Terms of service

OVERVIEW

Welcome to Sleepwell Bedding! The terms “we”, “us” and “our” refer to Sleepwell Bedding. Sleepwell Bedding 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”). Sleepwell Bedding is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”) 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 https://www.sleepwellbedding.ca/policies/privacy-policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

1. ACCESS AND ACCOUNT

By agreeing to these Terms, you represent that you are at least the age of majority in your province or territory of residence, and that you consent to allow any of your minor dependents to use the Services on devices you own or operate. To use the Services, including accessing or browsing our online stores or purchasing any products or services we offer, 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 this information. You are solely responsible for maintaining the security of your account credentials and for all of your 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 and services in our online stores. However, please note that colors or product appearance may differ from how they appear on your screen due to the type of device and settings you use to access the store. We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be exactly the same as depicted in our online stores. All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

3. ORDERS

When you place an order, you are making an offer to purchase. Sleepwell Bedding reserves the right to accept or decline your order for any reason in its discretion. Your order is not accepted until Sleepwell Bedding confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as Sleepwell Bedding may be unable to accommodate cancellation requests after an order is accepted. If we do not accept, change, or cancel an order, we will attempt to notify you by contacting the e‑mail, billing address, and/or phone number you provided when the order was made. Your purchases are subject to return or exchange solely in accordance with our Refund Policy (https://www.sleepwellbedding.ca/policies/refund-policy). For information about warranties or additional return details, see our Warranty & Return Policy (https://www.sleepwellbedding.ca/pages/warranty-and-return-policy). You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

4. PRICES AND BILLING

Prices, discounts and promotions are subject to change without notice. The price charged for a product or service 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 expressly stated, posted prices do not include applicable taxes (such as GST/HST), shipping, handling, customs, or import charges. Prices posted in our online stores may differ from prices offered in physical stores or by third-party sellers. We may offer, from time to time, promotions that affect pricing and that are governed by terms separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern. You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address and credit card information, so that we can complete your transactions and contact you as needed. You represent and warrant that (i) the payment information you provide is true, correct, and complete, (ii) you are duly authorized to use such payment method for the purchase, (iii) charges incurred by you will be honored by your payment provider, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes (including GST/HST).

5. SHIPPING AND DELIVERY

We are not liable for shipping and delivery delays. 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. Once we transfer products to the carrier, title to and risk of loss of the products pass to you. For more information on delivery policies and charges, see our Delivery page (https://www.sleepwellbedding.ca/pages/delivery).

6. INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, images, graphics, product reviews, videos, and the design, selection, and arrangement thereof, are owned by Sleepwell Bedding, its affiliates or licensors and are protected by Canadian and international patent, copyright and other intellectual property laws. These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of Sleepwell Bedding, Shopify or any third party. Unauthorized use of the Services may be a violation of federal or provincial intellectual property laws. All rights not expressly granted herein are reserved by Sleepwell Bedding. Sleepwell Bedding’s names, logos, product and service names, designs, and slogans are trademarks of Sleepwell Bedding or its affiliates or licensors. You must not use such trademarks without the prior written permission of Sleepwell Bedding. Shopify’s name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

7. OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control over. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties or endorsements of any kind, and without any representation regarding its use, functionality, or content. We shall have no liability whatsoever arising from your use of optional third-party tools. Any use by you of the optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new features through the Services (including new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms.

8. THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third-party sites, you do so at your own risk. We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction.

9. RELATIONSHIP WITH SHOPIFY

Sleepwell Bedding is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Sleepwell Bedding. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sale between you and Sleepwell Bedding, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Sleepwell Bedding.

10. PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy (https://www.sleepwellbedding.ca/policies/privacy-policy), which can be viewed at the link provided. By using the Services, you acknowledge that you have read and accept the terms of this Privacy Policy. Our Privacy Policy explains how we collect, use and disclose your personal information, and how we protect your privacy. If you do not agree to the Privacy Policy, you should not use or access our Services.

