Qapla Ventures LLC  ("Qapla", "we", "us" and "our") provides; subject to the conditions contained below, the Website which can be accessed at www.dreamwithus.com ("Website") and which is owned by Qapla, for the sale of bedding and personal consumer items components and services related thereto ("Goods").

Our web-based store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

BY USING THE WEBSITE YOU WARRANT THAT YOU ARE AN ADULT CONSUMER 18 (EIGHTEEN) YEARS OF AGE [19 (NINETEEN) YEARS OF AGE IN THE EVENT OF RESIDENTS FROM THE STATE OF NEBRASKA AND THE STATE OF ALABAMA, AND 21 (TWENTY-ONE) YEARS OF AGE IN THE EVENT OF RESIDENTS FROM THE STATE OF MISSISSIPPI] {collectively referred to as “THE AGE OF MAJORITY”} OR OLDER AND OF FULL LEGAL CAPACITY.

PLEASE DO NOT PROCEED WITH THE USE OF THE WEBSITE IF YOU ARE UNDER THE AGE OF MAJORITY OR DO NOT AGREE WITH THE TERMS AND CONDITIONS SET OUT HEREIN.

These T&C apply to users of the Website including without limitation, users who are browsers, vendors, customers, merchants, and/or contributors of content. You may not use the website for any illegal or unauthorized purpose. It is your responsibility to obtain clarity from us or your own legal advisor if there are any T&C that you do not understand prior to you accepting the T&C or using the Website for purchasing of Goods.

These Terms and Conditions ("T&C") govern your use of the Website as well as the ordering, sale, and delivery of Goods.

These T&C and the Qapla privacy policy (the "Privacy Policy") that can be found under the Privacy Policy link of the Website, sets forth the legally binding terms for your use of the Website and purchasing of the Goods.

1. THE SMALL PRINT RELATING TO THE GOODS AND PROCESSES

1.1       QAPLA offers you the Goods solely as defined on the Website and subject to the limitations and restrictions as set out here below. Occasionally there may be information on our Website that contain typographical errors, inaccuracies, or omissions including but not limited to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to; at any time and without prior notice (including after you have submitted your order), correct any errors, inaccuracies, or omissions, and/or to  change or update information or cancel orders in relation thereto.

1.2       We reserve the right to; in our sole discretion, not process orders or limit the sales of the Goods inlcuding the quantity thereof to any user, household, customer account, credit card, shipping adderess, billing addres, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. All descriptions of Goods or pricing are subject to change at any time without prior notice. We reserve the right to discontinue any Goods at any time. 

1.3       We will use our best endeavours to ensure that the Website is current with regards to Goods and that discontinued or sold out Goods are removed from the Website as speedily as possible after the occurrence of such event.  We can however not guarantee the availability of the Goods and will notify you if Goods are no longer available and refund any payment received by us in respect of such Goods.

1.4       We will use our best endeavours to ensure that the Website accurately reflects the description, availability, price and colours of the Goods. Please note that colour perception can differ from person to person. Factors such as monitor type, view settings, print variations and personal perceptions do come into play. We shall not be liable to you for any claim, loss or expense relating to a transaction based on any such error of whatsoever nature on the Website (which are not due to our gross negligence), but for refunding you the amounts already paid and received by us only in the event of incorrect pricing or unavailability of Goods.

1.5       Only registered users may place orders for Goods, which QAPLA may accept or reject. Acceptance by QAPLA of an order depends on the availability of the Goods, correctness of the information pertaining to the Goods (including but not limited to the price), correctness of your information and receipt by us of payment for the Goods.

1.6       Transmission of a delivery or dispatch notification by us will constitute an acceptance of your order for the Goods at which point a valid agreement of sale will come into effect between you and us.  

1.7       Placement of Goods in the shopping basket without completing the purchase cycle does not constitute an order by you. We will not be held liable if the Goods are no longer available when you complete the purchase cycle for Goods in the shopping basket.

1.8       Your order will be deemed rejected if we notify you of cancellation thereof. You will be able to cancel your order, by email only at help@dreamwithus.com, at any time prior to receiving a dispatch or delivery notification.

1.9       Payment options are as reflected on the Website. You must ensure that the payment is effected within the timeframe stipulated on the Website from placement of your order and if required submit proof of such payment to us failing which your order will automatically be cancelled. Selection of payment by debit or credit card will result in you being directed to a secure link for such payments.

