Terms of service
OVERVIEW
Welcome to SleepSheep!
Throughout this website, the terms “we”, “us” and “our” refer to SleepSheep. SleepSheep operates this website and online store, including all information, content, features, tools, products and services available to you (the “Services”).
SleepSheep is powered by Shopify, which enables us to provide the Services to you.
By visiting our site and/or purchasing something from us, you engage in our “Services” and agree to be bound by these Terms of Service (“Terms”), including any additional terms, conditions and policies referenced herein or available by hyperlink.
Please read these Terms carefully. They include important information about your rights, including disclaimers of warranties and limitations of liability.
By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy [LINK]. If you do not agree, you may not access or use the Services.
SECTION 1 - ACCESS AND ACCOUNT
By using our Services, you confirm that you are at least the age of majority in your country or state of residence, or that you have given consent for any minor dependents to use this site under your supervision.
You agree to provide accurate, current and complete information when making a purchase or creating an account. You are responsible for maintaining the confidentiality of your account information and for all activities under your account.
We reserve the right to refuse service, terminate accounts, or cancel orders at our sole discretion.
SECTION 2 - OUR PRODUCTS
We make every effort to display our products as accurately as possible. However, we cannot guarantee that your device’s display of any colour or detail will be accurate.
We do not warrant that product descriptions or other content are error-free, complete or current. We reserve the right to modify or discontinue products at any time without notice.
SECTION 3 - ORDERS
All orders placed through our store are offers to purchase our products.
We reserve the right to accept or decline any order for any reason, including availability, errors in pricing or suspected fraud.
An order is only confirmed once payment has been successfully processed and an order confirmation has been sent.
We reserve the right to cancel or limit quantities at our discretion.
Orders are subject to our Refund & Returns Policy [LINK].
SECTION 4 - PRICES AND BILLING
Prices are subject to change without notice.
All prices are listed in AUD (Australian Dollars) unless otherwise stated.
Prices do not include shipping fees, taxes, customs duties or import charges unless explicitly stated.
You agree to provide accurate payment and billing information and authorise us to charge your selected payment method.
We reserve the right to refuse or cancel orders if payment cannot be processed or is suspected to be fraudulent.
SECTION 5 - SHIPPING AND DELIVERY
Delivery times are estimates only and are not guaranteed.
We are not responsible for delays caused by carriers, customs, or events outside our control.
Once an order has been dispatched, risk of loss and ownership transfers to the customer.
SECTION 6 - AUSTRALIAN CONSUMER LAW
Nothing in these Terms excludes, restricts or modifies any rights or remedies you may have under the Australian Consumer Law (ACL).
Our goods come with guarantees that cannot be excluded under the ACL. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage.
You are also entitled to have goods repaired or replaced if they fail to meet acceptable quality standards and the failure does not amount to a major failure.
SECTION 7 - INTELLECTUAL PROPERTY
All content on this website, including text, images, graphics, logos, product designs and software, is the property of SleepSheep or its licensors and is protected by applicable intellectual property laws.
You may not reproduce, distribute or exploit any content without our prior written consent.
SECTION 8 - THIRD-PARTY LINKS
Our Services may include links to third-party websites. We are not responsible for the content, accuracy or practices of third-party sites and you access them at your own risk.
SECTION 9 - SHOPIFY
SleepSheep is powered by Shopify. However, all purchases are made directly with SleepSheep.
Shopify is not responsible for any aspect of your transactions with us.
SECTION 10 - PRIVACY
Your personal information is handled in accordance with our Privacy Policy [LINK] and Shopify’s privacy practices.
SECTION 11 - PROHIBITED USE
You may not use our site or Services for any unlawful purpose or to violate any applicable laws.
You agree not to:
- misuse the Services
- attempt to hack, scrape or disrupt the site
- upload malicious code
- engage in fraudulent activity
- impersonate others
We reserve the right to terminate access for violations.
SECTION 12 - DISCLAIMER OF WARRANTIES
The Services and all products are provided “as is” and “as available” without warranties of any kind, except those required under Australian Consumer Law.
We do not guarantee that the Services will be uninterrupted, error-free or secure.
SECTION 13 - LIMITATION OF LIABILITY
To the maximum extent permitted by law, SleepSheep shall not be liable for any indirect, incidental, punitive or consequential damages arising from the use of our Services or products.
Nothing in this clause excludes liability where it would be unlawful to do so under Australian Consumer Law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify SleepSheep against any claims arising from your breach of these Terms or misuse of the Services.
SECTION 15 - TERMINATION
We may terminate or suspend access to our Services at any time without notice if we believe you have violated these Terms.
SECTION 16 - CHANGES TO TERMS
We may update these Terms at any time. Continued use of the Services after changes are posted constitutes acceptance of those changes.
SECTION 17 - MESSAGES INFORMATION
The SleepSheep mobile message service (the "Service") is operated by SleepSheep (“SleepSheep”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
By consenting to SleepSheep’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of SleepSheep through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with SleepSheep. Your participation in this program is completely voluntary.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt-out of the Service at any time. Text the single keyword command STOP to SleepSheep or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other SleepSheep mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.
For Service support or assistance, text HELP to SleepSheep or email sleepsheepdreams@gmail.com.
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.
SECTION 18 - CONTACT INFORMATION
Questions about these Terms should be sent to:
SleepSheep
Email: sleepsheepdreams@gmail.com
Business Address: 128 Brookes street, Fortitude Valley, Brisbane, 4006, Australia
ABN: 53107182459