1. Application of these Terms and Conditions

1.1 Welcome to www.snoozysleeps.com (the 'Website'). The Website is owned and operated by Keev Commerce, LLC.
1.2 The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (the 'Products') by giving you access to a registered customer account (the 'Purchase Services')
1.3 Your access to and use of our Website for the purchase of Products through the Purchase Services or any associated products and services is governed by these terms and conditions (the 'Terms').
1.4 Please read the Terms carefully as they govern your access to and use of our Website. By using the Website, you agree that you are bound by these Terms. If you do not agree with the Terms, you must refrain from the using the Website.
1.5 Please read our Privacy Policy which form a part of these Terms to understand our practices regarding personal information that we collect about you through the conduct of our business.
1.6 These Terms may be updated by us at any time, and by continuing to use the Website, you accept the Terms as they apply from time to time. If Snoozy updates the Terms, we will use reasonable endeavors to provide you with notice of these updates. Any changes to the Terms take immediate effect from the date of their publication on our Website.

2. Who May Use Our Website

2.1 As a condition of your use of our Website and access to our Purchase Services, you warrant that: (a) you are a person authorized to enter into a legally binding contract if you are purchasing our Products; (b) all relevant consents have been obtained to use our Products.
2.2 If we detect suspicious activity on this Website, we reserve the right to investigate the instance and suspend a person’s access to this Website without prior notice.
2.3 We retain the right in our sole discretion to deny anyone access to this Website or our Purchase Services, at any time and for any reason.

3. How the Contract is Formed

3.1 Our offer of Products on the Website constitutes an invitation to buy our Products. This means, it is not a binding offer to sell. You may submit your offer to buy via our order system integrated into our Website.
3.2 When purchasing Products via the Website, the Products you intend to purchase are placed in our virtual shopping cart (‘Shopping Cart’). You can view and access your Shopping Cart at any time and on each page of the Website and you can also make changes to your existing Shopping Cart. Once you have decided to purchase a Product in your Shopping Cart, you can enter your personal details, select the method of payment and select the shipping conditions. Prior to purchase, you can check, change, or cancel the purchase in its entirety. By clicking the “Buy now” button you make an offer to buy the Products from Snoozy.
3.3 You may return to the Website before placing your Order by clicking on the “back” button found on your internet browser, after checking your information and/or close your Internet browser to cancel the order process.
3.4 Our acceptance of your Order will take place when we email you notification of our acceptance of your Order. At this point, a contract will come into existence between you and Snoozy.
3.5 If we are unable to accept your offer, we will inform you of this and will not charge you for the Products. We may not be able to accept your order: (a) because a Product is out of stock; (b) because of unexpected limits in our resources which could not be reasonably planned for; (c) because we have identified an error in the price or description of the Products; or (d) because we are unable to meet a delivery deadline which you have specified.
3.6 It is always possible that, despite our best efforts, some of the Products we sell may be incorrectly priced. We will normally check prices before accepting your Order so that, where the Product’s correct price at your Order date is less than our stated price at your Order date, we will charge the lower amount. If the Product’s correct price at your date is higher than the price stated to you, we will contact you for your instructions before we accept your Order. If we accept and process your Order where a pricing error is obvious and unmistakable and could reasonably have been recognized by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
3.7 The rights and obligations under a Contract of Sale between Snoozy and You, duly concluded in accordance with these Terms and Conditions, may not be assigned or transferred to any third parties under any circumstances.

4. Prices and Shipping Costs

4.1 Prices include GST unless otherwise stated on our Website. The prices stated on the order page when you placed your Order are the final prices. They include all price components including all applicable taxes.

5. Delivery

5.1 We will deliver the Products to you within 3-5 days after the day on which we accept your order.
5.2 We are not responsible for delays outside of our control. If the delivery of the Product is delayed by an event outside our control, then we will contact you as soon as possible to let you know. We will take steps to minimize the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Products you have paid for but not received.
5.3 In the case of the non-availability of goods, your advance payment, if any paid, will be refunded without delay.
5.4 The Products will be your responsibility and risk in the Products will pass to you from the time we deliver the Products to the delivery address provided to us.
5.5 If, after failed delivery to you, you do not re-arrange delivery, we will contact you for further instructions. We may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you to re-arrange delivery or collection, we may end the contract and claim for any loss caused by your refusal or non-availability to take delivery. If you are in default of acceptance, we reserve the right to sell the Products to a third-party or to hold you liable for any loss.

