Modification of Sleepace Services Terms and Conditions
Introduction : It is understood between the parties that Sleepace keeps the right, in any case, to modify all or part of the Sleepace Services Terms and Conditions, to reflect changes to the law or any applicable regulation, changes to our Services or any event which is deemed sufficient by Sleepace to command such revisions. Any new version of the Sleepace Services Terms and Conditions will not apply retroactively but replaces and supersedes the previous Sleepace Services Terms and Conditions. We advise you to frequently consult the Sleepace Services Terms and Conditions and to save the latter version on durable media.
Copyright Notice : All content included on our website (including the text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software) and the compilation of all such content that is used on this website is the property of Sleepace or its content suppliers, and is protected by applicable copyright laws.
Trademark Notice : Sleepace is our trademark and may not be used in connection with any other product or service that does not belong to Sleepace or that may cause confusion among customers or in any manner that disparages or discredits Sleepace. The same restrictions on use apply to other trademarks, not belonging to Sleepace, that appear on our website but which are the property of their respective owners, who may or may not be connected to Sleepace.
License to Use And Site Access : Sleepace grants a limited license to access and make personal use of this website and prohibits any download (except for page caching) or modification of any or all of it, except with the express prior written consent of Sleepace. This license does not include any collection, use, resale or commercial use of this website or the website content, any derivative use of this website or its content, any downloading or copying of account information for the benefit of another person, or any use of any data gathering and extraction tools. This website, or any part, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express prior written consent of Sleepace. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Sleepace without the express written consent of Sleepace. You may not use any Meta tags or any other "hidden text" that may have reference to Sleepace’s name or trademarks without the express written consent of Sleepace. Any unauthorized use terminates the license granted by Sleepace for the use of the website. You are granted a limited, revocable, and nonexclusive right to create and maintain a hyperlink to the home page of Sleepace only where this link does not portray Sleepace, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Sleepace logo or other proprietary graphic or trademark as part of the link without the express written permission of Sleepace.
General Sale Conditions : You will only use the Products and services provided by Sleepace for personal and non-commercial usage, and that You are not acting in a purpose related to a trade, business, craft or profession. To be in possession of the General Sale Conditions on a durable media especially, but not limited to, by printing them out; To be of age or authorized under the law of your country of residence to purchase or acquire such Product, and aware of the legal regulations framing this contract; That You have the right under the law of your country of residence to carry out an order and to receive delivery in the indicated venue; That You agree with, and don’t object with any clause or part of the General Sales Conditions; The Parties must understand any order as a full acceptance of the General Sales Conditions; To be fully aware that any order implies an obligation to pay.
Your Account : You may use Sleepace only if you are an adult, and by using the website Sleepace, you warrant and represent that you are 18 years of age or older. If you are under the age of 18, do not use access or register on Sleepace. In using this website, Sleepace requires you to register and create an account on the site. You agree as a condition of use and registration that we may contact you to inform you of changes to these Conditions of Use or describe new services available from Sleepace.
You are responsible for maintaining the confidentiality of and all activities that occur under your account and password. You also accept responsibility for restricting access to your computer, and you agree to immediately notify Sleepace of any security breach of your account. Sleepace shall not be responsible for any losses arising out of the unauthorized use of your account.
Sleepace reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at Sleepace's absolute discretion with giving any reason therefor. You may cancel your account at any time via information found on our Contact Us page.
Evidence – Electronic communication : Any notification and communication between Sleepace and you can be realised by any electronic means of communication such as emails. You hereby grant us your express consent for sending you by electronic means of communication any notification through your Sleepace Account.
Payment For Purchases : Payment for the ordered items is due at the time the order is acknowledged. Sleepace offers, at the point of checkout, various payment methods such as credit cards and other popular payment methods for customers to make payment for their ordered items. You will accept responsibility to pay all costs and fees in connection with your ordered items in relation to the use of the payment method of your choice. In the event of any unauthorized transactions made to your payment account by a third party, you will be responsible for the amounts billed. Where payment for purchase(s) on our website is not settled to Sleepace, you will agree to pay all amounts due to Sleepace upon demand.
