OTHER LEGAL INFORMATION
TERMS AND CONDITIONS
You Are What You Sleep® is the wholly owned trade mark and business name of You Are What You Sleep LLC. Hereafter referred to as YAWYS. The following terms and conditions of sale (‘Conditions’) apply to the supply of goods or services (‘Products’) by YAWYS to you, including all transactions for the purchase of Products through this web site. These Conditions should be read in conjunction with YAWYS’s Web Site Terms and Conditions of Use. In these terms and conditions, the expressions ‘we’, ‘us’ and ‘our’ are a reference to You Are What You Sleep LLC.
Your completion of the order form on this web site will constitute an offer by you to purchase the Products (‘Order’). All Orders are subject to our acceptance. Any Order under these Conditions must be placed via the forms provided on this web site and must specify information requested including, without limitation:
- quantity and description of the Products;
- full street address to which the Products are to be delivered;
You must complete all information requested on the Order form before we process the Order.
We will send you an email acknowledging the Products ordered as soon as possible after you have placed an Order. Our acknowledgement of your order by email will not constitute an acceptance of the Order.
An Order for Products will only be binding on us when we accept the Order by a separate email once your payment has cleared. If we do not accept your Order for any reason, we will inform you by email or in writing.
All prices provided on this web site are exclusive of Local and State Taxes, unless explicitly stated otherwise. The tax payable by you will be clearly shown at time of check out, and on the invoice provided at the time of delivery of the Products.
The purchase price for the Products will be at our selling price on the date of our receipt of the Order, less any applicable discounts in effect at that time. Any Order made inside mainland USA will include free shipping. Any order made outside mainland USA will incur shipping fees to be determined in consultation between the purchaser and YAWYS. Click here for shipping details.
We will not be responsible for errors in pricing that appear on this web site. We will notify you in the event of a pricing error on the web site before an Order is delivered, and you will have the opportunity to cancel your Order in accordance with these Conditions.
Payments for Products purchased from YAWYS via this website can be made by credit card or PayPal.
YAWYS undertakes to safeguard your financial and personal information and automatically encrypt all sensitive information sent between your computer and our servers. Your personal information is protected by SSL with the highest level of encryption commercially available to ensure that your transaction is safe and secure.
YAWYS will deliver the Products to you only once the payment has cleared into the specified YAWYS bank account.
YAWYS reserves the right to decline any payment that is believed to be fraudulent and exercise its lawful remedies if a dispute arises over payment through your credit card provider. If your credit card provider rejects a payment when due, YAWYS at its discretion may delay or cancel delivery of any Order you have placed.
YAWYS has the right to offset and deduct from any refund due to you all sums owed by you to YAWYS. If your account is placed in collection, YAWYS will be entitled to claim all reasonable expenses for collection, including legal fees incurred.
DELIVERY AND CANCELLATION
We will deliver a Product between 2-7 business days after acceptance of an Order, in accordance with the terms of delivery and Delivery Schedule set out on the ‘Delivery’ page of this web site.
If you wish to change or cancel your Order, you must immediately contact us by email at firstname.lastname@example.org and we will endeavour to accommodate your request, if the Products have not been dispatched. If you change or cancel your Order after 48 hours in which you have placed it, we reserve the right to charge you any costs we have incurred in relation to your Order, including, but not limited to, transportation and administration costs, and such costs will not exceed more than 50% of the total price of the ordered Products.
If a Product is “out of stock” when we process your Order, we will contact you to discuss revised delivery times or refund options.
IN GENERAL: Deliveries that have incurred any damage in transit or are imperfect must be notified to us in writing within 48hrs of receipt of the goods.
You may return Products to us for exchange or refund within 7 days of receipt of the Products, provided that the Products are in perfect condition, unmarked, unused, unwashed and in their original packaging. Unless faulty, Products must be returned, at your own cost, with a dispatch note stating our original invoice number. Please email us for the delivery address via
Once we have received the returned Products, we will notify you via email of your exchange or refund. Delivery costs will only be refunded if the return is as a result of our error. If you believe any Products are faulty, please contact us immediately by email.
TITLE AND RISK
You agree that until payment of all moneys owing to us, the Products remain the property of YAWYS. The risk of any loss or damage to the Products passes to you from the time we dispatch the Products to your specified address or other agreed address.
LIABILITY AND INDEMNITY
Except as required by law, all warranties beyond those expressly given in these Conditions, whether express or implied and whether statutory or otherwise, with regard to the Products as to quality, fitness for purpose or any other matter are excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following:
if the breach relates to goods:
- the replacement of the goods or the supply of equivalent goods, or
- the repair of such goods, or
- the payment of the cost of replacing the goods or of acquiring equivalent goods, or
- the payment of the cost of having the goods repaired; and
if the breach relates to services:
- the supplying of the services again, or
- the payment of the cost of having the services supplied again.
AMENDMENTS TO CONDITIONS
We may revise these Conditions from time to time by updating this web page. You are bound by such revisions and should therefore regularly revisit this page to review the current Conditions by which you are bound. Your continued use of the web site after a revision of these Conditions evidences your acceptance of that revision.