1.10     Goods ordered and paid for will be delivered to you by courier or registered post, the method of which is determinable at our discretion. The delivery cost for a United States of America specified delivery address is, unless specifically otherwise stated, deemed included in your purchase price for the Goods. Deliveries will be effected as speedily as practically possible and we endeavour to complete USA deliveries within a period of 7 (seven) days from date of order payment received. We will notify you should there be an unanticipated delay in delivery in excess of 14 (fourteen) days and you will then be afforded a 7 (seven) day period from date of such notification to notify us whether or not to proceed with the delivery. You will in the event of electing to terminate be entitled to a refund of the monies received in respect of the Goods on the basis as set out in below. Delivery periods outside of USA will be location dependent. Any delivery queries can be directed by email to: help@dreamwithus.com.

1.11     Any refund due to you shall be effected as soon as possible after occurrence of the refund event, but by no later than 2 (two) weeks after the occurrence of such event.

1.12     All payments made by us will be made via EFT only into the USA bank account details supplied by you. Payments made by us shall; unless specifically stated to the contrary, not be subject to payment of any payment administration fee levied by us. The aforegoing does not exclude the right of your bank to levy charges for EFT payments made by us into your account, for which we cannot be held liable. You hereby waive any claim, monetary or otherwise, that you may have against QAPLA in respect of any possible delay in payment or for failure by your financial institution to immediately credit your bank account after receipt of payment from us.

1.13     You acknowledge that a certificate issued by a director or manager of QAPLA, whose authority need not be proven, shall be prima facie proof of the amount and date of payment. The parties agree that this certificate shall be binding and does not grant you access to the bank or financial statements of QAPLA which remains confidential.

 

 2. YOUR ACCOUNT

To place orders for Goods on the Website, you must create a QAPLA client account ("Account") through the Website. This Account is the basis for proceeding with an order for Goods on the Website. It is your obligation to maintain accurate and up to date details of your Account.

2.1       ELIGIBILITY

By completing the Account information, you represent and warrant that:

2.1.1    you are over the Age of Majority;

2.1.2    all registration information you submit is truthful and accurate;

2.1.2    you will maintain the accuracy of such information;

2.1.3     your use of the Website does not violate any applicable law or regulation or this T&C or induce or solicit any other person to do so;

2.14      you will not upload or transmit viruses or any other type of malicious code or interfere with of circumvent the security features of the website that will or may be used in any way that will affect the functionality or operation of the website or our business; and

2.1.4     you understand that your personal information provided will be subject to the provisions of our Privacy Policy.

2.2       PASSWORD

2.2.1     When you sign up to become a registered client of the Website ("User"), you will be required to choose a login name and a password for your Account. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the Account, username, or password of another User at any time. You are solely responsible for use of your Account and agree to notify us immediately if you suspect any unauthorized use of your Account or access to your password.

2.2.2     By using your login details you will be able to view and manage your Account online.

2.3       TERM

2.3.1     This T&C shall remain in full force and effect until you delete your account from the Website.

2.3.2    We may terminate your Account:

2.3.2.1 if you are in breach of this T&C;

2.3.2.2 if we decide in our sole discretion to stop discontinue sale of the Goods; or

2.3.2.3 for any or no reason, without giving you notice.

2.3.3     You understand that any termination of your Account may involve deletion of your Account information from our live databases and all the information stored for such Account.

2.3.4     QAPLA will not have any liability whatsoever to you for any termination of your Account or related deletion of your information. We may modify, suspend, or discontinue the Services at any time, for any reason, at our sole discretion.

 3. LIMITATIONS OF THE WEBSITE

You acknowledge that:

3.1       the Website may not be available; and

3.2       access and use of the Website may not be provided at any specific level of quality.

3.3       In no event shall we be liable to you or any third party for any loss of profit or any indirect, consequential, exemplary, incidental, or any other damages arising from your use of the Services, other than as provided for under applicable legislation, including the Consumer Protection Act 68 of 2008.

