Terms of Service

Before completing your order at Hugsleep.com (the US Store), please carefully read these Sale Terms (United States) (the Sale Terms) set by HUG SLEEP INC. (HUG SLEEP, WE, US OR OUR), our Warranty, our Return Policy, our Website Terms of Use and our Privacy Notice. These documents shall be incorporated into these Sale Terms by reference.

BY INDICATING THAT YOU AGREE TO OUR TERMS AND CONDITIONS, OR OTHERWISE PURCHASING PRODUCTS FROM THE US STORE (PRODUCT / PRODUCTS), YOU AGREE YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR PURCHASE OF THE PRODUCTS, YOU AGREE TO BE BOUND BY THESE SALE TERMS (THE SALES CONTRACT).

By providing your phone number and affirmatively opting in, you consent to receive recurring marketing and informational text messages from Hug Sleep at the number provided. Consent is not a condition of purchase. Message & data rates may apply. You may withdraw consent at any time by replying STOP.

Section 14 of these Sale Terms includes a binding arbitration clause and class action waiver, which means you agree to submit any dispute related to the Sale Terms, the Products, and your relationship with us to binding arbitration rather than proceeding in court. You may opt-out of this mandatory arbitration agreement only by following the procedures below.
UNLESS YOU OPT OUT: (i) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (ii) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND WAIVING YOUR RIGHT TO HAVE A JURY TRIAL.

You are encouraged to save and print these Sale Terms for future reference. We may also keep an electronic record of your acceptance of these Sale Terms.

When you place an order on our US Store, you represent and warrant to us that:
(a) you are at least 18 years of age; and
(b) if you are not at least 18 years of age, that you have obtained consent from your parent or guardian to place the order.

If you are buying products for a business or on behalf of a business, please contact Hug Sleep via the Contact page. The product warranties given under these Sale Terms do not apply to any:
(a) corporate purchases; or
(b) products that are acquired for commercial purposes.

For a gift redemption, please refer to the business from whom you obtained your vouchers or gift codes for the terms and conditions governing your gift redemption.

  1. Information about Hug Sleep
    HUG SLEEP INC. is the seller of the Products. You can contact us at support@hugsleep.com

  2. US Store presentation
    We strive to ensure that the US Store content is correct at all times. However, mistakes sometimes do occur. We may make a mistake in a product’s description or fail to update the price once in a while. We reserve the right to correct our mistakes, errors or omissions by either cancelling your order or offering you alternative options. If a pricing error is obvious, you agree that we do not have to sell you the Products at the incorrect (lower) price. You will always have the right to cancel your order after we alert you of our mistake.

Despite our best effort to provide accurate images of each Product’s color and design, actual Colors and design may vary slightly due to different device display settings. You accept that there may be a slight variation between what you see on our US Store and the actual color and design. These variations should however not be major.

The US Store is solely for the promotion of our Products in the United States (the US). Our Products are intended to comply with the applicable Federal laws of the US and the applicable state laws and regulations. If you are placing an order on the US Store from a country outside of the US, the Products may not comply with all applicable laws and regulations in your country. All Products displayed on the US Store are subject to availability and we reserve the right to remove or amend the availability of a Product from the US Store at any time, or to otherwise limit the Products that each order, account, debit / credit card, person or household can buy. We reserve the right to cancel your order(s) if you attempt to circumvent quantity limitations, such as by using multiple email addresses or accounts. We also reserve the right to revise the pricing of any Product on the US Store at any time without notice to you.

  1. Your consumer rights

Product Warranty
Our Products are covered by our warranty. Our warranty is in addition to, and does not replace any statutory rights you may have as a consumer under the applicable Federal laws and the state laws. Should you find that a Product is faulty or defective, you have the right to return it to us to be repaired, replaced or refunded in accordance with our Warranty.

Returns
All returns must be done in accordance with our Return Policy or otherwise stated on it’s product page.

  1. Treatment of your information
    We will decide whether to supply the Products to you based on the completeness and accuracy of the information that you provide to us. Such information includes your name, shipping address, billing address and payment information (Buyer Information). By submitting the Buyer Information, you represent to us that the information you have provided is true, valid, complete and up-to-date in all respects, and that you have not entered the information of another person who has not given you any authority to act on such other person’s behalf.

You agree that we may collect, store, secure, use, disclose, retain and maintain your personal data, including the Buyer Information, in accordance with the privacy practices described in the Privacy Notice. If you have entered the Buyer Information on behalf of another individual, you represent that such individual has given you the consent to transfer her or his personal information to us and that such individual agrees to our processing of their information in accordance with the privacy practices described in the Privacy Notice. If you have questions about the treatment of your personal data, please write to Support@hugsleep.com

  1. Your order
    Please take the time to ensure the accuracy of your order before completing your payment. Once you click on the ‘Pay Now’ button or its equivalent, you will have made a binding and irrevocable offer to buy the Products from Hug Sleep.

