Legal information and General Terms of Service
These general terms and conditions of service (hereinafter referred to as the "Terms") govern the use of paid services (hereinafter referred to as the "Services") offered by e-Namae OÜ (hereinafter referred to as "Dreemio") on the Dreemio.com website (hereinafter referred to as the "Site").
They define the respective rights and obligations of Dreemio and the Subscriber with regard to these services. Dreemio's full contact details can be found in the Terms and Conditions of Use, which can be accessed at the foot of the Site.
The conditions of use of the Site and the free services are also detailed in the General Conditions of Use, while the conditions of sale of the products are defined in the General Conditions of Sale, both of which are accessible at the foot of the page.
If you have any questions about your subscription, you can contact Dreemio's customer service by email at contact@Dreemio.com.
Dreemio reserves the right to modify these Terms at any time by giving the Subscriber one month's notice. If the Subscriber does not accept these changes, the Subscriber may terminate the Subscription in accordance with these Terms.
Definitions
The following terms, used in the singular or plural in these General Terms and Conditions of Service, have the following meaning :
- Subscriber Any individual of legal age who subscribes to a Dreemio Subscription for personal use.
- Subscription The contract enabling the Subscriber to benefit from the Specific Services, under the conditions defined in these Terms and Conditions.
- General Terms of Service (GTS) These conditions.
- Privacy policy Dreemio's rules concerning the protection of your personal data, which are available in the footer of the site and form an integral part of these Terms.
- Account Your personal space on the Site, accessible using your login details.
- Personal data Your personal information collected and processed by Dreemio as part of your Subscription, in accordance with the terms and conditions set out in the Privacy Policy.
- Withdrawal form The document allowing you to exercise your right to withdraw from the Subscription.
- Specific Services The functionalities and services detailed in the article "Subscription terms and conditions", accessible on the Site once an Account has been created, the Subscription has been paid for and these Terms and Conditions have been accepted.
- Website The Dreemio.com website published by e-Namae OÜ.
- Dreemio The company e-Namae OÜ, whose registered office is located at Lõõtsa tn 5, 11415 Tallinn, Estonia, and registered under number EE102333112.
Description of the subscription, its services and access conditions
All Subscribers have unlimited access to the Specific Services throughout the period of validity of their Subscription, subject to effective payment of the Subscription price and creation of an Account. These services are accessible exclusively from the Subscriber's Account.
Exclusive benefits for members:
- Discounts up to 50% on all products in the shop.
- Free delivery on all Subscriber orders.
- Unlimited access to a vast digital library of books to download at our partner youscribe.comA wide range of novels and books in French and English on a variety of subjects.
Important information: Dreemio does not distribute physical books.
The Subscriber will receive his login details by email when he places his order. Full details of the Specific Services are available on the Subscriber's Account.
The Subscriber is free to cancel his Subscription at any time from his Account.
Subscription terms and conditions
Creating and managing an account on the site
To subscribe to a Subscription, the Subscriber must first create an Account on the Site and provide the information requested, including his/her Personal Data. Once the Account has been created, a confirmation email will be sent to the Subscriber.
Each person may create only one Account, identifiable by surname, first name and e-mail address. The Subscriber must ensure the accuracy, sincerity and reliability of the information provided, in particular his/her Personal Data. A valid and functional e-mail address is required and will serve as the primary means of communication between the Subscriber and Dreemio. The Subscriber may also provide his or her telephone number, without obligation, and is informed of his or her right to register on an anti-solicitation list.
The Subscriber is responsible for updating his contact details and must make any changes as soon as possible via his Account accessible on the Site.
As a result, Dreemio cannot be held responsible for any errors in the contact details provided by the Subscriber, nor for any consequences this may have on the Subscription and access to the Specific Services.
The Subscriber has access to his or her Account by means of an identifier and a password that he or she creates himself or herself when creating his or her Account. The Subscriber is solely responsible for the use of these identification details and is obliged to keep them secret. Dreemio cannot be held responsible for the loss or theft of these identification details.
The Subscriber accesses his or her Account using an identifier and password provided by e-mail. The Subscriber is solely responsible for the confidentiality and use of these identifiers, and must keep them securely.
Dreemio cannot be held responsible for the loss or theft of these identifiers. These details can only be changed by the Subscriber or by Dreemio if the password is forgotten, upon written request.
Underwriting process
The Subscriber must access the Site and subscribe to the Subscription in the appropriate section. He must then enter his login and password to connect to his Account.
The Subscriber expressly accepts these General Terms and Conditions of Service by ticking the appropriate box. Payment for the Subscription is made by credit card.
