TERMS & CONDITIONS

The following information states Sleep On Green®’s terms and conditions applying to the obligations and prerogatives of users visiting either the company’s website or e-shop, as well as to the obligations and prerogatives of the company. The aim is to provide information and assistance regarding the processes of searching for and purchasing the company’s products, either from a physical shop or from our e-shop.

Use of this website is subject to the terms cited here. If you continue to browse and/or use this website, you are agreeing to comply with and be bound by the Terms of Use.

Current Terms of Use are subject to modification or update, at any time and without prior notice. You are kindly requested to regularly check for updates and changes, since use of the website signifies compliance with all terms and conditions, as currently applicable.

All contents of this website, including, without limitation, texts, graphics, drawings, photographs, illustrations, designs and generally records of any nature are the property of Sleep On Green® the contents may not be reproduced, republished, sold, copied, distributed, transmitted, broadcasted or modified in any manner whatsoever, in part or in full, without the prior express written consent of the company.

Texts published on this website, may contain inaccuracies or errors. Periodically, additions, revisions or modifications may occur regarding the information published in this website.

Sleep On Green® reserves the right to, at its discretion, modify the products described in this website.

Billing and Electronic Signature

You agree to timely pay the purchase price and related Shipping and Handling costs (if any) when such sums are due and owing as consideration for Company’s sale and delivery of the Products to you. The Website provides various pay options for your convenience, including credit card, debit card, Affirm financing options. As part of your submitting any order through the Website, you will be required to type your name. This constitutes your electronic signature, and it is your verification that your name, address, and billing information is correct and that you have read, understood, and agree to be bound by this Agreement.

YOU AGREE THAT THE COMPANY MAY RELY UPON YOUR TYPE-WRITTEN ELECTRONIC SIGNATURE AS CONFIRMING YOUR AGREEMENT TO PURCHASE THE PRODUCTS ORDERED AND TO BE BOUND BY THIS AGREEMENT. You also acknowledge and agree that the Company’s reliance upon your electronic signature is specifically sanctioned by the Uniform Electronic Transactions Act and the Electronic Signatures in Global and National Transactions Act. Both laws specifically preempt all state laws that recognize only paper and handwritten signatures, which shall hereby be deemed waived by you.

All Products that you purchase from the Company are subject to the terms of this Agreement and the risks of loss and title for such Products pass to you upon the Company’s delivery of the Products to the carrier for your benefit. This means that title to the Products legally transfers to you, and that you bear the risk of loss of the Products during shipment. Nothing herein requires you to pay shipping costs that are not clearly communicated to you at the time of purchase.

Payment and Shipping

The prices for the Products are displayed on the Website, and Sleep On Green® will take reasonable efforts to make sure those prices are accurate. However, the prices displayed to you are subject to change at any time. Also, the displayed prices do not include taxes. Any change in prices and any sales tax will be communicated to you before you complete your order pursuant to the Click-Wrap process. All transactions will be in U.S. dollars. The Products you order will be shipped to the address you state during the check-out process. There will be no undisclosed additional charge for shipping or handling.

You agree to provide current, complete and accurate information for all purchases made using this Website. If incorrect, you agree to promptly update your information, including without limitation your email address, billing address, telephone number, and credit card number and expiration date, so that we can complete your transactions and contact you as needed.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, cancel orders that, in our judgment, appear to be placed by dealers, resellers or distributors for resale rather than for personal use, or for use in any of the prohibited ways listed herein. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer, billing or shipping addresses, or credit card. In the event that we make a change to or cancel an order, we may attempt to notify you using the e-mail address and/or billing address/phone number provided at the time the order was made.