After you have placed your order, we will verify your payment before issuing an order confirmation to you. As part of Hug Sleep’s payment processing protocol, we may collect additional information about you, directly or through third party providers, for security and anti-fraud purposes. Once we have successfully verified your payment, we will debit your selected payment method. Please note that we will process your payment at the time of placing the order. If you are paying by instalments, your payment will be processed as described in Section 6 (Payment) below.

When the Products are ready to be shipped out, we will send a shipment notice to the contact details you provided during checkout. The shipment notice will include tracking details and an estimated delivery date.

We allow our customers to place advance orders for specific Products (each, a Pre-Order). To successfully place a Pre-Order, you must pay for the Products in advance. Your payment will be processed at the time of placing the Pre-Order and secures your position on the waitlist for these Products. We will send you confirmation of shipment for your Pre-Order once the delivery dates have been confirmed and tracking details are available. You can cancel your Pre-Order at any time before the Products are shipped out by following the process described in our Return Policy.

While infrequent, it is possible that the Products may become unavailable after you have submitted your order. Should this happen, we will inform you and give you the options of amending your order for a different Product, placing a Pre-Order for the same Product or cancelling your order. If you cancel your order, we will refund you the full amount that you have paid.

If your payment is not processed as described in Section 6 (Payment), or if your payment does not pass our security checks, we will reject your order. In some cases, this can happen after you receive an order confirmation. If your order is rejected, your Sales Contract with us is cancelled without any liability to either you or us.

We may reject any order for any legitimate reason. Where that is the case, we will let you know via e-mail, and will refund you the full amount that you have paid (if any).

  1. Payment

Credit, Debit Cards and Electronic Accounts
You need not create an account with us in order to place an order. By submitting an order and providing us with your payment details at checkout, you authorize us (acting by our payment processor) to charge your account to take payment for your order at the time of placing the order. We will not be responsible for any losses you may suffer if the payment method you use to pay for an order does not have sufficient funds to cover all costs of that order.

Payments
We offer flexible financing options, through third parties, which allow you to pay for your order in instalments. Such options shall be provided to you when checking out, and are subject to such third parties' terms and conditions.

We are not responsible for, nor do we control, the content, products, or services provided by these third parties providing financing options, nor any other third parties we may link to through our website. We do not endorse or guarantee the products, information, services, or recommendations provided by such linked websites and are not liable for any failure of products or services advertised on those websites. In addition, such third parties may provide less security than we do and may have a substantively different privacy policy. It is your responsibility to read the terms and conditions and privacy policy provided by such third parties. Your access, use and reliance upon such content, products, or services are at your own risk.

We will continue to honor our Warranty and Return Policy for Products purchased through these flexible financing options.

We do not make any representations, warranties or guarantees, whether express, implied or statutory, in respect of payment services by third-party service providers. To the extent permitted by law, we exclude and disclaim any and all such representations, warranties or guarantees and we shall not be liable for any claim, loss, damage, data loss, costs or expenses incurred (whether direct or consequential) suffered or sustained by you arising from or in connection with your use of these payment services.

  1. Delivery and delivery charges
    There may be limits to where we can ship the Products. If your shipping address is outside of our delivery zone, we will let you know before you place the order and you will not be able to proceed to checkout.

Unless otherwise stated on the promotion pages of the US Store, the prices shown on the US Store do not include delivery fees. Delivery fees, if any, are calculated after you have provided your shipping address and will be displayed at checkout. Please also note that additional delivery fees may apply for certain areas, such as restricted zones, islands and no-lift areas.

The estimated shipment arrival date may be included in the shipment confirmation sent to you. Sometimes, an event beyond our control may delay the shipment of your order. Should that happen, you will receive an updated delivery date as soon as it is available. Please note that any estimated delivery dates displayed on the US Store or communicated to you in any order or shipment confirmation or by our customer support team are simply estimates – they do not represent a guarantee that the Products will arrive by that delivery estimate.

Delivery is completed when the Products reach the shipping address you provided to us at the time of placing the order. Once confirmed delivered, the Products are your responsibility and risk of damage to or loss of the Products passes to you. When you select to pay in instalments, the title in and to the Products will pass to you upon your full payment to your selected third-party provider, unless otherwise agreed with the third-party provider. In all other cases, the title in and to the Products will pass to you upon your full payment to us of the Products.

Should you have any questions about your order, please contact Hug Sleep via the contact page.

  1. Prices and promotions
    Unless stated otherwise, prices shown in the US Store do not include state sales tax. You are responsible for paying all other taxes, levies or duties imposed in connection with your purchase of Products from the US Store. To the extent we are obligated to collect any such additional taxes, the applicable tax will be added to the total price at checkout.

We may adjust Product prices from time to time. Changes in price will not affect any order for which we have issued an order confirmation.

We run many promotions in the US Store and reserve the right to alter the terms or duration of any promotion without notice to you.

