Terms Of Service
Dear valued customer,
Thank you for visiting our website https://freshsleep360.com (hereinafter – “Website”). It is very important that you would take your time to get acquainted with these Terms of Service (hereinafter – “Terms”), as whenever you buy anything on the Website these Terms shall become legally binding and will act as an agreement between you (hereinafter – “User”, “You” or “Customer”) and us.
If you are not acquainted with, do not agree, do not understand or are not in par with the provisions of these Terms, please do not buy anything on the Website. You will be requested to confirm that you agree with these Terms whenever you will make a purchase on the Website – we urge you to be responsible and only proceed with your purchase if you have read and understood the provisions of these Terms.
- Who we are
- freshsleep360 (hereinafter referred to as the “Seller”, “We”, “Us”, “Our”) is a brand name used and operated by a business entity “TopEpc, LLC”, which is a limited liability company incorporated under the laws of USA (company EIN 84-2733960 ) with a registered office address at TopEpc, LLC
3 Germay Dr,
Unit 4 #1611
Wilmington DE 19804. Whenever you will buying anything on the Website you will be entering into a contractual relationship with Us.
- Please be noted that all purchases that You will make on the Website will be sent to You from one of our fulfilment centres, which address will not match our office address. If you want to return a product – please do not send it to our office address as we will not be able to accept it. All returns should be sent to our fulfilment center. For more details about returns please see Our Return Policy.
- What we sell
- Our Website is dedicated to selling consumer goods for better sleep and rest –
- All of our Products are designed and manufactured in accordance to all USA requirements, applicable to these type of electronic devices, and Products are bearing “CE” marking. You can download our Declaration of Conformity, demonstrating the fulfilment of the USA requirements, on our Website.
- Who do we sell to
- Please be noted that our Products are not designed for industrial or commercial use, thus we only sell our products for personal use.
- We reserve the right to cancel your purchase and reject any payments that you make on the Website if we have reasonable ground to believe that:
- You are buying our products for industrial or commercial use (including reselling or renting);
- You are younger than 13 years of age and making a purchase from United States of America;
- You are younger than 16 years of age and making a purchase from any country of European Union;
- You have not read these Terms.
- By agreeing to these Terms and making a purchase on Our Website you confirm to Us, that:
- You are above the legal age applicable in your country for entering into any purchase agreements;
- Your provided contact, billing and shipping information is true and correct;
- You are paying for the product with the credit card that belong to you or the owner of the credit card has authorized you to use the card and such authorizations were issued in a form which is required in your place of residence;
- You are purchasing the products for personal use only.
- delivery and returns
- Once you have placed your order on the Website and made the payment, we will process your order within 1-3 business days. After your order is processed you should receive the shipment within 7-14 calendar days. However, please be noted that the shipping terms may be affected by customs, natural occurrences, transfers to the local carrier in your country or air and ground transportation strikes or delays. We will be not responsible for delays if the shipment will be delayed due to the aforementioned reasons.
- All products purchased on Our Website will be delivered to You by EMS or DHL mail. After we finish processing your order we will send you confirmation letter containing your shipment tracking number. You can track your order online anytime by visiting https://www.17track.net/.
- If you are not happy with the products purchased on Our Website you may return them for whatever reason within 14 days from receiving the product. However, please be noted that we will only accept the returned product if it was not used, will not be damaged and sent back to us in the original package. We will give a refund for the returned product within 14 days from receiving the product to our fulfilment centre.
- Please be noted that if You want to return the products bought on the Website You will have to cover the shipping costs which will not be compensated by Us.
- All returned products should be sent to our fulfillment center and contacting us first to track return and refund correctly
- For more information about delivery, returns and refunds please see our Refund and Shipping Policies (https://info.freshsleep360.com/return.html).
- pricing, payments and charges
- All our payments are processed in USD.
- Prices for products displayed on the Website are subject to change. We reserve the right to modify or discontinue further sales of any products. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of sale of products.
- All prices displayed on the Website are inclusive of international shipping costs and all taxes. However, please be noted that Consumers from different countries may see product prices which would be slightly different – the prices may be affected by the Value Added Tax (“VAT”) which would or would not be applicable in each case.
