Terms of service

OVERVIEW
SECTION 1 – Online Store Terms
SECTION 2 – General Conditions
SECTION 3 – Accuracy, Completeness and Timeliness of Information
SECTION 4 – Modifications to the Service and Prices
SECTION 5 – Products or Services
SECTION 6 – Accuracy of Billing and Account Information
SECTION 7 – Optional Tools
SECTION 8 – Third-Party Links
SECTION 9 – User Comments, Feedback and Other Submissions
SECTION 10 – Personal Information
SECTION 11 – Errors, Inaccuracies and Omissions
SECTION 12 – Prohibited Uses
SECTION 13 – Disclaimer of Warranties; Limitation of Liability
SECTION 14 – Indemnification
SECTION 15 – Severability
SECTION 16 – Termination
SECTION 17 – Entire Agreement
SECTION 18 – Governing Law
SECTION 19 – Changes to the Terms of Service
SECTION 20 – Contact Information

OVERVIEW

This website is operated by N3sleep,
Chamber of Commerce (KVK) number: 78493994,
VAT number: NL003337641B70.
Business address: Torenlaan 5B, 1402 AT Bussum, The Netherlands.

Throughout the site, the terms "we", "us" and "our" refer to N3sleep.
N3sleep offers this website, including all information, tools and services available from this site, to you, the user, conditional upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including any additional terms and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including without limitation visitors, customers, suppliers and contributors of content.

Please read these Terms carefully before using the website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions, you may not use this website or our services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.

By making a purchase through our website, you confirm that you have read and understood all relevant policy documents, including our shipping policy, return policy, warranty policy and privacy statement. You also agree to comply with all applicable laws and regulations.

Any new features or tools added to the current store shall also be subject to these Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update or change any part of these Terms by posting updates on our website. It is your responsibility to check this page periodically for changes. Your continued use of the site following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc., which provides us with the e-commerce platform that allows us to sell our products and services to you.

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms of Service, you confirm that you are at least 18 years of age, or that you have the consent of a parent or legal guardian to use this website.

You may not use our products or services for any illegal or unauthorised purpose. In using our services, you may not violate any laws applicable in your jurisdiction, including but not limited to copyright or trademark laws.

You may not upload, distribute or use viruses, malware, worms, malicious code or any other destructive technology on this website or in connection with our services.

A breach or violation of any of these Terms will result in immediate termination of your access to our services, without prior warning being required.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone, at any time, for any reason, without prior notice.

You understand that your data (excluding credit card information) may be transferred unencrypted across various networks and may be adapted to the technical requirements of connecting networks or devices. Credit card information is always transmitted encrypted over secure networks.

You may not reproduce, duplicate, copy, sell, resell or otherwise exploit any part of the services, use of the services, or access to the services – including contact information from our website – without our express written permission.

Headings or titles in this document are for convenience only and do not affect the interpretation of these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We accept no responsibility if information on this site proves to be inaccurate, incomplete or out of date. The content of this website is provided for general information only and should not be relied upon as the sole basis for making decisions without consulting primary, more accurate, more complete or more current sources of information. Any reliance on the information on this site is entirely at your own risk.

This website may contain certain historical information. Historical information is, by definition, not current and is provided for reference only. We reserve the right to modify the contents of this site at any time, but we are under no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

All prices of products listed on our website are subject to change without prior notice.

N3sleep reserves the right to modify or discontinue the Service, or any part thereof, at any time without prior notice. This includes, among other things, changes to the product range, functionality or availability of products or services.

We shall not be liable to you or any third party for any modification, price change, suspension or discontinuation of the Service.

SECTION 5 – PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through our website. These products or services may have limited availability and are subject to the provisions of our refund policy, as stated elsewhere on the website.

We make every effort to display the colours and images of our products as accurately as possible. However, we cannot guarantee that the colour display on your screen is completely accurate.

N3sleep reserves the right, but is not obliged, to limit the sale of products or services to specific persons, regions or jurisdictions. This right may be exercised on a case-by-case basis.

We also reserve the right to limit the quantities of any products or services we offer, and to change product descriptions or prices at any time without prior notice, at our sole discretion.

We may discontinue any product or service at any time. Any offer made on this website is void where prohibited by law.

