Terms of service

OVERVIEW

Welcome to SOMNELEC! The terms “we”, “us” and “our” refer to SOMNELEC. SOMNELEC operates this store and website, including all related information, content, features, tools, products and services, to provide you with a convenient shopping experience (the “Services”).

Our products and services focus on smart sleep monitoring technology, including smart pillows and related sleep-tracking features. SOMNELEC is powered by Shopify, which enables us to provide our online store Services to you.

The following terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and responsibilities when using our Services.

Please read these Terms carefully, as they include important information regarding your legal rights, warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy . If you do not agree, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, and that you have given your consent to allow any minor dependents to use the Services on devices you own, purchase or manage.

To use our Services, including browsing our online store or purchasing products, you may be asked to provide information such as your email address, billing information, payment details and shipping address.

You represent and warrant that all information provided is accurate, current and complete.

You are responsible for maintaining the security of your account credentials and all activities conducted through your account. You may not transfer, sell, assign or license your account to another person.

SECTION 2 - OUR PRODUCTS

We make every effort to accurately represent our products and services, including smart sleep monitoring pillows and related accessories.

However, product colors, appearance and details may vary depending on your device, screen settings and other factors.

Product features, including sleep monitoring and related app functionality, may depend on device compatibility, software availability and proper product usage.

Sleep monitoring information provided by SOMNELEC is intended for general wellness and informational purposes only. Unless expressly stated otherwise and supported by applicable regulatory authorization, our products are not intended to diagnose, treat, cure or prevent any disease or medical condition, or to replace professional medical advice.

We do not guarantee that the appearance, performance or quality of products purchased will meet every individual expectation.

Product descriptions, specifications, availability and pricing may change without prior notice.

We reserve the right to discontinue products or limit quantities available to any person, geographic region or jurisdiction.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase.

SOMNELEC reserves the right to accept or decline any order at its discretion, subject to applicable law.

Your order is not considered accepted until SOMNELEC confirms acceptance and processes payment.

Please review your order carefully before submitting it. We may be unable to accommodate cancellation or modification requests after an order has been accepted.

If we cancel or modify an order, we will attempt to notify you using the email address, billing address or phone number provided during checkout.

Purchases are subject to our Refund Policy.

You represent that products purchased are intended for personal or household use and not for unauthorized commercial resale or export.

SECTION 4 - PRICES AND BILLING

Prices, discounts and promotions may change without notice.

The price charged will be the price displayed at checkout when your order is placed, as confirmed in your order confirmation.

Unless otherwise stated, prices may exclude applicable taxes, shipping fees, customs duties or import charges.

Promotional offers may be subject to additional terms and conditions.

You agree to provide accurate and complete billing, payment and account information.

You authorize SOMNELEC and its payment service providers to process payments associated with your purchases.

You are responsible for applicable charges, including taxes and shipping fees, as disclosed during checkout.

SECTION 5 - SHIPPING AND DELIVERY

We strive to process and deliver orders within the estimated timeframes displayed on our website.

All shipping and delivery estimates are provided for informational purposes and are not guaranteed, except where required by applicable law.

Delivery delays may occur due to carrier operations, customs processing, weather conditions or circumstances beyond our reasonable control.

Responsibility for loss or damage during shipment will be determined in accordance with applicable law and our shipping policies.

For shipping-related questions, please contact hello@somnelec.com.

SECTION 6 - INTELLECTUAL PROPERTY

All content available through SOMNELEC, including trademarks, logos, product designs, text, photographs, graphics, videos, software, website layouts and other materials, is owned by SOMNELEC, its affiliates or licensors and is protected by applicable intellectual property laws.

You may use our Services for lawful personal, non-commercial purposes only.

You may not reproduce, distribute, modify, publicly display, republish or commercially exploit our content without prior written permission.

Nothing in these Terms grants you ownership or intellectual property rights in SOMNELEC, Shopify or third-party materials.

All rights not expressly granted are reserved.

SECTION 7 - OPTIONAL TOOLS

Our Services may include tools, applications or features provided by third parties.

These tools may be provided “as is” and “as available”, without warranties or endorsements from SOMNELEC, to the extent permitted by applicable law.

Your use of third-party tools is at your own discretion and subject to the terms and conditions of the applicable providers.

We may introduce additional features, software integrations or services in the future, which may also be governed by these Terms.

SECTION 8 - THIRD-PARTY LINKS

Our website may contain links to third-party websites, applications, services or resources.

SOMNELEC does not control or guarantee the accuracy, availability, security or content of third-party websites.

Accessing third-party websites is at your own risk.

We recommend reviewing their terms of service and privacy policies before providing personal information or completing transactions.

Questions regarding third-party products or services should be directed to the relevant provider.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

SOMNELEC is powered by Shopify, which enables us to provide the Services to you.

However, purchases made through our store are transactions directly between you and SOMNELEC.

Shopify is not the seller of our products and is not responsible for the fulfillment of orders or product-related customer service.

To the extent permitted by applicable law, Shopify and its affiliates are not liable for claims arising from transactions between you and SOMNELEC.

SECTION 10 - PRIVACY POLICY

Personal information collected through our website is handled according to our Privacy Policy [LINK].

Our store is hosted by Shopify, which may collect and process certain information to operate and improve the Services.

Information submitted through our website may be processed by Shopify and authorized third-party service providers, including providers located outside your country of residence.

Where SOMNELEC products or applications collect sleep-related information, the collection, use, storage and sharing of such data will be governed by the applicable privacy notices and policies.

