General Terms and Conditions of Nezt Descanso S.A. de CV

I. Basic Provisions

1. Application

The contract is entered into with Nezt Descanso

The terms and conditions of the contract apply to orders through our online store www.simple.mx.

The following terms and conditions apply to all contracts concluded between the seller and the respective buyer and are expressly acknowledged in the order. If the buyer is a natural person who enters into a transaction for a purpose that is neither commercial nor his independent professional activity, can be attributed to consumers

2. Conditions of the contract

The sale is understood to be made at our registered office, and purchasing through this portal implies acceptance of the general terms and conditions. The buyer can place their order through the integrated ordering system in our online store. When you buy through the online store, the products intended for purchase will be stored in the virtual “shopping cart.” By clicking the corresponding button on each page, the customer can view and make changes to their cart. After that, the buyer enters their personal details, chooses payment, and shipping options. Before finalizing the purchase, the customer has the opportunity to review their information again to modify or cancel the order. By submitting the order through the “Buy Now” button, the customer makes a binding offer.

The customer may return to the website before placing his/her order by clicking on the “Back” button on the web browser after reviewing his/her information and/or closing the web browser to cancel the order process.

Once the order has been placed, the customer expresses acceptance of the contract. The seller can confirm his order by e-mail or by delivering the goods.

3. Prices and shipping costs

Prices and corresponding offers include VAT (if applicable). The prices indicated on the checkout page when placing your order are the final prices. This includes all price components, including all applicable taxes.

Only in the case of cross-border deliveries, the buyer may be required to pay other taxes and/or levies (e.g. customs duties) to the responsible customs and tax authorities and not to the seller.

The customer assumes no responsibility for shipping costs, but these will be assumed by Nezt Descanso.

4. Delivery

(1) The maximum delivery time varies depending on the dimensions of the mattress. The product will be delivered within 40 working days. Delivery times will start counting from the next day after confirming the payment of the order. We handle only one shipment (standard shipment) which is totally free and made by the carriers mentioned on our website.

(2) Many of the products offered are directly available from us. Due to the large variety of sizes, the quantity available is limited to the usual customer demands. If you want to place large orders as a company, please check availability beforehand.

(3) We are not responsible for delays outside of our control. If the delivery of the product(s) is delayed due to an event beyond our control, we will contact you as soon as possible to inform you. We will take steps to minimize the impact of the delay. In case of a substantial delay risk, the customer may contact us to terminate the contract and receive a refund for any product that has been paid for but not received.

4) Delivery times will be extended in the event of force circumstances (such as strikes, employer shutdowns, official interventions, energy shortages, raw material shortages, transport bottlenecks, operational failures, such as fire, water, or machinery damage, or any other obstacle not objectively considered by us) that affect delivery. Any obstacle causing a delay will be communicated to you immediately. If the delay due to the aforementioned causes exceeds 4 weeks after the original delivery time, you are entitled to withdraw from the contract.

(5) In the case of consumers, the risk of accidental loss or damage to the products sold will be transferred to the customer or the recipient designated by the customer when the goods are delivered. This applies regardless of whether the shipment is insured or not. The transfer of risk is the same if the customer delays acceptance.

(6) If the customer delays with the acceptance of the product, Nezt Descanso reserves the right to sell the goods to a third party entity or hold the original customer liable for any loss.

(7) Shipments are made throughout Mexico.

(8) The transportation service includes only delivery to the second floor or first door of the address provided by the customer. For delivery to additional doors or upper floors, an extra charge must be paid to the transport company in charge of the delivery.

5. Reservation of ownership

(1) For consumers, we reserve the right to the purchased goods until full payment of the invoice amount.

(2) You are entitled to compensation only if your claims are legally established, or are recognized or undisputed by us. You also have the right of retention only to the extent that your claim is based on the same contract.

(3) If the customer is in arrears with any payment obligations owed to the seller, all existing sums shall be due and payable immediately.

6. Legal right of withdrawal

Consumers have the right to withdraw from the contract under the following conditions, provided that the consumer is a natural person who carries out a transaction for a purpose that is neither commercial nor his independent professional activity.

7. Cancellation policy

(1) Right of withdrawal

Consumers have the right of withdrawal within 14 days without giving reasons.

The withdrawal period is fourteen days from the day the consumer, or a third party designated by the consumer (other than the carrier), receives and takes possession of the product.

To exercise the right of withdrawal, you must notify us at Email ventas@simple.mx of your decision to withdraw from the contract by means of an unequivocal statement (e.g. a letter sent by post or email). The customer may use the sample cancellation form, but it is not mandatory.

In order to guarantee the withdrawal period, it shall be sufficient for the customer to send a notice to exercise the right to terminate the contract before the end of the period in which the contract may be terminated.