These Conditions are governed by the laws in force in the State of New York, USA. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.
WEB SITE TERMS AND CONDITIONS OF USE
This web site is owned and operated by You Are What You Sleep LLC . In these terms and conditions, the expressions ‘we’, ‘us’ and ‘our’ are a reference to You Are What You Sleep LLC, and includes its related entities.
These terms and conditions apply to the use of this web site. In using this web site, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the web site. These terms and conditions must be read in conjunction with any other applicable terms and conditions governing the use of this web site.
INFORMATION AVAILABLE ON WEB SITE
All information provided by us at the web site is provided in good faith. We derive the information on our web site from sources which we believe to be accurate and up to date as at the date of publication. We nevertheless reserve the right to update this information at any time. You accept that any information provided by us is general information and is not in the nature of advice. In addition, we do not make any representations or warranties that the information we provide on this web site is reliable, accurate or complete or that your access to that information will be uninterrupted, timely or secure.
We are not liable for any loss resulting from any action taken or reliance made by you on any information or material posted by us on this web site. You should make your own inquiries and seek independent advice from relevant professionals before acting or relying on any information or material contained on our web site.
You agree to use our web site for lawful purposes only.
Images, drawings, sizes and materials relating to products and accessories displayed on this web site are for illustrative purposes only. Actual colour specifications for a particular product may vary depending on your personal computer settings.
DISCLAIMER OF LIABILITY
YAWYS does not accept any responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this web site or any linked web site, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this web site.
Any exclusion or limitation of liability set out in these terms and conditions or on the web site does not attempt or purport to exclude liability arising under statute if, and to the extent, that such liability cannot be lawfully excluded.
You must ensure that your access to this web site is not illegal or prohibited by laws which apply to you.
You must take your own precautions to ensure that the process which you employ for accessing this web site does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. We do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this web site or any linked web site.
We do not warrant the accuracy, adequacy or completeness of any information contained on this web site, nor do we undertake to keep this web site updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on this web site.
Where the information made available on this web site contains opinions or judgments of third parties:
- you acknowledge that any opinions or advice by third parties on this web site remain the responsibility of those third parties and we do not guarantee the accuracy, completeness or usefulness of that content or its fitness for any particular purpose;
- we do not purport to endorse the contents of that opinion or advice nor the accuracy or reliability of that opinion or advice; and
- we do not accept liability for loss or damage caused by your reliance upon any information obtained through this service and it remains your responsibility to evaluate the accuracy, completeness and usefulness of any such information.
Responsibility for the content of any advertisements appearing on this web site (including hyperlinks to advertisers’ own web sites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers’ products and each advertiser is solely responsible for any representations made in connection with its advertisement.
INTELLECTUAL PROPERTY RIGHTS
You accept that the intellectual property rights subsisting in all materials on this web site are owned or licensed by YAWYS and that you gain no interest in relation to them. Such rights include rights relating to this web site’s look and feel, idea and concept, and confidential information, whether or not they are reduced to material or tangible form. You must not do anything, or omit to do anything, which may infringe our intellectual property rights except where expressly authorised by these terms and conditions.
Copyright in this web site (including text, drawings, graphics, logos, icons, sound recordings, videos and software) is owned or licensed by us. Information procured from a third party may be the subject of copyright owned by that third party.
Other than for the purposes of, and subject to the conditions prescribed under the Copyright Act 1968 and except as expressly authorised by these terms and conditions, you may not in any form or by any means:
- adapt, reproduce, communicate, store, distribute, print, display, perform, publish or create derivative works from any part of this web site, or
- commercialise any information, products or services obtained from any part of this web site, without our written permission or, in the case of third party material, from the owner of the copyright in that material.
Except where otherwise specified, any word or device to which is attached the ™ or ® symbol is a trade mark.
If you use any of our trade marks in reference to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks:
- in or as the whole or part of your own trade marks, or
- in connection with activities, products or services which are not ours, or
- in a manner which may be confusing, misleading or deceptive, or
- in a manner that disparages us or our products or services (including this web site).
Unless we agree otherwise in writing, you are provided with access to this web site only for your personal use.
You are authorised to print a copy of any information contained on this web site for your personal use, unless such printing is expressly prohibited.
You may not without our written permission on-sell information obtained from this web site.
LINKED WEB SITES
This web site may contain links to other web sites. Those links are provided for convenience only and may not remain current or be maintained.
We are not responsible for the content or privacy practices associated with linked web sites.
Our links with linked web sites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked web sites, or of any information, graphics, materials, products or services referred to or contained on those linked web sites, unless and to the extent stipulated to the contrary.
You must not link to any part of this web site other than the home page without our written consent.
When you visit this web site, our Internet service provider makes a record of your visit, and collects certain information for statistical purposes, such as your server address and domain name.
SECURITY OF INFORMATION
Unfortunately, no data transmission over the Internet can be guaranteed to be totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
TERMINATION OF ACCESS
Access to this web site may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.
These terms and conditions are governed by the laws in force in the state of New York, USA. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.
We accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstances beyond our reasonable control.
If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.