Please review our Privacy Policy for additional information about how personal data is handled.

Shopify's privacy information is available at https://www.shopify.com/legal/privacy/app-users.

SECTION 11 - FEEDBACK

If you submit reviews, suggestions, ideas, comments, photographs or other content (“Feedback”), you grant SOMNELEC a non-exclusive, worldwide, royalty-free, sublicensable license to use, reproduce, modify, publish and display such Feedback for legitimate business purposes, subject to applicable law.

You represent that you own or have the necessary rights to submit the Feedback.

You agree not to submit unlawful, misleading, defamatory, abusive or infringing content.

We reserve the right to review, moderate or remove Feedback that violates these Terms or applicable law.

We are not obligated to compensate you for unsolicited Feedback unless otherwise agreed.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Our website may occasionally contain typographical errors, inaccuracies or omissions relating to product descriptions, specifications, pricing, promotions, availability or shipping information.

We reserve the right to correct errors, update information and modify or cancel affected orders where permitted by applicable law.

We are not obligated to update all website information immediately following every change.

SECTION 13 - PROHIBITED USES

You may use our Services only for lawful purposes.

You agree not to:

• Violate applicable laws or regulations.

• Infringe intellectual property or privacy rights.

• Submit false, misleading or fraudulent information.

• Harass, threaten, abuse or discriminate against others.

• Upload malicious software, viruses or harmful code.

• Attempt unauthorized access to our systems.

• Interfere with website functionality or security.

• Collect personal information without authorization.

• Use our Services for spam, phishing or fraudulent activity.

• Reproduce or commercially exploit our Services without permission.

We reserve the right to suspend or terminate access if you violate these Terms, subject to applicable law.

SECTION 14 - TERMINATION

We may suspend or terminate your access to our Services if you violate these Terms or engage in unlawful or harmful activities.

You remain responsible for any outstanding obligations incurred before termination.

Provisions relating to intellectual property, liability limitations, indemnification, governing law and other provisions intended to survive termination will remain effective.

SECTION 15 - DISCLAIMER OF WARRANTIES

Our website, products and Services are provided on an “as is” and “as available” basis, except as expressly stated or required by applicable law.

We make no guarantee that access to our Services will always be uninterrupted, secure or error-free.

Information provided through SOMNELEC sleep monitoring products and related applications is intended to support general sleep awareness and personal wellness.

Sleep measurements and insights may vary depending on usage conditions, device placement, individual characteristics and technical limitations.

Such information should not be treated as a medical diagnosis or a substitute for consultation with a qualified healthcare professional.

Nothing in these Terms excludes warranties or consumer rights that cannot lawfully be excluded.

SECTION 16 - LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, SOMNELEC and its affiliates, employees, agents, contractors, service providers and licensors will not be liable for indirect, incidental, special, punitive or consequential damages arising from your use of our Services or products.

This includes, where legally permissible, lost profits, lost revenue, business interruption, loss of data or similar damages.

These limitations do not apply to liabilities that cannot lawfully be excluded or limited, including any mandatory consumer protection rights.

SECTION 17 - INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify and hold harmless SOMNELEC, Shopify and their respective affiliates, employees, agents and service providers against third-party claims, losses, damages or reasonable legal expenses arising from:

1. Your material breach of these Terms.

2. Your violation of applicable law or third-party rights.

3. Your unauthorized or unlawful use of our Services.

Any indemnification obligation will be subject to applicable legal limitations.

SECTION 18 - SEVERABILITY

If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be limited or severed to the extent necessary.

The remaining provisions will continue in full force and effect.

SECTION 19 - WAIVER; ENTIRE AGREEMENT

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision.

These Terms, together with policies incorporated by reference, constitute the entire agreement between you and SOMNELEC regarding your use of the Services, except where otherwise required by law.

They supersede prior communications or agreements concerning the same subject matter.

SECTION 20 - ASSIGNMENT

You may not assign or transfer your rights or obligations under these Terms without our prior written consent, except where permitted by law.

SOMNELEC may assign or transfer its rights and obligations in connection with a legitimate business transaction, subject to applicable law.

SECTION 21 - GOVERNING LAW

These Terms of Service and any related agreements shall be governed by the laws of [INSERT APPLICABLE STATE/COUNTRY], without regard to conflict-of-law principles, except where mandatory consumer protection laws provide otherwise.

Any disputes shall be subject to the jurisdiction of the competent courts in [INSERT APPLICABLE JURISDICTION], subject to applicable consumer rights and legal requirements.

SECTION 22 - HEADINGS

The headings in these Terms are included for convenience only and do not affect their interpretation.

SECTION 23 - CHANGES TO TERMS OF SERVICE

We may update, modify or replace these Terms from time to time.

The latest version will be available on our website at https://somnelec.com.

Where required by law, we will notify customers of material changes.

Your continued use of the Services after updated Terms become effective constitutes acceptance of those changes to the extent permitted by applicable law.

SECTION 24 - CONTACT INFORMATION

If you have questions about these Terms of Service, your orders, our products or our Services, please contact us.

Brand: SOMNELEC

Website: https://somnelec.com

Email: hello@somnelec.com

Legal Business Name: [INSERT REGISTERED COMPANY NAME]

Business Address: [INSERT BUSINESS ADDRESS]

Business Phone: [INSERT BUSINESS PHONE NUMBER, IF APPLICABLE]

Business Registration Number: [INSERT REGISTRATION NUMBER, IF APPLICABLE]

VAT Number: [INSERT VAT NUMBER, IF APPLICABLE]