6. Our Products

Products may vary slightly from their images on our Website. The images of the Products on our Website are for illustrative purposes only.

7. Title and Risk

7.1 We retain ownership of the purchased item until the invoice has been paid in full by you.
7.2 If you are in arrears for any payment obligations, all outstanding sums are immediately due.
7.3 The risk in the Products will pass from Snoozy to you at the time of delivery of the Products to the point of delivery in the Order. From that time on, you assume all risk of loss and damage to the Products including without limitation all loss or damage in the course of unloading the Products following delivery.

8. Terms of Payment and Delivery

8.1.You agree that you will receive invoices and credit notes exclusively in electronic form.
8.2 We offer the following methods of payment:
(a) credit card (MasterCard, Visa Card, Amex, PayPal, GooglePay, Apple Pay);
For every Order, we reserve the right not to offer certain payment methods based on the delivery address, a deviation from the delivery and invoice address, the value of the goods in the Order or due to other objective criteria. We are entitled to refer you to other payment methods for each Order.
8.3 In the case of payment in advance we will provide you with our bank details in the Order confirmation. The invoice amount must be transferred to our account within 10 days.
8.4 Consumers are asked to check the Products immediately for completeness, obvious defects and transport damage and to notify complaints to us at Contact us and the freight forwarder as soon as possible. Your warranty claims remain unaffected.

9. Returns and Refunds Policy
9.1. The customer is responsible for all return shipment/freight charges. For product returns that are not a result of a Snoozy error, you will need ship the item at your own expense.

9.2. All returned merchandise must be purchased from snoozysleeps.com and returned within 30 days of date of purchase.

9.3. To return an item as a result of a Snoozy error, please contact our customer support team by email at hello@snoozysleeps.com to receive a merchandise return label. Please note we are unable to send merchandise return labels for international returns at this time.

9.4. If a merchandise return label is provided, the number must be clearly visible on the outside of every returned package. The returned package should include a copy of your receipt for the purchase of the returned product.

9.5. No return shipment carton may exceed 50 lbs. in weight.

9.6. All orders must be returned in their original packaging to receive a full refund. Used items are not eligible for a full refund.

9.7. Once the returned merchandise is received a credit will be issued based on the original payment method.

10. Service Obligations

10.1 Snoozy will supply the Purchase Services in a good, proper and professional manner and in accordance with relevant United States industry standards, best practice and guidelines.

11. Customer Obligations

As a Customer, you agree that you will comply with the following:
(a) use the Purchase Services only for purposes that are permitted by the Terms;
(b) that you will have the sole responsibility for protecting the confidentiality of your Login Details and/or email address;
(c) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Snoozy of any unauthorized use of your Login Details or email address or any breach of security of which you have become aware;
(d) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Snoozy providing the Purchase Services.

12. Contract language and Storage of the Contract Text

This contract is offered exclusively in English. The contract text (order data and general terms and conditions) is filed and stored by us. The storage is, however, only temporary and is not accessible to you. If you wish to file and store these terms and conditions you will have to do so separately.

13. General Disclaimer

13.1 You acknowledge that Snoozy does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.
13.2 Snoozy will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that colours and packaging may differ from what is displayed on the Website.
13.4 Subject to this clause, and the extent permitted by law:
(a) all terms, guarantees, warranties, representations, or conditions which are not expressly stated in these Terms are excluded; and
(b) Snoozy will not be liable for any special, indirect, or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
13.5 None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Snoozy (including any third party where the delivery services are made available to you) make any express or implied representation or warranty about the content on the Website or any products or services (including the Products or Purchase Services of Snoozy) except as provided in these Terms and on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its content related products (including third party material and advertisements on the Website);
(c) costs incurred as a result of you using the Website, the Purchase Services or any of the Products;
(d) the Content or operation in respect to links which are provided for the User's convenience; or
(e) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website.