- We will never include VAT in the purchase price and will not ask you to pay the VAT if:
- VAT is not applicable in the country which you indicated for shipping;
- Your requested product will be shipped to You from our fulfillment center in China or Singapore.
- Please be noted that in case defined in Clause 5.2. (b) above, your shipment may be subject to charges by your local authorities (customs). However you will never be double charged with VAT – we won’t ask you to pay VAT if your requested product will be sent from China.
- In cases when VAT is applicable in your country and your requested product is located in our USA fulfilment centre VAT shall be included in the product price displayed to you in the order form.
- We will never ask you for any additional charges, except for charges that would be explicitly shown for you in the order form.
- We accept payments by credit card and PayPal only. We will nor accept any checks , cash or other means for payment.
- product warranty
- All of our products sold on the Website are provided with a standard 2 (two) years warranty which is included in the price displayed to you when making the order on the Website. You can also purchase an extended warranty for your product for additional charge. Buying additional warranty will provide you the same benefits of a regular warranty for extended period.
- The warranty will cover any defects presumed to have existed at the time of delivery and which become apparent within a period of the warranty term. If during the warranty period a defects would occur we will provide You with one of the following remedies free of any charge:
- We will repair the product, if repair is possible;
- We will change your purchased product to a new product, if repair is impossible. Please be noted, that your product might be changed to a newer model, of not less value, of the same product, if the model that you have purchased would no longer be in production.
- Please be noted that the warranty shall not apply if the defect could not be qualified as a factory defect, thus we will not change or repair your product for free if the defect was determined by external factors such as inappropriate use or physical damage.
- All products for warranty should be sent to Our returns delivery address, provided in Section 4.5. of these Terms.
- THE PRODUCTS SOLD ON OUR WEBSITE ARE DESIGNED FOR PERSONAL USE ONLY. WE DO NOT CLAIM THAT ANY OF OUR PRODUCTS WILL BE SUITABLE FOR INDUSTRIAL OR COMMERCIAL USE.
- WE DO NOT WARRANT THAT THE WEBSITE OR ANY OF ITS CONTENT WILL BE ACCESIBLE AT ALL TIMES, UNINTERRUPTED OR ERROR FREE.
- We made every effort to display as accurately as possible the colours and images of all products sold on the Website. However We cannot guarantee that your computer monitor’s display of any colour will be accurate as well as that any displayment of any product on the Website will accurately reflect the actual properties of the product that You can purchase on the Website.
- Senior Discounts Club does not warrant that the Website will be uninterrupted or error free. We will not be responsible for any service interruptions, including, but not limited to, system failures or other interruptions that may affect the receipt, performing, completion or settlement of transactions or the Offers.
- limitation of liability
- UNDER NO CIRCUMSTANCES SHALL WE, OUR SUBSIDIARY COMPANIES, OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR ANY PRODUCTS PURCHASED FROM US.
AS SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY APPLY TO YOU IN LESSEN EXTENT. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY COMPANIES OR AFFILIATES IS LIMITED TO THE GREATEST EXTENT THAT IT CAN BE LIMITED UNDER SUCH STATE LAW.
- PERSONAL data protection
- We take necessary precautions and follow industry best practices as well as all requirements set by applicable laws to protect Your personal information from being inappropriately lost, misused, accessed, disclosed, altered or destroyed.
- Intellectual property
- All Intellectual Property displayed on the Website or provided to You in any other form are protected by law. You may not copy, repurpose or distribute any Intellectual Property or any other content received from Us or found on the Website, including images, trademarks, video materials or any other content for any purpose, without our express written permission.
- governing law and DISPUTES
- These Terms has been construed in accordance to USA laws regulating consumer rights. These Terms and entire legal relation between you and us shall be subject to law of the United States, except in cases if the consumer relations regulating laws would set a specific applicable law or jurisdiction.
- If the You would have any complaints please contact our support team prior making an official complaint for any authority or third party. You may contact Us at any time by sending an email to our support team: Contact Us. We will always put our best efforts to settle any complaints as fast as possible and in a way which would be most favourable to You.
- If any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these terms of service, such determination shall not affect the validity and enforceability of any other remaining provisions.
- You can review the most current version of the terms of service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these terms of service by posting updates and changes to our website.
- contact information
- You can contact us on our contacts page.