Terms of service

OVERVIEW

Welcome to 4SLEEP! The terms "we", "us" and "our" refer to 4SLEEP. 4SLEEP operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). 4SLEEP is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.

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

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least 18 years of age (the age of majority in Ireland), or that you have given us your consent to allow any of your minor dependents to use this site.

To use the Services, including accessing or browsing our online store or purchasing any products, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide is correct, current, and complete.

You are solely responsible for maintaining the security of your account credentials and for all activity under your account. You may not transfer, sell, or assign your account to any other person.

SECTION 2 - OUR PRODUCTS

We have made every effort to provide an accurate representation of our products in our online store. However, please note that colors or product appearance may differ slightly from how they appear on your screen due to your device settings, screen configuration, or display type.

All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time. We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region, or jurisdiction on a case-by-case basis.

SECTION 3 - ORDERS AND CONTRACT FORMATION

When you place an order, you are making an offer to purchase. 4SLEEP reserves the right to accept or decline your order for any reason. Your order is only accepted, and a binding contract formed, when we send you a shipping confirmation email.

 

We must receive and process your payment before your order is accepted. Please review your order carefully before submitting. In the event that we cancel or make a change to an order, we will attempt to notify you by contacting the email, billing address, and/or phone number provided at the time the order was made.

 

Your purchases are subject to return or exchange in accordance with our Refund Policy, which fully respects your statutory rights under Irish and EU consumer legislation.

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

SECTION 4 - PRICES AND BILLING

Prices, discounts, and promotions are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless stated otherwise, posted prices are inclusive of VAT (where applicable) but do not include shipping and handling charges.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases. You represent and warrant that (i) the payment information you provide is true, correct, and complete, and (ii) you are duly authorized to use such payment method for the purchase.

SECTION 5 - SHIPPING AND DELIVERY

Delivery times are estimates only and are not guaranteed. However, in accordance with Irish and EU consumer laws, we aim to deliver all products without undue delay and no later than 30 days from the date of order confirmation, unless a different delivery timeframe has been mutually agreed.

Risk of Loss: Under Irish and EU consumer protection laws, the risk of loss or damage to the products passes to you only when you (or a third party indicated by you, other than the carrier) have acquired physical possession of the goods.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, designs, images, graphics, product reviews, video, audio, and the arrangement thereof, are owned by 4SLEEP, its affiliates, or licensors, and are protected by Irish, European, and international copyright, trademark, and intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, or transmit any material from our Services without our prior written consent. 4SLEEP's names, logos, product names, and slogans are trademarks of 4SLEEP.

SECTION 7 - OPTIONAL TOOLS AND THIRD-PARTY LINKS

We may provide you with access to third-party tools or include hyperlinks to websites operated by third parties (such as embedded payment gateways or external applications). We do not monitor or have control over these third-party platforms.

You acknowledge that access to such tools or links is provided "as is" and "as available" without any warranties or endorsements. Use of any optional third-party tools or external links is entirely at your own risk and subject to the terms provided by the relevant third-party providers.

SECTION 8 - RELATIONSHIP WITH SHOPIFY

4SLEEP is powered by Shopify, which provides us with the online e-commerce platform. However, any sales and purchases you make in our store are made directly with 4SLEEP. Shopify is not a party to the contract of sale and is not responsible for any aspect of the transactions, products, or services provided by 4SLEEP.

SECTION 9 - PRIVACY AND DATA PROTECTION

All personal information we collect through the Services is processed in strict accordance with our Privacy Policy, which complies with the General Data Protection Regulation (GDPR) and the Irish Data Protection Acts. Please review our Privacy Policy to understand how your data is collected, shared with Shopify, and protected.

SECTION 10 - USER FEEDBACK AND REVIEWS

If you submit reviews, comments, or suggestions (collectively, "Feedback"), you grant us a worldwide, royalty-free license to use, reproduce, modify, and display such content for marketing or improvement purposes.

You agree that your Feedback will not violate any third-party rights, including copyright or privacy laws, and will not contain defamatory, unlawful, or malicious code. We reserve the right to monitor, edit, or remove content that we deem, in our sole discretion, to be objectionable or in violation of these Terms.

SECTION 11 - ERRORS AND INACCURACIES

Occasionally there may be information on our store that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping charges, or availability. We reserve the right to correct any errors and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order). If an order is cancelled due to a pricing error, you will be refunded in full.

SECTION 12 - PROHIBITED USES

You may use the site for lawful purposes only. You are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform unlawful acts; (c) to infringe upon our intellectual property rights or those of others; (d) to harass, abuse, or defame others; (e) to submit false or misleading information; (f) to upload viruses or malicious code; (g) to scrape, data-mine, or extract data using automated means (including AI bots or automated agents) without explicit permission; or (h) to interfere with the security features of the Service. Violation of these prohibitions may result in immediate termination of your access.

SECTION 13 - STATUTORY RIGHTS AND LIMITATION OF LIABILITY

Your Statutory Rights: Nothing in these Terms of Service affects, limits, or excludes your statutory rights as a consumer under Irish law, including the Consumer Rights Act 2022. Under Irish law, goods must be of merchantable quality, fit for purpose, and match their description.

Limitation of Liability: To the maximum extent permitted by applicable Irish law, 4SLEEP, our directors, employees, or partners shall not be liable for any indirect, incidental, or consequential damages, or loss of profits arising out of your use of the Services or products purchased, except where such liability cannot be lawfully limited or excluded (such as in cases of fraud, gross negligence, personal injury, or death caused by our negligence).

SECTION 14 - SEVERABILITY AND WAIVER

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right. If any provision of these Terms is determined by an Irish court to be unlawful, void, or unenforceable, such provision shall be enforced to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from these Terms, without affecting the validity of the remaining provisions.

SECTION 15 - GOVERNING LAW AND JURISDICTION

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Ireland. Any disputes arising out of or in connection with these Terms, or the purchase of products from our store, shall be subject to the jurisdiction of the courts of Ireland.

SECTION 16 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at lumyvol@gmail.com.

Our official business details are posted below:

  • Trading Name: 4SLEEP

  • Email: contact4sleep@gmail.com

  • Business Address: 31, Kingsbry, Maynooth, Co.Kildare, Ireland, W23X2Y9

  • Business Phone Number: +353876630670

  • Business Registration Number (CRO): 785518