14. Venue and Jurisdiction

The Purchase Services offered by Snoozy is intended to be viewed by residents of United States. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of United States.

15. Limitation of Liability

15.1 Snoozy will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profit, goodwill, use, damage to property, data or other intangible losses (even if Snoozy has been advised of the possibility of such damages).
15.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Products.
15.3 We are not liable for business losses. We only supply the Products for domestic and private use. If you use the Products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
15.4 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control (“Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission accident or Act of God beyond our reasonable control. Our performance of the Services is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Terms may be performed despite the Force Majeure Event.

16. Copyright and Intellectual Property

16.1 The intellectual property rights in or related to the Products or any of its documentation vest in Snoozy or Snoozy has the right to use the intellectual property rights.
16.2 The Website, the Purchase Services and all of the related products of Snoozy are subject to copyright. The material on the Website is protected by copyright under the laws of United States and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the 'Content') are owned or controlled by Snoozy or its contributors.
16.3 You may not, without the prior written permission of Snoozy and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third-party contact for any purpose. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.
16.4 Snoozy retains all rights, title and interest in and to the Website and all related Content. Nothing you do on or in relation to the Website will transfer to you:
(a) the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of Snoozy;
(b) the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
(c) a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process). The Website or any part of it (including, without limitation, any content or images) must not be copied, reproduced, adapted, publicly displayed, duplicated, translated or distributed in any way (including mirroring) to any other device, server, site or other medium for publication or distribution, without our express prior written consent.
16.5 The intellectual property in our Products including any trade marks, service marks, trade names and any other proprietary designations are owned, registered or licensed by us. Any other trade marks, service marks, logos, trade names and any other proprietary designations are the trade marks or property of the respective parties. You must not use any of our trade marks:
(a) in or as the whole or part of your own trade marks;
(b) in connection with activities, products or services which are not ours; or
(c) in a manner which may be confusing, misleading or deceptive.
16.6 Your obligations under this clause survive termination or expiry of these Terms.

17. Privacy Policy

17.1 In these Terms, personal information has the meaning as defined in the Privacy Laws. Privacy Laws means the Privacy Act 1988 (Cth). Please refer to our Privacy Policy.

18. Transfer of Risk

The risk of accidental loss and accidental deterioration of the purchased goods shall be transferred to you where you are not a consumer as soon as we have handed the goods to the freight forwarder, freight carrier or other person or institution who is otherwise responsible for the shipment.

19. Service Warranty

19.1 The warranty period is one year from delivery of the goods. This does not apply to damages resulting from injury to life, body or health, which is attributable to the seller and not to gross negligence or willful deliberate damage or misrepresentation by us.
19.2 Only our details and the Product description of the Products are deemed as agreed upon; but no other advertising, public promises and statements by us.
19.3 If you are not a consumer, you are obliged to examine the goods immediately and perform due diligence on quality and quantity deviations and to notify obvious defects within 7 days from receipt of the goods to us in writing. The same applies to any defects you find later.
19.4 The warranty provided under this clause will not apply where you are not acting as a consumer and have not examined the Products and notified us of any defects.
19.5 We will fulfill the warranty in the case of defective goods at our option by repair or replacement delivery. If we fail to rectify the fault two times, you may demand a reduction or withdraw from the contract.
19.6 In the case of subsequent improvement, the buyer shall bear the increased costs resulting from the fact that the goods have been transported to a place other than the place of performance, provided that the shipment does not correspond to the intended use of the goods.