11. FEEDBACK

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”) to us, you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use. We may use Feedback to operate, provide, evaluate, enhance, improve and promote the Services and to exercise our rights under these Terms of Service. You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your Feedback; and (iii) your Feedback complies with these Terms. We are under no obligation to: (1) maintain your Feedback in confidence; (2) pay compensation for your Feedback; or (3) respond to your Feedback. We may, but are not required to, monitor, edit or remove any Feedback at our sole discretion. You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, and will not contain any libelous or unlawful material or viruses. You are solely responsible for the Feedback you submit. We assume no liability for Feedback posted by you or any third party.

12. ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).

13. PROHIBITED USES

You may access and use the Services for lawful purposes only. You may not access or use the Services for any unlawful or malicious purpose, or to:

(a) violate any international, federal, provincial or territorial laws, or any local ordinances;

(b) infringe upon or violate our intellectual property rights or the intellectual property rights of others;

(c) harass, abuse, defame, slander or otherwise harm any person or entity;

(d) transmit false or misleading information;

(e) transmit or reuse any material that does not comply with these Terms;

(f) send or procure the sending of any advertising or promotional material (including “junk mail,” “chain letters,” “spam” or any other similar solicitation);

(g) impersonate or attempt to impersonate any person or entity; or

(h) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Sleepwell Bedding or expose it or others to liability.

In addition, you agree not to:

(a) upload or transmit viruses or any other malicious code that would compromise, interfere with, damage or otherwise adversely affect the operation of the Services;

(b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services without express written permission from us;

(c) collect or track the personal information of others;

(d) spam, phish, pharm, pretext, spider, crawl, or scrape; or

(e) interfere with or circumvent the security features of the Services or any related website or the Internet.

We reserve the right to suspend, disable, or terminate your access to the Services, or remove any content you post, if we determine you have violated any part of these Terms.

14. TERMINATION

We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination. Upon any termination, you will no longer have access to the Services. The following sections will continue to apply after termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

15. DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. EXCEPT AS EXPRESSLY STATED BY Sleepwell Bedding, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. Sleepwell Bedding DOES NOT GUARANTEE OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. Some provinces or territories do not allow the exclusion of certain warranties, so some of the above disclaimers may not apply to you. Nothing in these Terms shall limit any warranties or rights that are provided by applicable laws in Manitoba, Canada.

16. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL Sleepwell Bedding, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS OR SUPPLIERS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, SAVINGS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, EVEN IF Sleepwell Bedding HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL Sleepwell Bedding’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICES EXCEED THE TOTAL AMOUNT PAID BY YOU TO Sleepwell Bedding, IF ANY, IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM.

17. INDEMNIFICATION

You agree to indemnify, defend and hold harmless Sleepwell Bedding and its affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from any losses, damages, liabilities or claims, including reasonable attorneys’ fees, arising out of or resulting from (1) your breach of these Terms or related documents; (2) your violation of any law or the rights of any third party; or (3) your access to or use of the Services. You will cooperate in the defense of any indemnified claim. We may, at our option, control the defense and settlement of any indemnified claim.

18. SEVERABILITY

If any provision of these Terms of Service is held to be unlawful, void or unenforceable by a court of competent jurisdiction, that provision shall be enforced to the fullest extent permissible and the remaining provisions shall remain in full force and effect.

19. WAIVER; ENTIRE AGREEMENT

No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term. These Terms of Service, together with our Privacy Policy and any other policies or operating rules posted by us, constitute the entire agreement between you and Sleepwell Bedding concerning your use of the Services, superseding any prior or contemporaneous agreements. You acknowledge that you have not relied on any representation, promise, or warranty outside of these Terms.

20. ASSIGNMENT

You may not assign or transfer this Agreement, or any rights or obligations hereunder, without our prior written consent. Any attempted assignment without consent will be void. We may freely assign or delegate our rights and obligations under these Terms without your consent.

21. GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Province of Manitoba and the federal laws of Canada applicable therein. You and Sleepwell Bedding agree to attorn to the exclusive jurisdiction of the courts of Manitoba, Canada.

22. HEADINGS

The headings used in these Terms of Service are included for convenience only and will not limit or otherwise affect these Terms.

23. CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page. We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check this page periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in our notice. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.

24. CONTACT INFORMATION

Questions about the Terms of Service should be sent to info@sleepwellbedding.ca. Our contact information is: Sleepwell Bedding, 1570 St James St, Winnipeg, Manitoba R3T 6A3, Canada. Phone: +1 204-786-2225. Business Registration Number: 705117349.