a digital service/app through which you as a user get access to via a Sleep Tracker that you put in your bed and connect your Android or Iphone. The Sleep Tracker measures how you sleep and gives you tips on what you can do to increase the chances of a good sleep. This agreement and its terms of use (the "Terms") apply when you ("you" or the "User") access and/or use the Service, including, but not limited to, when you sign up for any of Sleeping World's subscription plans, optional services, products, use a gift card or sign up for a trial period. The service covered by the Terms is marketed under the name "Sleeping World" and published by Sleeping World AB.

In order to enter into these Terms with Sleeping World and thereby become a subscriber of the Service, you must be at least 18 years of age and/or otherwise be authorized to enter into contracts and agree to be bound by the Terms.

By creating an account to use the Service and/or by checking a checkbox where applicable, you agree to and accept the Terms. By doing so, you also agree that Sleeping World processes your personal data in accordance with Sleeping World's privacy policy. In order to use the Service, the Terms must be approved and accepted. The Terms describe the conditions under which the Service is made available to the User and replace previous terms.

Additional terms may apply to elements or activities of the Service, such as contests, additional services, other activities, special content, products or software made available through the Service. If additional terms are required, these will be communicated in connection with the relevant activity or product. Such additional terms and conditions provided by Sleeping World supplement the Terms and take precedence over the Terms in the event of a conflict.

By accepting the Terms, you acknowledge and agree that Sleeping World has the right to terminate or suspend your access to the Service without prior warning if you fail to comply with the Terms in any respect.

1. THE SERVICE

1.1.
Use of the Service includes when a User via an app and Sleeping World Sleep Tracker measures sleep and uses the app to get tips on how to sleep better. It also applies when purchasing Sleeping World products via the webshop. The service may only be used for private use.

1.2.
Only residents of the EU/EEA can use the Service. The content of the Service may vary between the countries where the Service is available. For information on what is available in the country you are in, please refer to www.sleepingworld.com

1.3.
To use the Service, you need a mobile phone with Android or iOS with Bluetooth and WiFi internet connection and have the Sleeping World app installed. The technical conditions applicable at any given time for using the Service. Sleeping World only takes responsibility for the functioning of the Services for the versions of operating systems and phones provided together with Sleep Tracker.

1.4.
As part of the Service, Sleeping World provides a sensory Sleep Tracker that the User places in their bed according to the instructions provided. The User is responsible for caring for his/her Sleep Tracker according to the instructions and ensuring that it is not damaged or otherwise destroyed or soiled.

1.5.
Sleeping World reserves the right to change the technical requirements for using the Service and to add or remove service partners from time to time. Sleeping World shall take all reasonable steps to ensure that any changes that restrict the ability to use the Service are notified to affected users by email no later than thirty (30) days before the changes take effect. However, Sleeping World reserves the right to add or remove a Service Partner at any time without notice.

1.6.
The User agrees to use the Service and all its features in accordance with the Terms and any relevant laws, regulations or other restrictions relating to the use of the Service or its content.

2. FREE TRIAL PERIOD

2.1.
Your subscription may in some cases be initiated with a free trial period ("Trial Period"). The Trial Period lasts for thirty (30) days or as long as specified at the time of Your registration and is intended to give the User an opportunity to test the Service once for free and then decide whether to keep the subscription or terminate it. Trial periods are not always offered.

2.2.
When you sign up for a Trial Period, you will automatically be transferred to a monthly subscription at the end of the Trial Period unless you cancel your subscription before the last day of the Trial Period. If you cancel your subscription before the last day of the Trial Period, you will not be charged and your subscription will be terminated.

2.3.
Sleeping World's intention is to offer you a Trial Period once. Therefore, Users who have already taken advantage of an offer of such a Trial Period will be prevented from taking advantage of any further Trial Periods for a period of twenty-four (24) months from the end of the first Trial Period. Your eligibility to use a Trial Period offer is determined unilaterally by Sleeping World and Sleeping World may restrict eligibility to prevent abuse and/or breach of the Terms. Sleeping World reserves the right to withdraw or terminate a Trial Period if Sleeping World, in its sole discretion, deems that a User is not authorized to use the Trial Period. The User is not entitled to combine the offer of a Trial Period with other offers.

3. PRICES AND PAYMENTS

3.1.
Sleeping World cooperates with third parties who provide payment services through which all your payments will be processed.