4. PROPRIETARY RIGHTS

4.1       QAPLA             MATERIALS; LICENSE; OWNERSHIP AND RESTRICTIONS.

4.1.1     The Website, as well as intellectual property rights vested therein; including but not limited to the trademarks, copyright, content and other intellectual rights vested therein (collectively referred to as "the material") are exclusively licensed to and vests in QAPLA. All rights thereto remain strictly reserved.

4.1.2     QAPLA grants you the limited right to the information and content provided on or through the Website (the "QAPLA Materials") only on your web browsing device, provided that the QAPLA Materials remain unmodified, and is solely for your personal or internal informational use (i.e. not distributed or otherwise transmitted outside of your home or company, or otherwise broadcast in any media).

4.1.3     This limited license terminates automatically, without notice to you, if you breach this T&C or upon termination or expiration of your Account.

4.1.4     Upon termination of this limited license, you agree to immediately destroy any downloaded and/or printed Materials. You acknowledge that all the intellectual property rights in the Website, Goods and QAPLA Materials are owned by us or our licensors; and the intellectual property rights in the Advertisements are owned by the respective Advertiser or such Advertiser’s licensors.

4.1.5    Except as expressly set forth herein, you agree not to:

4.1.5.1  reproduce, modify, publish, transmit, distribute, publicly perform, or display, sell, or create derivative works based on the Goods or QAPLA Materials; or

4.1.5.2  rent, lease, loan, or sell access to the Website.

4.1.6     You acknowledge that, except as expressly provided herein, you have no right, title, or interest in or to the Goods and QAPLA Materials. Contact: help@dreamwithus.com for any other mode of sharing, copyright questions and/or permission requests. Any unauthorized reproduction or use of this material will constitute a copyright infringement and render the doer liable under both civil and criminal law.

4.2       FEEDBACK AND USER COMMENTS

4.2.1     QAPLA may periodically request that you provide, at your election, feedback regarding the use, operation and functionality of the Website and the Goods ("Feedback"). Such Feedback will include without limitation user-desired features. You hereby assign to us all rights in the Feedback and agree that we will have the right to use the Feedback and related information in any manner it deems appropriate.

4.2.2     The website may also may from time to time offer publicly accessible blogs, reviews, or forums. Any information you provide in these areas may be read, collected, and used by others who access them. To request removal of your information from blogs, customer reviews or forums, please contact us by email: help@dreamwithus.com. Please note that in some cases we may be unable to remove your information.

4.2.3     Participation by you as per clause 4.2.2 above or in the event of use by you of any social media platform or social media handle or tag associated with QAPLA you agree that you provide QAPLA with an unrestricted, irrevocable, royalty-free, perpetual, fully paid-up, transferable, worldwide license to use the content and/or uploaded image(s) in any and all materials as we deem fit, including but not limited to social media platforms, marketing and promotional campaigns and our website. You furthermore confirm that such content and/or uploaded image(s) do not infringe the right of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of our services or any related Site. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

4.2.4     We reserve the right to in our sole discretion  monitor, edit, or remove content that we determine as an unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these T&C.

5. ACCEPTABLE USE

5.1       You are solely responsible for any use of the Website through your Account.

5.2       Any use of the Website in violation of this T&C may in the sole discretion of QAPLA result in, among other things, immediate termination or suspension of your rights to use the Website for ordering of Goods and/or cancellation  and/or suspension of orders placed by you.

6. PERSONAL INFORMATION

6.1       Your Personal Information is dealt with as detailed in our comprehensive Privacy Policy. To view our Privacy Policy click here.

7. DISCLAIMERS

7.1       The Website is solely provided as available. We expressly disclaim any warranties and conditions of any kind, whether express or implied, including, but not limited to, the warranties or conditions of merchantability, fitness for a particular purpose, title, accuracy, or non-infringement. Without limiting the foregoing, we make no warranty that the services will meet your requirements; be available on an uninterrupted, timely, secure, or error-free basis or meet any quality specification.

7.2       Neither we nor any of our agents or representatives shall be liable for any direct or indirect damage, loss or liability of whatsoever nature arising from the use or inability to this Website or content provided from and through this Website or the Services. We make no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this Website or the Goods are free from errors or omissions. You are encouraged to report any possible malfunctions and errors to us.

7.3       Certain content on our website may include materials from third-parties. Third-party links on this website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of such third-party websites.