20. Extended Retention of Title

20.1 Ownership and title in the Products shall not pass to the customer until the customer has paid for the Products in full in accordance with these Terms.
20.2 Notwithstanding that risk in the Products shall pass to the customer as provided in paragraph 17, title to the Products shall remain with us until all monies owing by the customer to us have been paid in full.
20.3 Where Products are supplied by us to the customer without payment in full of all moneys payable in respect of the Products provided by us, the customer:
(a) is a bailee of the Products until property in them passes to the customer;
(b) irrevocably appoints us as its attorney to do all acts and things necessary to ensure the retention of title to Products including the registration of any security interest in favor of us with respect to the Products under applicable law;
(c) must be able upon demand by us to separate and identify as belonging to us the Products supplied by us from other products which are held by the customer; (d) must not allow any person to have or acquire any security interest in the Products; (e) agrees that we may repossess the Products if payment is not made within 14 days (or such longer time as we may, in our complete discretion, approve in writing) of the supply of the Products; and (f) grants an irrevocable license to us or our agent to enter the customers premises or premises under its control in order to recover possession of Products pursuant to this paragraph. The corresponding security rights in the Products are transferable to third parties. Prior to the transfer of ownership of the reserved Products, a buyer is not entitled to pledge the Products or to surrender them for security.
20.4 If the customer is not a consumer, notwithstanding paragraph 20 (3) the customer may transfer, sell or dispose of Products to a third party in the ordinary course of business.
20.5 We retain ownership of the Products where you are not a consumer until the complete settlement of all claims arising from a current business relationship. The corresponding security rights in the Products are transferable to third parties. Prior to the transfer of ownership of the reserved Products, a buyer is not entitled to pledge the Products or to surrender them for security.
20.6 If you are not a consumer, you are entitled to resell the Products in the ordinary course of business. In this case, the purchaser must assign all claims arising from the resale to the seller in the amount of the invoice amount. The seller accepts the assignment amount. The purchaser is also authorized to collect the debt. The seller reserves the right to collect the claim itself if the purchaser does not properly fulfill its payment obligations. In case of connection and mixing of the reserved Products, the seller acquires co-ownership of the new item in the ratio of the invoice value of the reserved Products to the other processed items at the time of the processing. The seller undertakes to release the collateral which is due to the seller at the buyer’s request insofar as the value of the collateral exceeds the claim to be secured by more than 10%. The choice of securities to be released is incumbent upon the seller.

21. Discounts and Promotions

21.1 Advertised offers and promotions are subject to the following terms and conditions, in addition to any conditions specified upon entering the relevant code at checkout:
(a) promotions are only applicable to Products specified in the offer;
(b) any specified discounts and final sale promotions may not be eligible for any other offers;
(c) you must be logged in to your Customer Account to use a promotion code;
(d) we take no responsibility for promotion codes that were not applied during the checkout process and application of discounts after an Order has been placed is left to the discretion of Snoozy;
(e) Products marked ‘Final Sale’, or purchased from a promotion that specified the Products as ‘Final Sale’, cannot be returned (in the absence of any defect or fault and subject to any law to the contrary); and
(f) we reserve the right to end any promotions, sales or discount offers at any time.
21.2 Please refer to our Website for specific terms and conditions, eligibility for, and rules that apply to our special offer discounts and promotions.

22. Customer Service

22.1 Our customer service is available for questions and complaints on weekdays from 9:00 AM to 4.00 pm.
22.2 Our customer service can be reached through e-mail at hello@snoozysleeps.com

23. Fraud Policy

23.1 Snoozy products are only available for purchase in the United States through the following authorized outlets:
(a) www.snoozysleeps.com
23.2 Snoozy does not authorize any resellers or individual traders other than those stated above. Snoozy reserves the right to prosecute and seek legal reparation from third parties who infringe the trademarks and copyrights belonging to Snoozy, and/or use fraud or misrepresentation to mislead consumers.
23.3 Snoozy reserves the right to publish a blacklist of known unauthorized sellers or persons who, using fraud or misrepresentation, claim to be authorized representatives of Snoozy.
23.4 Snoozy return and refund policy, product warranty, and the rights granted to customers under the Terms and Conditions shall only be available to customers who purchase from authorized sellers.
23.5 Snoozy shall not be liable for damaged or defective Snoozy products purchased from unauthorized sellers. Customers who purchase from unauthorized sellers do so at their own risk, and shall have no recourse to Snoozy for any claims for return, refund, product warranty, and/or any other customer service.

24. Other Important Terms

24.1 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
24.2 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
24.3 If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.