We do not warrant that the quality of any products, services, information or other material obtained from us will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

N3sleep reserves the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel the quantities purchased per customer, per household or per order. These restrictions may apply, among other things, to orders placed using the same customer account, the same payment card, and/or the same billing and/or delivery address.

Additional charges such as import duties, import VAT or customs clearance fees (for orders outside the Netherlands or the EU) are not included in the prices displayed and are entirely at the customer's expense.

If we change or cancel an order, we will attempt to notify you via the email address and/or telephone number provided at the time the order was placed. We also reserve the right to refuse orders that, in our judgement, have been placed by dealers, distributors or resellers.

You agree to provide accurate, current and complete information for all purchases made through our store. This also applies to account details such as your email address, delivery address and payment information (such as card number and expiry date), so that we can process your transactions correctly and contact you where necessary.

Please see our Refund Policy for more information about returns, the right of withdrawal and refunds.

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools via our website over which we have no supervision, control or influence.

You acknowledge and agree that we provide such tools on an "as is" and "as available" basis, without any warranties, representations or conditions of any kind and without any endorsement. N3sleep shall not be liable for any consequence or damage arising from your use of optional third-party tools.

Any use of such optional tools is entirely at your own risk and responsibility. You should always ensure that you are familiar with, and agree to, the terms on which these tools are provided by the relevant third-party providers.

We reserve the right to offer new services and/or features via the website in the future (such as additional tools, software or resources). Such additions shall also be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third parties.

Third-party links on this website may direct you to external websites that are not affiliated with N3sleep. We are not responsible for examining or evaluating the content or accuracy of these websites, and we give no warranty and accept no liability or responsibility for any materials, products, services or actions of third parties.

N3sleep is not liable for any harm or loss related to the purchase or use of goods, services, content or any other transactions entered into via third-party websites. We advise you to read the policies and terms of these third parties carefully before entering into any transaction.

Complaints, questions, claims or comments regarding third-party products or services should be directed to the relevant third party.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you provide certain specific submissions (such as entries for competitions), or if, on your own initiative, you share creative ideas, suggestions, proposals, plans or other material with us – whether via our website, email, post or other means (collectively, "comments") – you acknowledge that N3sleep has the right to use, edit, copy, publish, distribute, translate or otherwise exploit these comments in any medium, without any restriction or compensation.

N3sleep is under no obligation to:

Treat any comment as confidential;
Pay any compensation for submitted comments;
Respond to comments.

Although we have no obligation to moderate, we reserve the right to monitor, edit or remove content that, in our sole judgement, is unlawful, offensive, threatening, defamatory, discriminatory, obscene or otherwise objectionable, or that infringes intellectual property rights or these Terms.

You warrant that your comments do not infringe the rights of any third party, including copyright, trademarks, privacy rights or other personal or proprietary rights. You agree that your submissions will not contain unlawful, offensive or obscene material, nor viruses or other malware that could damage our website or systems. You may not use a false email address, impersonate another person, or mislead us or third parties as to the origin of your comments.

You are solely responsible for the content and accuracy of the comments you post. N3sleep accepts no liability for comments posted by users or third parties.

SECTION 10 – PERSONAL INFORMATION

The provision of your personal data through our store or any other channel is governed by the Privacy Policy of N3sleep. This policy sets out how we collect, use, store and protect your personal data in accordance with applicable laws and regulations, including the General Data Protection Regulation (GDPR).

For more information, please see our Privacy Policy, where you will find everything about your rights as a data subject and our obligations as data controller.

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information on our website or within the Service may contain typographical errors, inaccuracies or omissions relating to product descriptions, prices, promotions, offers, shipping costs, delivery times and availability.

N3sleep reserves the right to correct such errors, inaccuracies or omissions at any time without prior notice, and to change information or cancel orders if any information in the Service or on any related page proves to be inaccurate – including after an order has been placed.

We are under no obligation to update, amend or clarify information in the Service or on any related page, except where required by law. Any stated modification or update date should not be taken to indicate that all content on the website or within the Service has been modified or updated.