Disclaimer

ALTHOUGH SLEEP ON GREEN® TAKES REASONABLE EFFORTS TO VERIFY THE CONTENT OF THIS WEBSITE, WE DO NOT REPRESENT OR GUARANTEE THAT THE CONTENT IS ACCURATE, COMPLETE, USEFUL, TIMELY OR RELIABLE OR THAT THIS WEBSITE WILL OPERATE WITHOUT ERROR OR DISRUPTION. THIS WEBSITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE CONTENT OF THIS WEBSITE AND PRODUCTS OFFERED AT THIS WEBSITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS, AT ANY TIME WITHOUT NOTICE. THE CONTENT OF THIS WEBSITE OR PRODUCTS AVAILABLE AT THIS WEBSITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT OR PRODUCTS.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK, AND THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS ONLY, AND SLEEP ON GREEN  EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO SERVICES PROVIDED ON THIS WEBSITE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) WITHOUT LIMITING THE FOREGOING, AND SUBJECT TO THE SLEEP ON GREEN WARRANTY, SLEEP ON GREEN  MAKES NO WARRANTY THAT (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (ii) THE WEBSITE OR OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR VIRUS OR MALWARE FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE EFFECTIVE, ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY CONTENT OBTAINED FROM THE WEBSITE WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS, OR (v) ANY ERRORS IN THE WEBSITE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED FROM THIS SITE IS ACCESSED AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE THAT RESULTS FROM THE USE OF ANY SUCH MATERIAL.

WE ARE NOT RESPONSIBLE FOR YOUR DEALINGS WITH ANY THIRD PARTY RELATED TO YOUR USE OF THIS WEBSITE. YOU AGREE TO RESOLVE ANY DISPUTES WITH THIRD PARTIES DIRECTLY WITH SUCH PARTIES, AND YOU AGREE NOT TO INVOLVE SLEEP ON GREEN IN ANY DISPUTE WITH THIRD PARTIES. YOU RELEASE SLEEP ON GREEN  FROM ALL CLAIMS, DEMANDS AND DAMAGES RELATED TO DISPUTES BETWEEN YOU AND THIRD PARTIES.

WE MAKE NO PROMISES AND DISCLAIM ALL LIABILITY FOR USE OF THIS WEBSITE OUTSIDE THE UNITED STATES AND CANADA.

Limitation of Liability

YOUR EXCLUSIVE REMEDY AND OUR ENTIRE LIABILITY, IF ANY, FOR ANY CLAIMS ARISING OUT OF THIS AGREEMENT, YOUR USE OF THIS WEBSITE, AND YOUR PURCHASE AND USE OF ANY PRODUCT SHALL BE LIMITED TO THE AMOUNT YOU PAID US FOR PRODUCTS PURCHASED THROUGH THIS WEBSITE.

IN NO EVENT SHALL SLEEP ON GREEN® OR ANY LICENSOR OF SLEEP ON GREEN®, OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SUPPLIERS, OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM BODILY HARM, PERSONAL INJURY, LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE OR INABILITY TO USE THIS WEBSITE, AND/OR THE PURCHASE AND/OR USE OF ANY PRODUCT. FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY PROMISES.

IF YOU ARE DISSATISFIED WITH THIS WEBSITE, ANY CONTENT ON THIS WEBSITE, OR THESE TERMS, YOUR SOLE REMEDY AND EXPRESS OBLIGATION IS TO STOP USING THE WEBSITE. DO NOT MAKE ANY PURCHASES FROM THE WEBSITE. IN THE EVENT YOU FAIL TO STOP USING THE WEBSITE AND CLAIM SOME INJURY AS THE RESULT, YOU AGREE TO INDEMNIFY AND HOLD SLEEP ON GREEN®HARMLESS FROM ANY AND ALL LOSSES OR DAMAGE, INCLUDING ATTORNEY’S FEES INCURRED BY SLEEP ON GREEN®IN DEFENSE OF ANY ACTION INITIATED BY YOU OR A THIRD PARTY.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. BY USING THIS WEBSITE OR TRANSACTING ANY BUSINESS WITH SLEEP ON GREEN®, YOU EXPRESSLY AGREE TO THE JURISDICTION OF ARBITRATION PANELS AND COURTS OF THE STATE OF FLORIDA AND THAT FLORIDA LAW GOVERNS YOUR RELATIONSHIP WITH SLEEP ON GREEN®.

Indemnification

You agree to defend, indemnify, and hold Sleep On Green® (and its directors, officers, employees, affiliates, agents, contractors, suppliers, service providers or licensors) harmless from all liabilities, claims, and expenses, including attorneys’ fees that may arise from your use or misuse of this Website, your breach of this Agreement or your violation of any law or the rights of a third-party. We will provide notice to you promptly of any such claim, suit, or proceeding. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

International Use

Although this Site may be accessible worldwide, we make no representation that Products available on this Website are appropriate or available for use in locations outside the United States. Those who choose to access this Website from outside the United States do so on their own initiative and at their own risk. If you choose to access this Website and to purchase Products, you are responsible for compliance with local laws in your jurisdiction, including but not limited to protection of personal identification information and the taxation of products purchased over the Internet. Any offer for Product made in connection with this Website is void where prohibited. Sleep On Green® reserves the right to refuse or rescind the purchase of Products from locations outside the United States. Where a purchase outside the United States is allowed to occur, Sleep On Green® reserves the right to modify or void any or all refund and warranty policies.