(2) Consequences of withdrawal

In the event of withdrawal on your part, we will refund all payments received from you, including delivery charges (except for additional costs arising from your choice of a delivery method other than the least expensive standard delivery option we offer) without undue delay and, in any case, no later than 24 calendar days from the date we are informed of your decision to withdraw from this contract. We will make this refund using the same payment method you used for the initial transaction, unless you have expressly stated otherwise; in any case, you will not incur any costs as a result of the refund. We will collect the goods at our expense. You will only be responsible for the depreciation in value of the goods resulting from handling beyond what is necessary to establish the nature, characteristics, and functioning of the goods. End of the withdrawal policy.

Cancellation form

If you wish to cancel the contract, please download and complete the following form and send it duly completed to ventas@simple.mx.

WITHDRAWAL FORM Nezt Descanso

8. Additional guarantee to the right of withdrawal

The additional guarantee starts after the expiration of the legal right of withdrawal and is 86 additional days. In total this gives the customer the right of withdrawal for 100 days (14 legal days, 86 additional days); except for the Nezt Descanso mattress product which has 30 days (14 legal days, 26 additional days).

To exercise the additional warranty, the customer must inform us (Nezt Descanso) of their decision. We will notify the customer of our decision by email or at the email address ventas@simple.mx to cancel their contract. The customer may use the sample withdrawal form, but it is not mandatory. To comply with the withdrawal period, it is sufficient to send a notification message to exercise the right of withdrawal before the end of the withdrawal period.

The seller may withhold the refund until the goods have been received, or until it has been proven that the goods have been shipped, whichever occurs first. Your legal right of withdrawal will not be affected by the rules regarding the right of withdrawal and will remain independent of it. The legal conditions will apply until the expiration of the legal withdrawal period. The customer’s right of withdrawal does not limit their legal warranty rights, which will remain unrestricted.

9. Language of the contract

This contract is offered exclusively in Spanish. Nezt Descanso will file the electronic documents in which the contract is formalized.

10. Legislation and Jurisdiction

The General Conditions are governed by Mexican law. This implies that the parties submit, at their option, for the resolution of conflicts and renouncing any other jurisdiction, to the courts and tribunals of the user’s domicile.

11. Limitation of liability

(1) We are fully responsible to the customer for any losses or damages caused by us. If we fail to comply with these terms, we are liable for any loss or damage the customer suffers as a result of our breach of this contract or our failure to exercise reasonable care and skill. We are not responsible for any loss or damage that is not foreseeable. A loss or damage is foreseeable if it is obvious that it will happen, or if, when the contract was made, both parties knew it would happen. For example, if it was discussed during the sales process.

(2) We do not exclude or limit in any way our liability to the customer if it is illegal to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors; for fraud or fraudulent misrepresentation; for the breach of your legal rights in relation to the product(s).

(3) We are not responsible for business losses. We provide the product(s) solely for domestic and private use. If you use the product(s) for any commercial, business, or resale purposes, we will not be liable for loss of profits, loss of business, business interruption, or loss of business opportunity.

II. Additional conditions for consumers

12. Terms of payment and shipping

Unless a different means is indicated for specific cases or offers, the products and services reported on this site can only be paid by means of:

Visa, Mastercard, or American Express bank credit cards, issued in Mexico or abroad, as long as they maintain a valid contact for this purpose with Mercado Pago.
Bank debit cards issued in Mexico by domestic banks that have a valid contract with Mercado Pago for such purposes.
Other electronic payment methods such as PayPal
Users acknowledge that they understand these payment methods or payment portals belong to third-party companies providing these services, independent and not affiliated with Nezt Descanso. Therefore, the continuity of their service provision over time, as well as the proper functioning of their tools and online payment buttons, will be the sole responsibility of the service provider companies and in no case of Nezt Descanso.

We can offer online payment service providers and credit institutions solutions whose sales conditions, credit contracts, right of withdrawal (if applicable), and specific terms must be acknowledged by customers for the service to be effective. The termination of the sales terms between Nezt Descanso and the customer may lead to the termination of the sales terms or the credit contract between the customer and the online payment service providers or credit institutions. Always carefully read the specific sales and usage conditions of the online payment service providers and credit institutions before using the respective payment and credit services on their respective websites.

13. Refund costs in case of cancellation

Refunds in case of cancellation are free of charge.

14. Warranty (Companies)

(1) The warranty period is two years from delivery of the goods. This does not apply to damage resulting in loss of life, injury to body or health, which is attributable to the seller and not to gross negligence or deliberate wilful damage or misrepresentation on our part.

(2) Only our details and description of the product(s) and the product(s) are deemed to be agreed; but not other advertising, public promises and statements by us.

(3) In case of a defective product, Nezt Descanso will proceed, as appropriate, to the repair, replacement, price reduction or termination of the contract, which will be free of charge for the consumer and user.

(4) The consumer and user shall inform the seller of the lack of conformity within two months of becoming aware of it.

15. Jurisdiction

Jurisdiction shall lie with the judges and courts of the consumer’s domicile.

III. Other requirements, if the buyer is not the consumer

16. Risk Transfer

The risk is transferred to the consumer, from the moment the goods are delivered.

17. Prolonged reservation of ownership

(1) We retain ownership of the goods if you are not a consumer until the full settlement of all claims arising from the current commercial relationship. The corresponding security rights are transferable to a third party. Before the transfer of ownership of the reserved goods, the buyer does not have the right to pledge the goods or deliver them as security.