3.2.
Customers who purchase our beds at full price without special promotional conditions will have access to the Service at no monthly cost. Other customers take out a subscription that is paid monthly in advance until the User chooses to cancel their subscription. In the case of monthly payment, debiting takes place every thirty (30) days from the time the User signs up for the subscription or, if the subscription was initiated with a Trial Period, from the end of such Trial Period if it was not terminated by the User before such time. In some cases, the time of debiting may change, for example if the validity period of the User's account card could not be confirmed.

3.3.
Prices on the Sleeping World website include VAT. Payment is made by credit/debit card or by any other means of payment that Sleeping World offers the User from time to time. Prices may vary depending on the type of payment method used. In the event that prices vary, Sleeping World will inform the User of this in connection with the general payment information on the website.

3.4.
Prices do not include any data traffic charges that the User's internet service provider or telecommunications operator may require under the User's agreement with such provider/operator.

3.5.
Sleeping World reserves the right to suspend the User's access to the Service in case of non-payment. Users may reactivate access to the Service by contacting Sleeping World via the contact form at www.sleepingworld.com or by emailing Sleeping World from the email address linked to the Service.

4. GIFT CARD

When you subscribe with a gift card, you agree to and accept the Terms on the same basis as a paying subscriber, except for the payment terms of the Terms. Gift card users are granted full access to the Service for the entire period covered by the gift card. At the time of the end of such period, the subscription will be automatically terminated unless you actively register as a paying subscriber. If you activate a gift card when you are already a subscriber to the Service, Sleeping World will pause the billing until the expiration of the gift card after which you will automatically return to monthly payment again.

5. RIGHT OF USE

5.1.
The User has a fourteen (14) day right of withdrawal in accordance with the Distance and Off-Premises Contracts Act (2005:59). The right of withdrawal applies from the time the User registers to use the Service, from the date of the first payment for the Service or, if the User has registered through the initial Trial Period, from the date the User first uses the Service, whichever occurs first.

5.2.
If you wish to terminate the Service during your right of withdrawal, we recommend that you contact us at support@ayaofsweden.com or through the Swedish Consumer Agency's form at www.konsumentverket.se and send it to support@ayaofsweden.com from your e-mail address linked to the Service or otherwise notify Sleeping World that you wish to terminate your purchase within your period of withdrawal.

5.3.
If you are charged in error, you will be credited the amount charged within thirty (30) days.

6. INTELLECTUAL PROPERTY RIGHTS

The Service is provided for your non-commercial, personal and private use and is intended only to provide information about your sleep and actions that may help you sleep better. The Service and the content of the Service are the copyrighted property of Sleeping World or our licensors and/or licensees, and all trademarks, service marks, names, device marks and other intellectual property rights in the Service or its content are owned by Sleeping World, our licensors, our licensees or our affiliates. Without Sleeping World's prior written consent, no part of the Service or its content may be used and/or exploited other than as provided in the Terms. Regardless of whether you own the platforms on which you access the Service when it is made available to you, Sleeping World owns the Service and all intellectual property rights associated with the Service. We do not transfer to you, in whole or in part, any rights or ownership in the Service other than the right to use the Service in accordance with the Terms. Nor do we transfer any rights or ownership in any or all of the content made available to you through the Service. Nothing provided by any trademark owned or provided by Sleeping World shall be construed as granting any license or right to use any trademarks displayed on or in the Service.

7. CONTENT AND SOFTWARE LICENSE

7.1.
The Service is configured to enable the use of the Service software and its content in the form of analytics, tips, knowledge base, products, etc. owned or licensed by Sleeping World. You are hereby granted a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the Service software, its content, virtual items or other materials for your personal, non-commercial use.

7.2.
As a User of the Service, you agree not to copy, reproduce, modify, create works based on, display, publish, distribute, disseminate, transmit, transfer, sell, rent, license, loan, sublicense, circulate or otherwise exploit for any purpose (commercial or otherwise) any Materials and/or all or any part of the Service to any third party, (including but not limited to displaying, disseminating and distributing the materials through third party websites) without the prior written consent of Sleeping World, unless expressly permitted by applicable mandatory law.