Order Acceptance : Placing an order with, or making a payment to, Sleepace represents your offer to us to make a purchase of the ordered items. Sleepace will email you acknowledgement of your offer to confirm your order details. The offer of your purchase will be accepted by Sleepace when we dispatch the product to you and e-mail you confirmation of this, as represented by a dispatch email. In the event, your order includes multiple items, any item(s) included in your offer of purchase that are not dispatched and not included in the dispatch email, will not be included in the acceptance of your offer of purchase for those affected items.
Pre-Orders : Where your order basket includes "in stock" items along with "pre-order" items, "in stock" items are to be shipped at earliest when the items on "pre-order" are available for dispatch.
Passage of Risk : All items purchased from, and have payment settled to, Sleepace are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon delivery to the carrier selected by Sleepace to deliver your order. Where you are eligible for a refund for returned item(s), Sleepace does not take title to the returned item(s) until the item(s) arrives at our prescribed Returns Address along with the proper authorization and completed form. At Sleepace's own discretion, a refund may be issued without requiring a return; in such circumstances, Sleepace does not take title to the refunded item.
Cancellation, Returns and Refunds : You can submit Cancellation requests by e-mail for your order at any time prior to the dispatch. Where the dispatch has been made, you may request for a Refund up to 14 days after the goods are delivered (unless where physical damage is found when your order is delivered, you must notify us immediately); to submit the request, simply email us to start the process. Where you are eligible for a Refund, Sleepace will provide authorization and a returns address if appropriate. Most requests, that are within the 14 days period and that are (i) for new unopened items or (ii) found to be faulty will be eligible for a Refund. Goods returned for Refund must be in their original condition with all original packing, accessories and included materials. You must take all due reasonable care of the goods and return them in its original and undamaged condition. Where purchases are opened and are of usable software, consumable goods, or items impacted by hygiene, such items will not be eligible for Refund.
Any Refund approved shall be minus Refund Deductibles (comprising of a combination of, but not limited to, shipping costs incurred either by Sleepace or you, restocking fees, and administration costs). Details of Refund Deductibles are determined at the discretion of Sleepace, and shall be made available along with your refund eligibility information.
Furthermore, you agree to bear the costs of returning the item(s). The cost incurred in returning the item(s) may be eligible for reimbursement where the item(s) are found to be defective and if proper authorization from Sleepace is sought and provided prior to the return of the item(s).
Where a refund is requested and eligibility confirmed in accordance with these Conditions of Use, we will process the refund for the corresponding amount as soon as practicable; in any event the refund may take up to 30 (thirty) days, after refund eligibility is confirmed, to appear in your payment account.
Disclaimer of Warranties and Limitation of Liability : THIS WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE ARE PROVIDED BY SLEEPACE ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. SLEEPACE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING.
Sleepace, its staff, objectives and its affiliates shall be held harmless and shall not be liable for any damages, claims, losses, costs or expenses of any kind arising from your use of this website or from any medium of communication with Sleepace, or from any information, content, materials, products, (including software) or services included on or otherwise made available to you through this website.
You expressly agree that your use of this website is at your sole risk.
Disputes : Any dispute, or claim relating in any way to your visit to our website or to products or services sold or distributed by Sleepace will be subject to confidential binding arbitration in United States, rather than in court, except that you may submit for claims in small claims court if your claims qualify. Arbitration will not include any judge or jury, and court review of an arbitration ward is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would. Arbitration shall be conducted, and documents presented, in English; or be accompanied by an English translation of the documents. The Arbitration award will state the reason(s) upon which the award is based.
Applicable Law : You agree that the laws of the United States will govern these Conditions of Use, any other applicable polices and any dispute of any sort that might arise between you and Sleepace or its affiliates.