Terms of service

Breathyn Sleep — Terms of Service

Overview
Welcome to Breathyn Sleep! The terms "we", "us" and "our" refer to Breathyn Sleep. Breathyn Sleep 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"). Breathyn Sleep is powered by Shopify Inc., which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these "Terms of Service") describe your rights and responsibilities when you use the Services. Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services. These Terms of Service do not limit any rights you may have under applicable consumer protection laws or any other non-waivable statutory rights.

1. Access and Account
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your country of residence. To use the Services, including accessing or browsing our 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 and that you have all rights necessary to provide it. You are solely responsible for maintaining the security of your account credentials and for all account activity. You may not transfer, sell, assign, or license your account to any other person.

2. Our Products
We have made every effort to provide an accurate representation of our products in our store. However, colours or product appearance may differ from how they appear on your screen due to your device type and settings. We do not warrant that the quality of any products purchased will meet your expectations or be identical to how they appear online. All product descriptions are subject to change at any time at our sole discretion. We reserve the right to discontinue any product at any time and may limit quantities available to any person, region or jurisdiction.

3. Orders
When you place an order, you are making an offer to purchase and authorise us and our payment processors to charge your selected payment method for the total order amount. Breathyn Sleep reserves the right to accept or decline your order for any reason at its discretion, subject to applicable law. Your order is not accepted until Breathyn Sleep confirms acceptance. Please review your order carefully before submitting, as we may be unable to accommodate cancellation requests after an order is accepted. Your purchases are subject to our return and refund policy. This does not limit any rights you may have under applicable law.

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 otherwise stated, posted prices do not include taxes, shipping, or handling charges. You agree to provide current, complete and accurate payment information for all purchases. You represent and warrant that you are authorised to use the payment method provided, that the information given is accurate, and that you will pay all charges incurred including applicable taxes and shipping.

5. Shipping and Delivery
All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. To the fullest extent permitted by applicable law, risk of loss passes to you when we transfer your order to the carrier. See our Shipping Policy for full details.

6. Intellectual Property
Our Services, including all trademarks, text, images, graphics, video, and audio, are owned by Breathyn Sleep or its licensors and are protected by applicable intellectual property laws. The purchase of any product does not grant you any intellectual property rights in that product, its design, or underlying technology. You may use the Services for personal, non-commercial purposes only. You must not reproduce, distribute, modify, or transmit any material from the Services without our prior written consent. All rights not expressly granted are reserved by Breathyn Sleep.

7. Optional Tools
You may be provided with access to tools offered by third parties as part of the Services. We provide access to such tools "as is" without any warranties or endorsement. We shall have no liability arising from your use of optional third-party tools. Any use of such tools is entirely at your own risk.

8. Third-Party Links
The Services may contain links to third-party websites. We are not responsible for the content or accuracy of any third-party sites you access. If you leave our Services to visit a third-party site, you do so at your own risk. Complaints regarding third-party products or services should be directed to that third party.

9. Relationship with Shopify
Breathyn Sleep is powered by Shopify, which enables us to provide the Services to you. Any sales and purchases you make are made directly with Breathyn Sleep. Shopify is not responsible for any aspect of transactions between you and Breathyn Sleep, including any injury, damage, or loss resulting from purchased products.

10. Privacy Policy
Our Privacy Policy explains how we collect, use, and disclose personal information from your use of the Services. By using the Services, you acknowledge that you have read our Privacy Policy. Because the Services are hosted by Shopify, Shopify may also collect and process information about your use of the Services in accordance with Shopify's own privacy policy.

11. Feedback
If you submit any ideas, suggestions, reviews, or other content ("Feedback"), you grant us a perpetual, worldwide, royalty-free licence to use, reproduce, modify, publish, and distribute such Feedback for any purpose, including commercial use. You represent that you own or have all necessary rights to any Feedback you submit and that it will not violate any third-party rights.

12. Errors, Inaccuracies and Omissions
There may occasionally be information on the Services that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct errors and update information at any time, including after an order is submitted. If we cancel an order after payment has been collected, we will issue any refund required by applicable law.

13. Prohibited Uses
You may use the Services for lawful purposes only. You may not use the Services to: violate any applicable law or regulation; infringe our intellectual property rights or those of any third party; transmit false or misleading information; send spam or unsolicited communications; impersonate any person or entity; or engage in any conduct that may harm Breathyn Sleep or other users.

You also agree not to: upload malicious code or viruses; reproduce or resell any portion of the Services; collect personal information of others; use automated tools, bots, or AI agents to access or scrape the Services without our consent; or interfere with the security or operation of the Services.

14. Agents
This section applies if you use or enable any automated software or service ("Agent") to access or interact with the Services. No Agent may access the Services without identifying itself in all requests and operating in accordance with our requirements. Agents must not mimic human behaviour, circumvent CAPTCHAs, or conceal that interactions are automated. We reserve the right to block or limit Agent access at any time.

15. Termination
We may terminate this agreement or your access to the Services at any time without notice at our sole discretion. You will remain liable for all amounts due up to the date of termination. Sections covering Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, and Governing Law will survive termination.

16. Disclaimer of Warranties
THE SERVICES AND ALL PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. NOTHING IN THESE TERMS EXCLUDES OR LIMITS ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING THE CONSUMER RIGHTS ACT 2015.

17. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, BREATHYN SLEEP, ITS PARTNERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, LOST DATA, OR REPLACEMENT COSTS, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS PURCHASED THROUGH THE SERVICES. NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING YOUR STATUTORY RIGHTS AS A CONSUMER IN THE UNITED KINGDOM.

18. Indemnification
You agree to indemnify and hold harmless Breathyn Sleep, Shopify, and our affiliates, officers, directors, employees, agents, and service providers from any losses, damages, or claims, including reasonable legal fees, arising out of your breach of these Terms of Service, your violation of any law, or your use of the Services.

19. Severability
If any provision of these Terms of Service is found to be unlawful or unenforceable, that provision will be enforced to the fullest extent permitted by law and the remaining provisions will continue in full force. Nothing in these Terms limits any rights you may have under applicable consumer protection laws.

20. Waiver; Entire Agreement
Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right. These Terms of Service, together with our Privacy Policy and other posted policies, constitute the entire agreement between you and Breathyn Sleep regarding your use of the Services.

21. Assignment
You may not transfer or assign these Terms or any rights under them without our prior written consent. We may transfer or assign these Terms without notice to you.

22. Governing Law
These Terms are governed by the laws of England and Wales. You and Breathyn Sleep agree to submit to the jurisdiction of the courts of England and Wales, except where applicable law requires otherwise. Nothing in this section limits any rights you may have to bring claims in your local courts or rely on mandatory consumer laws that apply in your place of residence.

23. Electronic Communications
By using the Services or placing an order, you agree that we may send you transactional and service-related communications electronically, including by email. You are responsible for keeping your contact information current.

24. Changes to Terms of Service
We reserve the right to update or change these Terms of Service at any time. We will notify you of any material changes in accordance with applicable law. Your continued use of the Services following any changes constitutes acceptance of the updated Terms.

25. Contact Information
Questions about these Terms of Service should be sent to us at contact@breathynsleep.com.