Terms of service

Drowsy LLC. Terms and Conditions of Purchase & E-commerce Site terms

Terms and Conditions of Purchase

  1. These terms
    1.1 These terms and conditions relate to any products supplied to you through this website, by telephone, through social media platforms (such as Facebook or Instagram) or other electronic means (the “Site”) by Drowsy LLC Ltd (trading as Drowsy), (“we”, “us” or “Drowsy LLC”) to you, the customer or Site user (“you”). These terms and conditions together with the receipt of order and dispatch emails we send to you will form the agreement between you and us (the “Agreement”).
    1.2 These terms and conditions may be varied by us at any time by posting amended terms and conditions on the Site. The terms and conditions which apply to your purchase will be those terms and conditions applicable at the time of the purchase.
    1.3 These terms and conditions relate to your purchases from us through the Site but do not relate to your use of the Site otherwise. Please see our separate Site Terms of Use (Underneath Terms and Conditions of Purchase). Please also see our Privacy Notice www.drowsysleepco.com/policies/privacy-policy for information about how we collect and use your personal data.
    2. Orders
    2.1 Please see the Site which explains how to place an order. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process.
    2.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted.
    2.3 We will confirm our acceptance of your order to you by sending you a despatch confirmation e-mail that confirms that the products have been dispatched (“Confirmation”). The Contract between us will only be formed when we send you the Confirmation.
    2.4 If we are unable to supply you with a product, for example because that product is not in stock or no longer available, because we cannot meet your requested delivery date or because of an error in the price on our site, we will inform you of this by e-mail and we will not process your order. If you have already paid for the products, we will refund you the full amount including any delivery costs charged as soon as possible.
    2.5 Our Site is available for your personal (non-commercial) use only and we reserve the right to reject or cancel your order at any time and for any reason, for example if we believe you are ordering our products for re-sale purposes.
    3. Payment and Prices
    3.1 At the time you place an order, you must give authority for payment. We may take payment from you at any time between you placing the order and us accepting your order.
    3.2 The prices payable for the items that you order are clearly set out on the Site. If, by mistake, we have under-priced an item, we will not be liable to supply that item to you at the stated price provided that we notify you of this before we accept your order.
    3.3 The price of a product listed does not include delivery charges.
    3.4 All prices are expressed as being inclusive of any VAT payable unless otherwise stated.
    4. Availability, Products and Offers
    4.1 Any order you may place with us is subject to availability of the products ordered. We cannot and do not guarantee that any item shown on the Site will be available continuously or at any given time.
    4.2 If for any reason beyond our reasonable control, we are unable to supply a particular item, we will not be liable to you except to ensure that you are not charged for that item.
    4.3 The packaging of the products may vary from that shown on images on our site.
    4.4 The images of the products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the products. Your products may vary slightly from those images.
    4.5 From time to time, we may offer certain offers on our Site. Any offers will be subject to the following additional terms:
    4.5.1 we reserve the right to limit offers to 1 order per customer;
    4.5.2 all offers are subject to availability and while stocks last;
    4.5.3 offers are non-transferable;
    4.5.4 offers may not be used in conjunction with any other offer;
    4.5.5 we reserve the right to withdraw any offer at any time.
    5. Delivery
    5.1 At the time you place an order we may not be able to provide an exact date of delivery. In those circumstances we will endeavour to provide you with an approximate delivery time when you place the order and we or our delivery partners will contact you again when we are able to specify a date.
    5.2 Our delivery charges will be set out on the Site.
    5.3 Whilst we will use reasonable endeavours to deliver the items by the agreed date, we will not be liable for any failure to deliver on the stated date or at the stated time.
    5.4 Delivery will be made to the address specified by you on the completed order form. Our delivery charges will be specified at the time the order is placed.
    5.5 Where applicable, delivery may be tracked via our delivery partner.
    6. International Delivery
    6.1 We currently deliver our goods to a limited number of the countries outside the UK and USA although this may be subject to change in the future. If however you do order products from our Site for delivery outside of the UK and we (at our sole discretion) accept this order, it may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
    6.2 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
    6.3 You must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable or responsible if you breach any such law.
    7. Your Right to Cancel
    7.1 Please see our Returns and Cancellation Policy (www.drowsysleepco.com/policies/refund-policy) which explains your right to cancel a contract for the purchase of products (for any reason) and how you can exercise that right.
    7.2 Personalised or perishable items or items with a hygiene element may not be returned unless they are defective.
    7.3 Under the Consumer Rights Act 2015 any products supplied must be as described, fit for purpose and of satisfactory quality.
    7.4 If you wish to exercise your legal rights to reject faulty products you must tell us within a reasonable time of discovering the defect (and if the defect is reasonably apparent then you must tell us as soon as possible and in any case within 30 days). You will then need to return the product in person, post it back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection.
    8. Our Liability
    8.1 If you are not dealing as a consumer (within the meaning of the Consumer Rights Act 2015), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
    8.2 If you are a consumer your statutory rights are not affected by any of these terms and conditions.
    8.3 Any claim by you which is based on any defect in the quality of the products supplied or their failure to correspond with specification must be notified to us as soon as possible from the date of delivery and in any case, within 30 days of delivery or where the defect or failure was not apparent on reasonable inspection, within a reasonable time after discovery of the defect or failure. If you do not notify us accordingly, you will not be entitled to reject the products and we shall have no liability for such defect or failure.
    8.4 If the goods purchased are of unsatisfactory quality, unfit for purpose or not as described (‘defective’) and you notify us within 30 days of delivery then you are entitled to cancel your order and receive a refund. After this 30 day period you are entitled to a repair or replacement of defective goods, but if you notify us that the goods are defective more than six months following delivery then we are entitled to require that you demonstrate that the products were defective on delivery.
    8.5 If a product supplied is defective, we will replace or repair the items free of charge or refund to you the price of the item (see above for more information), but we shall have no further liability to you.
    8.6 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaching this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is “foreseeable” if either it is obvious that it might happen or if, at the time the contract was made, both we and you knew it might happen.
    8.7 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, loss of data (other than personal data) or loss of business opportunity.
    8.8 Except as explained above and as set out in clause 8.9 below, our liability under or in connection with these terms and conditions is limited to the price of the items supplied.
    8.9 We do not exclude or limit in any way our liability to you where it would be unlawful 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 breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you; of satisfactory quality; fit for purpose; and for defective products under the Consumer Protection Act 1987.
    9. Miscellaneous
    9.1 This Agreement will be subject to the laws of England and Wales unless you are ordering from a European Union country outside of England and Wales and you are relying on compulsory consumer rights in that country.
    9.2 We will try to solve any disagreements quickly and efficiently however if you are not happy with the way we deal with any disagreement and you wish to proceed to court proceedings, you must do so within England and Wales.
    9.3 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase products.
    9.4 We may transfer our rights and obligations under the Agreement to another organisation, but this will not affect your rights or our obligations under the Agreement.
    9.5 The Agreement is between you and us. No other person shall have any rights to enforce any of its terms
    9.6 Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
    9.7 If we fail to insist that you perform any of your obligations under the Agreement, we do not enforce our rights against you or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.
    9.8 We shall not be responsible for any breach of the Agreement caused by circumstances beyond our reasonable control.
    9.9 If you have any queries or wish to make any complaints about us or our products please contact support@drowsysleepco.com. If we have been unable to resolve your complaint or dispute please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform which is available here:
    https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage

 

Drowsy LLC. E-commerce Website Terms of Use

1.Terms
These terms and conditions (“Terms”) govern your participation in and use of this website [www.drowsysleepco.com] (the “Site”) operated by Drowsy LLC Limited (trading as Drowsy), (“we”, “us” or “Drowsy LLC”). We are registered in The United States Of America under company number 6183721 at 477 Broadway 2nd FL 10013, New York. USA
Please read these Terms carefully as they affect your rights and liabilities under the law. If you do not agree to these Terms, please do not use this Site. In these Terms, references to the “Site” include any website, app, web page or electronic services operated by Drowsy.
These Terms apply to your use of the Site and relationship with Drowsy generally, whether you purchase goods from us or not. If you purchase goods from us then our terms and conditions of purchase will apply. These terms and conditions of purchase can be found here.
Please also see our Privacy Notice www.drowsysleepco.com/policies/privacy-policy for information about how we collect and use your personal data.
We may update these Terms from time to time. Notification of any changes will be made by posting new terms onto the Site. In continuing to use the Site, you confirm that you accept the then current Terms in full at the time you use the Site. If you do not wish to accept the new Terms, you should not continue to use this Site or its associated services.


2. Use of this Site
This Site is provided to you for your personal (non-commercial) use subject to these Terms. By using this Site you agree to be bound by these Terms.
You are responsible for ensuring that all persons who access our Site through your internet connection are aware of these Terms and comply with them.


3. Registering with the Site
You may be required to register with us in order to access certain sections of the Site or purchase goods from us (although we may allow for guest check out). When you register to use the Site or place an order with us, we will ask for some of your personal information such as your name, email address, telephone number and address. Any personal information you provide us with will be handled in accordance with our Privacy Notice. You must not provide us with any personal information that is not your own and you therefore agree that personal information supplied to us relates to you only and will be kept up to date.
If you register to use the Site you will be asked to create a password. In order to prevent fraud, you must keep this password confidential and must not disclose it or share it with anyone. If you know or suspect that someone else knows your password you should notify us immediately at support@drowsysleepco.com
If we have reason to believe that there is likely to be a breach of security or misuse of the Site through your account or the use of your password, we may require you to change your password or we may suspend your account.