(2) When not acting as the consumer, has the right to resell the products in the normal course of business.

In this case, the buyer should already assign all claims arising from the resale to the seller in the amount of the invoice amount. The seller accepts the assignment of the amount.

The buyer is authorized to collect the claim. The seller reserves the right to collect the claim if the buyer does not complete his payment obligation.

(3) In the case of connection and mixing of the reserved goods, the seller acquires co-ownership of the new item in the proportion of the invoice value of the reserved goods to the other items processed at the time of processing.

(4) The seller agrees to release the collateral owed to the seller upon the buyer’s request, to the extent that the value of the collateral exceeds the security right by more than 10%. The choice of which values to release is at the seller’s discretion.

18. Warranty

The warranty is applicable to Nezt Descanso products purchased at simple.mx or through one of our authorized distributors with delivery in Mexico.

In accordance with applicable Mexican consumer protection laws, the products come with a 3-year warranty, during which Nezt Descanso is responsible for any manufacturing defects that may arise. If a defect occurs within the first 2 years from the purchase or delivery of the product, it is presumed that the defect existed at the time of acquisition or delivery. This presumption will not apply if it is proven that the defect resulted from misuse of the product by the consumer. After the first 2 years, the consumer will be responsible for proving that the product already had the defect at the time of delivery.

The customer must unbox and allow the mattress to fully expand within six weeks of the delivery date. If this recommendation is not followed within the indicated timeframe, Nezt Descanso reserves the right not to offer compensation for any defects that may arise due to improper storage, or to send a new product to replace the original item. To make a return under our night trial policy, the product must be unboxed within six weeks of the delivery date.

19. Warranty Conditions:

The warranty is offered on the purchase of a new product and operates against manufacturing defects during the product warranty period from the date of delivery of the product.

a) The mattress warranty applies and is limited to any deformation or sinking of the mattress, despite proper use. In the event of deformation, it must exceed 2.5 centimeters and be visible to the naked eye. This does not include the standard softening of the mattress after prolonged use, and is only considered defective if a permanent indentation is visible, if there are cracks in the mattress foam, or if the mattress does not reach the correct size after unpacking. Our mattresses may have a deviation of up to 2-3 centimeters in length, width, and height compared to the reference measurements indicated. If the mattress takes a reasonable amount of time to regain its shape and does not conform to these dimensions or has damage to the cover, you will be entitled to exchange your mattress. The warranty applied to Nezt Descanso mattresses does not cover the natural wear of the cover during its use.

b) If the mattress has any of the above defects within the scope of your warranty, please contact us via email at ventas@simple.mx, as we will require photographic evidence of the defect in question. If there is insufficient evidence that any of the above criteria are met, we will not be able to replace the mattress in question.

c) If the product is defective, Nezt Descanso will replace it according to our current delivery timelines. In the case of a damaged product return, Nezt Descanso will collect it free of charge and replace it with an identical product. Due to the discontinuation of some products and/or sizes, if the product is not available in the Mexican market, Nezt Descanso will take responsibility for replacing the product. If the requested product is unavailable in any other market where Nezt Descanso operates, we will offer a product as identical as possible, based on what is available.

c) If the product is defective, Nezt Descanso will replace it according to our current delivery timelines. In the case of a damaged product return, Nezt Descanso will collect it free of charge and replace it with an identical product. Due to the discontinuation of some products and/or sizes, if the product is not available in the Mexican market, Nezt Descanso will take responsibility for replacing the product. If the requested product is unavailable in any other market where Nezt Descanso operates, we will offer a product as identical as possible, based on what is available.

e) We will need the order details to verify its legitimacy and process the exchange accordingly. If the relevant information is not provided and the order cannot be located in our system, it will be assumed that the product was purchased from an unverified seller, and therefore, we will not be responsible for the item exchange.

f) The warranty does not cover or extend to normal wear and tear or any condition of the product resulting from misuse or abuse of the product; standard softening of the mattress foam resulting from regular use; comfort preference after the trial period, including firmness preferences and/or heat retention levels; damage caused by mold, odor, discoloration due to abnormal care, such as liquid spills, inadequate ventilation, or excessive moisture; mattresses that have been damaged or soiled due to improper use; malfunctions or damage that occur because the mattress was not unboxed within a reasonable time (up to six weeks after delivery).

Billing Policy

The customer may request the invoice corresponding to his purchase only during the month in which the transaction was made. This request must be made through the channels established by the company for the issuance of invoices, by contacting our Customer Service team.

Exception: If the purchase is made in the last five (5) business days of the month, the customer will have a five (5) day extension into the current month to request the invoice. This extension aims to facilitate the billing process and ensure that all customers can receive their receipts in a timely manner. The company is not responsible for invoicing requests outside of the mentioned deadlines and reserves the right to reject any request that does not meet these conditions.

21. Customer Service

Our customer service team is available for questions, complaints and claims.
Email: ventas@simple.mx