The Subscription taken out by the Subscriber only becomes definitive once payment has been made.
Confirmation of subscription by Dreemio
When a Subscriber signs up for a Subscription on the Site, Dreemio will immediately send the Subscriber written confirmation by e-mail.
Subscription period
The Subscription is for a period of 30 days and is automatically renewed indefinitely, entailing monthly direct debits in accordance with the conditions set out in Article VII.
To cancel the Subscription for the current month, the request must be received by Dreemio no later than the 15th of the current month. Any request received after this date (or if the monthly direct debit has already been taken) will be carried over to the following month.
Cancellation can be made using the contact form on the Site, under the heading "Contact", or by e-mail to the following address: contact@Dreemio.com. Termination takes effect upon receipt by the Subscriber of confirmation of receipt of the request by Dreemio.
If the cancellation takes place after the start of the monthly direct debit, access to the Specific Services will be extended until the end of the current month, with the cancellation taking effect the following month.
Early account suspension and deactivation
In the event of a breach by the Customer of one or more of the obligations contained in the General Terms of Service and/or the General Terms of Use, such as payment problems, fraud or attempted fraud concerning the Specific Services, Dreemio has the right to suspend access to the Subscription without notice. Depending on the seriousness of the situation, Dreemio may also decide to terminate the Subscription and/or deactivate the Customer's Account, without the Customer being entitled to claim damages.
Dreemio also reserves the right to refuse to conclude a contract with an Internet user who has been excluded or sanctioned for such behaviour.
Financial terms and conditions
The Subscription fee (38,95€), displayed in euros and including all applicable taxes, can be consulted on the Site. The subscription starts automatically after the 3-day trial period.
Subscription payments are made exclusively by credit card (CB, Visa, MasterCard) via a secure payment platform operated by an external service provider. Dreemio does not store any bank details and cannot be held responsible for any fraudulent use of payment methods.
Dreemio reserves the right to change the price of the Subscription at any time. Subscribers will be informed of any price changes by e-mail at least two months before they take effect. In the event of disagreement with the new price, the Subscriber may terminate the Subscription in accordance with article 5 of these GTS.
The Subscription implies an automatic monthly direct debit of the amount defined at the time of the order. This direct debit guarantees continuous and unlimited access to the Specific Services, and will be made between the 1st and 31st of each month. The Subscriber undertakes to maintain sufficient funds to enable this direct debit to take place.
Access to services
The Specific Services are instantly available to the Subscriber, either after full payment of the Subscription or from the start of the free 3-day trial period. Access is made directly from the Subscriber's Account on the Site.
Right of withdrawal
In accordance with :
- Article L. 221-9 of the French Consumer Code:
"The trader shall provide the consumer with a dated copy of the off-premises contract, on paper signed by the parties or, with the consumer's agreement, on another durable medium, confirming the express commitment of the parties.
This contract includes all the information specified in article L. 221-5.
Where applicable, the contract shall mention the consumer's express agreement to the supply of digital content independent of any material medium before expiry of the withdrawal period and, in that event, the consumer's waiver of the right to withdraw.
The contract is accompanied by the standard withdrawal form referred to in 2° of Article L. 221-5.
- Article L. 221-13 of the French Consumer Code:
"The trader shall provide the consumer, on a durable medium, within a reasonable period of time after the conclusion of the contract and at the latest at the time of delivery of the goods or before the start of the performance of the service, with confirmation of the contract including all the information provided for in Article L. 221-5, unless the trader has already provided it to him, on a durable medium, before the conclusion of the contract. The contract shall be accompanied by the standard withdrawal form mentioned in 2° of the same article.
Where applicable, the trader shall provide the consumer, under the same conditions and before the end of the withdrawal period, with confirmation of his express agreement to the supply of digital content not presented on a tangible medium and of his waiver of the right of withdrawal.
- Article L. 221-26 of the French Consumer Code:
"A consumer who has exercised his right of withdrawal from a contract for the supply of digital content not provided on a tangible medium shall not owe any sum if :
1° The trader has failed to obtain the consumer's prior express agreement to perform the contract before the end of the withdrawal period and to provide proof that he has waived his right of withdrawal;
2° The contract does not include the information specified in the third paragraph of Article L. 221-9 and the second paragraph of Article L. 221-13.
- Article L. 221-28 of the French Consumer Code:
"The right of withdrawal cannot be exercised for contracts :
(...)
The supply of digital content not provided on a tangible medium, performance of which has begun after the consumer has given his express prior consent and expressly waived his right of withdrawal".