7.3.
As a User of the Service, you agree not to: (1) redistribute, circumvent or disable any protection system for the Service, its content or any digital rights management technology in the Service; (2) decompile, examine, disassemble or otherwise transfer the Service into readable form, unless expressly permitted by applicable mandatory law (3) remove any identifying, copyright or proprietary notices; (4) make available or use the Service in an unlawful or otherwise unauthorized manner or in a manner that could be construed as an association with our Service, products or trademarks. As a User of the Service, its software or content, you warrant that your use is in accordance with the Terms.

8. THIRD PARTY CONTENT AND LINKS

8.1.
The existence of external hyperlinks and/or other components generated by third parties and made available through the Service, Sleeping World's website or forums provided by Sleeping World both within and outside the Service, does not constitute an endorsement by Sleeping World of the opinions or other positions expressed by third parties on or outside their websites and social media platforms. Sleeping World does not verify, warrant, or assume responsibility for the accuracy, completeness, or quality of the content available on these third-party sites. Sleeping World is also not responsible for the quality or delivery of any products or services offered, made available, received or promoted by any such third party websites, social media or channels in general. Sleeping World is therefore not responsible for content provided on third party websites, social media or other channels and Sleeping World is under no circumstances liable for direct, indirect or other damage, arising from negligence, passivity, breach of contract, defamation, copyright infringement or infringement of other intellectual property rights, caused by the production, distribution or use of information or content from third party hyperlinked websites, social media or other channels.

8.2.
The Service may integrate, embed or be provided in conjunction with third party services or content. Sleeping World does not control these third party services or their content. You are advised to carefully read the agreements, terms and conditions and privacy policies presented to you that cover such third party services and/or their content.

8.3.
When using the Service via a mobile network, your network or roaming provider's messaging charges, data charges and other charges paid by the user outside of this Agreement will apply.

9. TERM AND TERMINATION

9.1.
Service may be terminated by the User at any time.

9.2.
To cancel a subscription, send an email to support@ayaofsweden.com from the email address with which you have registered, stating that you wish to cancel your subscription.

9.3.
In addition to what is stated in the Terms, Sleeping World reserves the right, in its sole discretion, to terminate or restrict your use of the Service if you violate the Terms or are otherwise engaged in or suspected of being engaged in illegal or fraudulent use of the Service.

10. SLEEPING WORLD'S RIGHTS AND OBLIGATIONS

10.1.
Sleeping World reserves the right to change prices and/or these Terms. Changes will be communicated to the Users concerned by email, who will then have 30 days to decide whether or not to continue using the Services.

10.2.
As part of the provision of the Service, Sleeping World may contact the User by physical mail, telephone, SMS, MMS, email or directly through the Service in order to communicate features or content of the Service. Sleeping World may also, unless the User has declined such opportunity, contact the User by physical mail, telephone, SMS, MMS, email or directly through the Service regarding offers or similar activities and events linked to the Service. All communication between Sleeping World and the User shall be in accordance with Sleeping World's privacy policy.

10.3.
Sleeping World is not responsible for any disruptions in your mobile network or your internet service provider.

10.4.
The Service is available 24 hours a day, seven days a week. However, Sleeping World does not guarantee that the Service will always be free from errors or interruptions. In the event of deficiencies or interruptions in the Service, Sleeping World shall be given the opportunity to correct these without a breach of contract being deemed to exist. Sleeping World also has the right, to a reasonable extent, to temporarily shut down the Service in order to carry out, for example, updates, upgrades and service.

10.5.
Sleeping World is entitled to transfer its rights and obligations under these Terms in whole or in part to another party. Furthermore, Sleeping World has the right to engage subcontractors for the fulfillment of its obligations under these Terms. Any changes that may affect the processing of your personal data shall be made in accordance with Sleeping World's privacy policy.

10.6.
The analysis of sleep data offered by the Services is intended to provide, over time, a sufficiently accurate picture of how the user sleeps and, based on this, offer tips that can help the user sleep better. The Service is not to be used for medical purposes or to monitor users with serious health problems. Sleeping World and its partners have made every effort to ensure that the Sleep Tracker data and sleep analysis are as accurate as possible, taking into account sleep comfort. The exact accuracy of the analysis each night may vary depending on factors beyond Sleeping World's control, such as ambient vibrations, number of people in bed, pets, etc. By accepting this agreement, Users of the Service declare that they understand this. Sleeping World assumes no direct or indirect liability for any type of damage arising from the use of the Service or the tips and products the Service recommends, other than as required by applicable laws. The tips provided by the Service may never replace the advice of a doctor or other healthcare professional.