We are not obliged to permit anyone to register with the Site and we reserve the right to refuse registration to anyone for any reason. We also reserve the right at our discretion, at any time and for any reason, to remove any content from the Site, terminate your registration and/or restrict your access to our Site.


4. Intellectual Property
The content of this Site is protected by copyright, trademarks, database rights and other intellectual property rights and you acknowledge that in using the Site, you are not granted any such intellectual property rights. You may retrieve and display the content of this Site on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal (non-commercial) use, provided you keep intact any and all copyright and proprietary notices. You may not otherwise reproduce, modify, copy, distribute or commercially exploit any of the materials or content on this Site without our prior written permission.
Some of the services we provide on this Site may contain content that is protected by copyright, trademarks, database rights and other intellectual property rights owned by third parties. Such intellectual property rights are licensed to us and you acknowledge that if you reproduce, modify, copy, distribute or commercially exploit any of this content, you may be infringing these third party intellectual property rights.
Whilst we have used our reasonable endeavours and exercised reasonable skill and care in the services we provide to you through this Site, we do not warrant or guarantee that any content on this Site, including content supplied by a third party, is error-free.


5. Availability of this Site
Although we aim to offer you the best service possible, we make no promise or guarantee that the services at this Site will meet your particular requirements. We cannot guarantee that the services will be fault-free. If a fault occurs with this Site you should report it to us immediately and we will attempt to correct the fault as soon as we reasonably can.
Your access to this Site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the service as soon as we reasonably can. Access to the Site may be restricted whether or not you have registered with us.


6. Our Liability
This Site may provide content from other internet sites or resources and while we use our reasonable endeavours to ensure that material included on this Site is accurate, correct, reputable and of high quality, we do not make any warranties or guarantees in relation to that content. All implied warrantied are also excluded. If we are informed of any inaccuracies in the material on the Site we will attempt to correct the inaccuracies as soon as we reasonably can.
If we are in breach of these Terms, we will only be responsible for losses that you suffer as a result to the extent that they are a foreseeable consequence to both of us at the time you use this Site. Our liability shall not in any event include indirect or consequential losses or any business losses such as data (other than personal data) losses, profit losses or business interruption losses. In addition, we will not be liable to you for any use of the Site other than for your personal (non-commercial) use.
Commentary and other materials posted on this Site are for general information purposes only are not intended to amount to advice on which reliance should be placed. We shall not be liable for any losses that may be incurred as a result of any reliance placed on such materials by you, any visitor to this Site or another person who may have been informed of its contents.
This clause 6 shall not limit or affect our liability resulting from any services or products sold through this Site being found to be unsafe, if something we do negligently causes death or personal injury or with respect to any other liability which cannot be excluded or limited by law.


7. Viruses, hacking and other offences
You must not misuse our Site by knowingly or negligently introducing viruses, trojans, worms, logic bombs or other material which is or may be malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We may report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
We will not be liable for any loss or damage caused by a denial-of-service attack, distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any material posted on it, or on any website linked to it.


8. Third Party Sites
As a convenience to you, this Site may include links to other websites or material. We are not responsible for content on any site outside this Site so if you do follow a link to any of these websites, you acknowledge you do so at your own risk and we will not be liable or otherwise be responsible in any way in relation to this.


9. Advertising and Sponsorship
Part of this Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on this Site complies with relevant laws and codes. We will not be responsible or otherwise be liable to you for any error or inaccuracy in advertising or sponsorship material.


10. International Use
We make no promise that materials on this Site are appropriate or available for use in locations outside of the United Kingdom and accessing this Site from territories where its contents are illegal or unlawful, is prohibited. If you choose to access this site from outside of the United Kingdom, you do so at your own initiative and risk, and are responsible for compliance with applicable laws.
You shall comply with all foreign and local laws and regulations which apply to your use of our Site in whichever country you are physically located, including without limitation, consumer law and export control laws and regulations.


11. General
If you feel that any materials appearing on our Site are offensive, objectionable or potentially infringing or defamatory, please contact us by way of email at support@drowsysleepco.com providing full details of the nature of your complaint and the materials to which the complaint relates.


You may not transfer any of your rights under these Terms to any other person. We may transfer our rights under these Terms to another business where we reasonably believe your rights will not be affected.


If you breach these Terms and we choose to ignore this, we will still be entitled to our rights and remedies at a later date or in any other situation where you breach the Terms.
We shall not be responsible for any breach of these Terms caused by circumstances beyond our reasonable control.


These Terms will be subject to the laws of England and Wales. We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you wish to proceed to court proceedings, you must do so within England or Wales.


This Site is owned and operated by Drowsy LLC. Limited.
If you have any queries please contact us at support@drowsysleepco.com