Governing Law

This Site is controlled by Sleep On Green® from our offices in Miami, Florida USA, and the statutes and laws of Florida and the United States shall be controlling, without regard to the conflicts of laws principles thereof. You agree and hereby submit to the exclusive personal jurisdiction and venue of the Arbitration panels and Courts located in Florida with respect to any claim arising in any way out of your use of the Website, your purchase of any Products, your use of any Products, and/or your transaction of any business in any way with Sleep On Green®.

Notwithstanding anything to the contrary, sales made outside the State of Florida or the United States are agreed by you to be made at your initiative and request and are not intended by  Sleep On Green® to be a voluntary submission to the personal jurisdiction of the courts in those locations.

Dispute Resolution Policy

For purposes of the Dispute Resolution Policy, a “Dispute” is defined as any controversy, claim, dispute, or difference arising between you and Sleep On Green®  out of or relating to this Agreement, the Products (including your use thereof), your transacting business with Sleep On Green®  in any way, or your use of the Website in any way.

Any Dispute shall be resolved solely and exclusively by arbitration to be held in Miami, Florida. You expressly acknowledge that arbitration does not permit class action proceedings, and by entering into this Agreement, you expressly waive any right to participate in a class action proceeding, either as a representative, participant, or member, and you expressly agree to proceed in a non-class arbitration. Except as may be required to enforce an arbitration decision, you and Sleep On Green® expressly waive any right to file any legal action in any other state or federal court or before any other tribunal, and any right to a trial by jury. Each party to such arbitration shall be responsible for its own attorneys’ fees and costs regardless of the outcome of the arbitration.

Notices

All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to Sleep On Green Ecommerce Compliance 7636 NE 4^TH Court, Suite 103 – Miami, FL. 33138. Telephone 305.395.3500 Email: info@sleepongreen.com

You agree to allow us to submit notices to you either through the email address provided, or to an address we have on record. Any notices or communication under this Agreement will be deemed delivered to the party receiving such communication (1) on the delivery date if delivered personally to the party; (2) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, if sent by U.S. mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile; or (5) on the delivery date if transmitted by confirmed email.

Force Majeure

In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of Products available through our Website arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to: labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

Savings Clause and Severability

If any part of this Agreement is held unlawful, void, invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the Agreement, and the remaining portions shall remain in full force and effect.

No Waiver

Any failure by us to enforce or exercise any provision of this Agreement or related rights shall not constitute a waiver of that right or provision. Our rights and remedies under this Agreement is cumulative, and the exercise of a right or recovery of a remedy shall not limit or prevent our exercise of another right or recover another remedy allowed under these Terms.

Also incorporated into this Agreement by reference as if fully set forth herein are the following:

• SLEEP ON GREEN PRIVACY POLICY
• SLEEP ON GREEN RETURN/EXHANGE AND REFUND POLICY
• ACCEPTANCE OF AGREEMENT.

You acknowledge that you have read, understand and agree to be bound by the terms of this Agreement which includes these Terms and Conditions, the Sleep On Green® Privacy Policy, the Sleep On Green Return/Exchange and Refund Policy.This Agreement constitutes the entire and only agreement between you and Sleep On Green® with respect to your access or use of the Website, your purchase of Products, and your transaction of business with Sleep On Green® in any way, and supersedes all prior or contemporaneous agreements, representations, warranties or understandings.

The content contained in this Agreement, and the analyses, opinions, research, and any other information provided by or through the Website, through Customer Support, or through any other agent of the Company may be updated or amended from time to time, in whole or in part, without specific notice to you. The latest terms of this Agreement will be posted on the Website. Your continued access or use of the Website, or receipt of new Products shall constitute your acceptance of all of the Terms and Conditions posted at the time of those specific transactions. You agree to regularly check the Website for such updates or amendments.SLEEP ON GREESLEEP ON GREEN