7.4       We are not liable or responsible for any interaction or transaction by you on such third-party website. Ensure that you carefully review third-party website terms and policies and make sure you understand them before you use such website. Complaints, claims, concerns, or questions regarding third-party websites, their services or products should be directed to the third-party. Please notify us should you suspect fraudulent or illegal conduct on the third-party website.

8. LIMITATION ON LIABILITY

8.1       In no event shall we be liable to you or any third party for any loss of profit or any indirect, consequential, exemplary, incidental, or any other damages arising from your use of the Website and you irrevocably agree to indemnify and hold us harmless in such instance.

9. PROMOTIONS AND COMPETITIONS

9.1       We may from time to time run promotions and/or competitions to build brand loyalty, grow brand awareness, reward and/or incentivise our customers.

9.2       Promotions are unless specifically stated otherwise subject to limited duration or limited stock availability as stated in promotion specific material.

9.3       Promotions are conducted independently of each other and you cannot use promotional items of one promotion to benefit from another concurrently running promotion.

9.4       Promotions may be subject to further specific terms and conditions which will be stated in the promotion specific material.

9.5       Competitions will be subject to the general competition rules as stated in this website and such further competition specific terms and conditions as stated in the competition specific material.

9.6       Please note that unless specifically stated to the contrary only 1 promotion can be applied per cart.

10. GENERAL

10.1      These T&C may be modified by us at any time. The changes will appear in this document which you can access at any time by logging onto the Website. You agree that your continued use after such an amendment shall constitute your acceptance of the amended T&C and that you will be bound thereto.

10.2      No waiver of any of the terms or conditions of this T&C will be binding for any purpose unless expressed in writing and signed by the Party giving the same and any such waiver will be effective only in the specific instance and for the purpose given.

10.3      No failure or delay on the part of either Party in exercising any right, power or privilege will operate as a waiver, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege.

10.4      If any of the provisions of this T&C are found to be invalid, unlawful, or unenforceable, such terms shall be severable from the remaining terms, which shall continue to be valid and enforceable.

10.5      Please be aware that you will be liable for the data charges of your internet services provider for accessing and use of the Website. You need an appropriate functioning web browsing device to use the Website and that providing this is solely your responsibility.

10.6      You hereby indemnify and waive all claims against QAPLA and its employees and agents from any claims, damages, cost and expenses (including attorney-own client costs) of every kind and nature, arising out of or in any way connected with any interaction or communication with any person or entity through your use of the Services and the products and services promoted in the Advertisements.

10.7      This T&C are governed by the laws of the State of Texas. Through your use of the Website, you consent to the jurisdiction of the San Antonio, State of Texas Courts for any dispute that may arise out of it.

10.8      QAPLA hereby selects the physical address as per clause 11.3 below ("nominated address") as its address for service of all formal notices and legal documents relating to your use of the Website or these T&C. We reserve the right to change the nominated address at any time without prior notice to you by updating these T&C.

10.9       You hereby select the delivery address specified in your order for the Goods as your nominated address, which you may change at any time prior to placing subsequent orders.

10.10    All notices must be hand delivered, sent by pre-paid registered post, or sent via email and will be deemed to be received as follows:

10.10.1  hand delivery: on the day of actual delivery;

10.10.2  pre-paid registered post: 10(ten) working days after date of posting, subject to being in possession of the issued registered post transmission receipt;

10.10.3  e-mail: subject to successful delivery notification, on the business day following the day of transmission

10.11    Some jurisdictions do not allow the disclaimer of warranties or conditions in which event such disclaimers may not apply to you.

10.12    Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions liability is limited to the fullest extent permitted by law. Regardless of the previous paragraphs, if Qapla Ventures is found to be liable, our liability to you or to any third party is limited to the greater of (a) the amount in dispute not to exceed the total amount which you paid to us in the twelve (12) months prior to the action giving rise to the liability or (b) USD $100.

11. QAPLA INFORMATION

STATUTORY REGISTRATON AND CONTACT INFORMATION

            Registered Name:       QAPLA VENTURES LLC

            Registration Number: 803686750

            Physical Address for receipt of legal service (postal and street address):

            9800 San Pedro Avenue, San Antonio, TX, 78216, United States

Official Email address:           help@dreamwithus.com


Your Feedback is always welcome. We welcome any comments or questions you may have, which can be done by emailing us at: help@dreamwithus.com

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