11. USER'S OBLIGATIONS AND RIGHTS

11.1.
The User may use the Services for private use only. The User's account is personal and may not be shared with others.

11.2.
The User may not in any way redistribute content in the Service by, for example, copying, lending or renting such material. All sleep knowledge, advice and tips provided by the Service are personal and may not be distributed to third parties.

11.3.
The User undertakes not to circumvent or attempt to circumvent the technical restrictions used to prevent copying of the Service's content.

11.4.
The User is responsible for the accuracy of the information provided upon registration and the accuracy of personal data, in particular the e-mail address. The User is responsible for updating such information if it changes, in particular his email address. Emails sent by Sleeping World to the User's email address shall be deemed to have been received by the User within one (1) day of sending.

11.5.
The User is responsible for maintaining control of their account, preventing others from obtaining or accessing the Service through the User's account, and agrees not to disclose their password or other personalized details related to the User's account during the time the User has a subscription with Sleeping World.

11.6.
The User is responsible for ensuring that in any reviews of the Service he/she expresses opinions respectfully and does not use words or phrases that may be perceived as discriminatory, offensive or abusive in forums that may be associated with Sleeping World.

11.7.
The User is not entitled to assign his/her rights and obligations under these Terms without the prior written consent of Sleeping World.

11.8.
You undertake not to use the Service in any way that risks or may risk the Service being interrupted, damaged or impaired in any way. You understand that you, and not Sleeping World, are responsible for all electronic communications and content sent from your platforms to us and that you must use the Service, your platforms, our website and forums provided by Sleeping World within or outside the Service solely for lawful purposes. Accordingly, you agree not to use the Website for any fraudulent activity or in connection with any criminal or other illegal activity or to submit, use or reuse any material that does not belong to you; or is unlawful, offensive (including, but not limited to, material with sexual content or that promotes racism, hatred or violence), fraudulent, misleading, exploitative, obscene, abusive, discriminatory, derogatory, defamatory, obscene, pornographic or infringes any copyright, trademark, confidential information, privacy or other information or right of which you are not the owner or is otherwise harmful to any third party.

11.9.
In the event that the Service, or any part thereof, is inaccurate or defective, you are encouraged to contact Sleeping World via support@ayaofsweden.com, from the valid email address you have registered with Sleeping World, or by otherwise notifying Sleeping World or making a claim.

12. OTHER MATTERS

12.1.
The Service is offered to you solely for the non-commercial purpose of helping you sleep better and for other similar purposes in accordance with the Terms and in accordance with Swedish law. Sleeping World makes no representation that the Service or its content is appropriate for use in other countries.

12.2.
Sleeping World has no obligation to pay compensation or other liability if Sleeping World can show that the failure is due to circumstances beyond Sleeping World's control and which Sleeping World could not reasonably foresee at the time the agreement was concluded and the consequences of which Sleeping World could not reasonably have avoided or overcome.

12.3.
Sleeping World is entitled to temporarily suspend or terminate the agreement (Service) with the User immediately if there is reason to suspect that the User has failed to comply with the Terms and Conditions or applicable laws, rules, regulations or if the User otherwise uses the Service in a manner that may result in damage to Sleeping World or third parties.

12.4.
Terms shall be governed by and construed in accordance with Swedish law. However, the Terms shall in no way limit any consumer rights the User may have as a result of mandatory laws in the country where the User is domiciled if it is a country other than Sweden.

12.5.
In the event of a dispute between Sleeping World and the User, the parties shall in the first instance attempt to resolve the dispute by agreement. If the parties cannot agree, the dispute shall be settled by the General Complaints Board (ARN), Box 174, 101 23 Stockholm, www.arn.se. Otherwise, the dispute shall be settled by a general court in Sweden.

12.6.
In addition, the European Commission provides an online dispute resolution website to help consumers and suppliers resolve their disputes out of court, see http://ec.europa.eu/consumers/odr/.

12.7.
If you are dissatisfied with the Service, its content or these Terms, you may remedy this by ceasing to use or otherwise discontinuing the Service.

12.8.
For more information about the Service, if you need help with any feature or your account please contact support@ayaofsweden.com.

Updated 2021-03-03
Sleeping World AB