SECTION 12 – PROHIBITED USES

In addition to the other prohibitions set out in these Terms of Service, you are not permitted to use the website or its content:

a. for unlawful purposes;
b. to solicit others to perform unlawful acts;
c. to violate any national or international laws or regulations, including but not limited to European or Dutch legislation;
d. to infringe our intellectual property rights or those of third parties;
e. to harass, insult, defame, discriminate against, abuse or otherwise harm anyone on the basis of gender, sexual orientation, religion, ethnicity, race, age, nationality or disability;
f. to provide false or misleading information;
g. to upload or distribute viruses, malware or other malicious code that impairs the functionality of our website or related systems;
h. to collect or track the personal data of other users without their consent;
i. to engage in unwanted digital practices such as spam, phishing, fraudulent activity, scraping or other forms of automated data collection;
j. for obscene, immoral or otherwise inappropriate purposes;
k. to undermine or circumvent the security mechanisms of our website or related platforms.

We reserve the right to terminate your access to the website or our services immediately if you engage in any of the prohibited conduct listed above.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
Nor do we warrant that the results obtained from the use of the Service will be accurate or reliable.

You agree that from time to time we may suspend or terminate the Service (or any part thereof) for indefinite periods, without prior notice to you. You expressly acknowledge that your use of, or inability to use, the Service is entirely at your own risk. The Service, and all products and services delivered through the Service, are (unless expressly stated otherwise by us) provided "as is" and "as available", without any express or implied warranties or conditions of any kind, including – but not limited to – implied warranties of merchantability, fitness for a particular purpose, durability, title and non-infringement of third-party rights.

In no event shall N3sleep, nor our directors, employees, partners, agents, contractors, suppliers or licensors, be liable for any direct or indirect damage, incidental or consequential loss, including but not limited to loss of profit, loss of revenue, loss of data, replacement costs or any other damage arising from:

the use of, or inability to use, our Service or products;
reliance on information obtained from the Service;
errors or omissions in the content;
or any other damage related to the use of our website or products – even if we have been advised of the possibility of such damage.

Because some jurisdictions do not allow the limitation of liability for consequential or incidental damages, in those jurisdictions our liability may be limited to the maximum extent permitted by law.

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless N3sleep, as well as our parent companies, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, employees and representatives, from any claim or demand (including reasonable legal fees) made by any third party due to or arising out of:

your breach of these Terms of Service or the policy documents referenced herein;
your violation of any applicable laws or regulations; or
your violation of the rights of a third party, including but not limited to intellectual property rights.

This indemnification survives the termination of your use of our Service or website.

SECTION 15 – SEVERABILITY

If any provision of these Terms of Service is determined by a competent court to be unlawful, void or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law. The unenforceable portion shall be deemed severed from these Terms, and such severance shall not affect the validity and enforceability of the remaining provisions. The remaining provisions shall continue in full force and effect.

SECTION 16 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service remain in effect until terminated by you or by N3sleep. You may terminate these Terms at any time by notifying us in writing that you no longer wish to use our services, or by ceasing to use our website.

If, in our sole judgement, we determine that you fail, or we suspect that you have failed, to comply with any provision of these Terms, we reserve the right to terminate this agreement immediately and without prior notice. In that case, you remain liable for all amounts due up to and including the date of termination, and we may deny you access to our services (or any part thereof).

SECTION 17 – ENTIRE AGREEMENT

The failure of N3sleep to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of that right or provision.

These Terms of Service, together with any other policies or notices published on this website or provided in relation to our services (such as our return policy, shipping policy, privacy policy and warranty terms), constitute the entire agreement between you and N3sleep and supersede all prior and contemporaneous agreements, communications and proposals, whether oral or written, between you and us.

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

SECTION 18 – GOVERNING LAW

These Terms of Service, and any separate agreements whereby N3sleep provides you with products or services, shall be governed exclusively by and construed in accordance with the laws of the Netherlands. Any disputes shall be submitted to the competent court in the Netherlands.

SECTION 19 – CHANGES TO THE TERMS OF SERVICE

You can review the most current version of these Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms at any time by posting updates on our website. It is your responsibility to check our website periodically for changes. Your continued use of our website or our services following the posting of any changes constitutes acceptance of the revised Terms.

SECTION 20 – CONTACT INFORMATION

For questions about these Terms of Service, you can contact us using the details below:

N3sleep
Address: Torenlaan 5B, 1402 AT Bussum, The Netherlands
Email: info@n3sleep.co.uk
Phone: +31 (0) 685997262