Terms of service

OVERVIEW

Welcome to Sleep UP! The terms "we," "us," and "our" refer to Sleep UP. Sleep UP operates this shop and website, including all information, content, features, tools, products, and services, to provide you, the customer, with a personalized shopping experience (the "Services"). Sleep UP is powered by Shopify, which enables us to provide these Services to you.

The following terms and conditions, together with the policies mentioned herein (these "General Terms and Conditions" or "Terms"), describe your rights and obligations when using the Services.

Please read these General Terms and Conditions carefully, as they contain important information about your legal rights and cover topics such as warranty disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to these General Terms and Conditions and our Privacy Policy. If you do not agree to these General Terms and Conditions or the Privacy Policy, you may not use or access our Services.

SECTION 1 – ACCESS AND ACCOUNT

  • By agreeing to these General Terms and Conditions, you represent that you are of legal age in your state or region of residence and have given us your consent to allow your minor dependents to use the Services on devices that you own, have purchased, or manage.

  • To use the Services, including accessing or navigating our online shops or purchasing products, you may be asked to provide certain information, such as your email address and billing, payment, and delivery information. You represent and warrant that all information you provide is accurate, current, and complete.

  • You are solely responsible for the security of your account login data and for all activities on your account. You may not transfer, sell, or license your account to any other person.

SECTION 2 – OUR PRODUCTS

  • We strive to display our products as accurately as possible. However, please note that colors or product appearance may vary depending on your device settings and screen configuration.

  • We do not warrant that the appearance or quality of any products or services purchased will meet your expectations or match the representations in our online shops.

  • All product descriptions are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time.

SECTION 3 – ORDERS

  • By placing an order, you are making an offer to purchase. Sleep UP reserves the right to accept or reject your order at its sole discretion for any reason.

  • Your order is only considered accepted once confirmed by Sleep UP and after payment has been received and processed.

  • You represent and warrant that your purchases are for personal or household use only and not for commercial resale or export.

SECTION 4 – PRICING AND BILLING

  • Prices, discounts, and promotions are subject to change without notice. The price charged will be the price in effect at the time the order is placed.

  • Unless stated otherwise, prices do not include taxes, shipping, handling, or customs duties.

  • You agree to provide current, complete, and accurate purchase and account information for all purchases made.

SECTION 5 – SHIPPING AND DELIVERY

  • We are not liable for shipping and delivery delays. All delivery times are estimates and are not guaranteed.

  • Title and risk of loss pass to you once we transfer the products to the shipping carrier.

SECTION 6 – INTELLECTUAL PROPERTY

  • Our Services, including all trademarks, texts, images, and designs, are the property of Sleep UP, its affiliates, or licensors and are protected by international intellectual property laws.

  • You may use the Services for personal, non-commercial purposes only. Any unauthorized use may constitute a violation of law.

SECTION 7 – OPTIONAL TOOLS

  • We may provide access to third-party tools which we neither monitor nor control.

  • You acknowledge that we provide access to such tools "as is" and "as available" without any warranties or endorsements.

SECTION 8 – THIRD-PARTY LINKS

  • The Services may contain hyperlinks to third-party websites. We are not responsible for examining or evaluating the content or accuracy of these materials.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

  • While Sleep UP is powered by Shopify, all sales and purchases are concluded directly with Sleep UP.

  • You acknowledge that Shopify is not responsible for any aspect of the transactions between you and Sleep UP and you release Shopify from any liability arising from such transactions.

SECTION 10 – PRIVACY POLICY

  • All personal data collected is subject to our Privacy Policy and, in some cases, Shopify’s Privacy Policy.

  • By using the Services, you confirm that you have read these privacy policies.

SECTION 11 – FEEDBACK

  • If you submit ideas or feedback, you grant us a perpetual, worldwide license to use, reproduce, and display such feedback in any medium for any purpose.

  • You are solely responsible for the accuracy of your feedback and ensuring it does not violate third-party rights.

SECTION 12 – ERRORS AND INACCURACIES

  • We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information in the Services is inaccurate at any time without prior notice.

SECTION 13 – PROHIBITED USES

  • You are prohibited from using the site or its content for any unlawful purpose, to solicit others to perform unlawful acts, or to violate any international or local regulations.

  • We reserve the right to terminate your use of the Services for violating any of the prohibited uses.

SECTION 14 – TERMINATION

  • We may terminate this agreement or your access to the Services at any time without notice. You remain liable for all amounts due up to the date of termination.

SECTION 15 – DISCLAIMER OF WARRANTIES

  • The Services and all products are provided "as is" and "as available" for your use, without any representation, warranties, or conditions of any kind, either express or implied.

SECTION 16 – LIMITATION OF LIABILITY

  • To the extent permitted by law, Sleep UP and Shopify shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, or consequential damages of any kind.

SECTION 17 – INDEMNIFICATION

  • You agree to indemnify and hold Sleep UP and Shopify harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to your breach of these Terms.

SECTION 18 – SEVERABILITY

  • If any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law.

SECTION 19 – ENTIRE AGREEMENT

  • These Terms and any policies posted by us constitute the entire agreement and understanding between you and us.

SECTION 20 – ASSIGNMENT

  • You may not assign your rights or obligations under these Terms without our prior written consent.

SECTION 21 – GOVERNING LAW

  • These Terms shall be governed by and construed in accordance with the laws of the country where Sleep UP has its headquarters.

SECTION 22 – HEADINGS

  • The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 23 – CHANGES TO TERMS AND CONDITIONS

  • We reserve the right to update, change, or replace any part of these Terms by posting updates to our website. Your continued use of the Services constitutes acceptance of those changes.

SECTION 24 – CONTACT INFORMATION

Questions about the General Terms and Conditions should be sent to: jm.scaling.solutions@gmail.com

JMM Marketing Gbr jm.scaling.solutions.com Hauptstraße 19a, 76547 Sinzheim +49 1786304090 Tax Number: [33089/36062]