Subscribers wishing to exercise their right of withdrawal may decide to withdraw from their Subscription, without having to give any reason, within thirty (30) clear days of receiving their login details for access to the members' area of the site by sending Dreemio the duly completed Withdrawal Form by e-mail or post.
As soon as possible after the Subscriber has received the Withdrawal Form indicating that the Subscriber wishes to exercise his or her right of withdrawal, Dreemio will acknowledge receipt to the Subscriber by e-mail and suspend the Subscriber's access to the Specific Services.
If the Subscriber wishes to benefit from the Specific Services, and therefore their Subscription, without waiting the thirty (30) days from their subscription, Dreemio will obtain their express request by means of an opt-in when they subscribe to the Subscription.
Subscribers who exercise their right of withdrawal after having requested that the Subscription begin before the (30) thirty-day period shall pay Dreemio an amount corresponding to the Specific Services provided up to the date of communication of their decision to withdraw.
This amount is invoiced on a pro rata temporis basis for the Subscriber's use of the Subscription until the communication of his decision to withdraw.
Protection of Personal Data
The Company undertakes to process the Subscriber's personal data in accordance with its Privacy Policy, which can be consulted at the foot of the Site.
Assistance - Claims
For any questions, information or complaints concerning the technical aspects or Specific Services, please contact us at the following address: contact@Dreemio.com.
Miscellaneous provisions
Communications and Evidence
Unless otherwise specified in these Terms and Conditions of Service, exchanges between Dreemio and the Subscriber will take place mainly by e-mail.
In accordance with articles 1366 et seq. of the French Civil Code, the Subscriber acknowledges the validity of information transmitted electronically by Dreemio. This information, including the date and time it was sent or received, as well as its content, will be considered authentic unless the Subscriber provides written proof to the contrary.
The information provided on the Site has the same legal value as an original paper document signed by hand.
Entire contract
These Terms and Conditions of Service constitute the entire agreement between Dreemio and the Subscriber with respect to the subject matter hereof. The failure of either party to insist upon or enforce strict performance of any provision shall not constitute a waiver of such provision.
Divisibility and Interpretation
If one or more of the provisions of these GTCS are held to be invalid or unenforceable, this will not affect the validity of the remaining provisions, which will remain in full force and effect, unless the invalidated provisions were essential to the agreement between the parties.
The headings of the clauses in these GTS are intended solely for ease of reference and have no legal force. In the event of any conflict between a title and the content of a clause, the content of the clause shall prevail.
Applicable law and dispute resolution
These General Terms and Conditions of Service are governed by Estonian law.
In the event of any dispute relating to these GTS, the Subscriber undertakes to contact Dreemio in writing to attempt to find an amicable solution.
If no amicable agreement is reached within one year of the written complaint, the Subscriber may choose to have recourse to mediation, either by choosing a mediator or by using the European online dispute resolution platform : https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage.
Failing amicable resolution or mediation, the Subscriber may bring the matter before the competent Estonian courts.
Appendix 1: Right of withdrawal
You have a period of fourteen days to withdraw from this Subscription, without justification. This period runs from the date of conclusion of the contract.
To exercise your right of withdrawal, you must inform Dreemio of your decision in an unambiguous statement (e.g. letter, email). You may use the withdrawal form (Appendix 2), but this is not obligatory. You can send your notification by post to the following address: e-Namae OÜ, Lõõtsa tn 5, 11415 Tallinn, Estonia, or by email to contact@Dreemio.com.
We will acknowledge receipt of your withdrawal without delay on a durable medium (e.g. by email). In order for the withdrawal period to be respected, you simply need to send your notification before it expires.
In the event of withdrawal, we will refund all payments received, within a maximum period of fourteen days from receipt of your notification. The refund will be made using the same method of payment as that used for the original transaction, unless you agree otherwise.
If you have expressly requested that the services begin during the withdrawal period, you will have to pay us an amount proportional to the services provided up to the notification of your withdrawal. This amount will be calculated on a pro rata basis according to the duration of use of the Subscription.
Annex 2: Withdrawal form
(Please complete and return this form only if you wish to withdraw from the contract).
Attention: e-Namae OÜ, Lõõtsa tn 5, 11415 Tallinn, Estonia
I/We (*)) hereby notify you () of my/our (*) withdrawal from the contract for the provision of (*) services.) below:
Ordered on (*))/received on (*) :
Name of consumer(s) :
Address of consumer(s) :
Signature of the consumer(s) (only in the case of notification of this form on paper) :
Date :
(*) Delete as appropriate.