  1. E-gift cards
    Any virtual or e-gift card that you buy from the US Store (the e-Card) represents a pre-payment for Products with the monetary value that is selected at the time of purchase. The e-Card is not a credit, charge or debit card. Unless required by law, we will not refund any balance on the e-Card and you will not be able to redeem any balance on the e-Card for cash, save as provided below.

You can use the e-Card only at the store from which you bought it. You cannot use an e-Card bought from the US Store at any other online stores that Hug Sleep or our affiliates own.

After you buy the e-Card, we will send you an e-mail with a link to the e-Card. The e-Card itself will contain a unique code (Unique Code). You can input this Unique Code in the discount field when buying Products from the US Store. You may charge the full amount of your order (including taxes and delivery charges) to the e-Card. However, your charge may not exceed the balance available on the e-Card. If the order value exceeds the balance of your e-Card, you will need to pay the excess amount using another payment method. Credits for returns accepted by us will be returned to the e-Card.

If, for any reason, the US Store allows a payment to go through your e-Card even though the value stored in it is less than the order value, you agree to reimburse us, upon request, for the amount of the insufficient funds. We reserve the right to suspend or end your use of the e-Card and request alternative forms of payment if the payment you initially used to buy the e-Card is later returned for non-payment.

Anyone who has access to the Unique Code can use the e-Card to buy Products from the US Store. Therefore, you should protect the Unique Code and treat it like cash. If you lose the Unique Code (such as by deleting the e-mail with the link to the card), please contact us. We will send the Unique Code to the original buyer of the e-Card. However, we shall not be responsible to anyone for any loss due to an unauthorized use of the Unique Code.

You can cancel and request a refund of the full value of any e-Card that is unused. Once you use the e-Card to make a purchase, you will not be able to cancel the e-Card or request a refund of any balance on the e-Card. We will refund the value of any unused e-Card that is cancelled only to the original buyer. If you give the e-Card as a gift, please inform your gift recipient that the e-Card cannot be redeemed for cash.

We do not charge any fee for the e-Card. We reserve the right to correct the balance on your e-Card in the event a clerical, billing or accounting error has occurred. We will let you know if that happens.

  1. Limitation of liability
    Our Products are provided on an “as is” basis. We, our affiliates, officers and employees, to the full extent permitted by law, give no guarantee, representation, undertaking or warranty, whether express or implied, written or verbal, statutory or otherwise, in respect of the merchantability, quality or fitness for a particular purpose of any Product, save as set out in our Warranty.

To the extent permitted by law, you agree that we shall not be responsible for any demands, loss, liability, claims, damage, costs or expenses (including the fees of any investigations and legal service providers), whether direct, indirect, incidental or consequential, suffered by you or anyone else arising from any:
(a) modification to the Product that has not been authorized by us in writing;
(b) use of the Product that is not in accordance with our instructions and guidelines;
(c) use of the Product in a manner that is not how it would be reasonably used; and/or
(d) breach or violation of or failure to comply with these Sale Terms, or any terms incorporated herein.

To the extent permitted by law, you agree to fully indemnify and hold us, our officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries, affiliates, and contractors, harmless from any demands, loss, liability, claims, damage, costs or expenses (including the fees of any investigations and legal service providers), whether direct, indirect, incidental or consequential, arising out of or in connection with your:
(a) modification to the Product that has not been authorized by us in writing;
(b) use of the Product that is not in accordance with our instructions and guidelines;
(c) use of the Product in a manner that is not how it would be reasonably used; and/or
(d) breach or violation of or failure to comply with these Sale Terms, or any terms incorporated herein.

To the extent permitted by law, we shall not be responsible to you for any indirect, consequential, collateral, special, punitive or incidental loss or damage, or losses that are not reasonably foreseeable at the time of your order.

Our Products are solely for domestic or personal use and you agree not to use them for any commercial, business or resale purposes. Should you do so, we shall not be responsible for any economic losses you may suffer including but not limited to loss of profits, loss of business, business interruption or loss of business opportunity.

Nothing in these Sale Terms is meant to exclude or limit in any way our liability to you where such liability cannot be excluded or limited by applicable law.

Subject to the above, our liability to you under these Sale Terms will not exceed:
(a) for Product purchases, the value of the Product(s) purchased by you which are the subject of the claim; or
(b) for e-Card purchases, the balance on the e-Card at the time of your claim.

  1. Events outside our control
    We shall not be liable for delays or failures to perform our obligations due to events outside our reasonable control. Examples of these events include but are not limited to labor disputes, strikes, industrial action, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war or threat or preparation for war, acts of God, epidemics or pandemics, supply chain disruptions, malicious damage, accidents, failure of public or private telecommunications networks, impossibility of the use of shipping, aircraft, motor transport or other means of public or private transport or compliance with any laws or government orders.

If an event outside of our reasonable control takes place that affects our performance of our obligations to you:
(a) we will let you know as soon as reasonably possible; and
(b) our obligations are suspended and the time for performance of our obligations shall be extended for the duration of such an event.
Where the event affects our delivery of Products to you, we will arrange a new delivery date with you after the event is over.

  1. Customer service / Complaints handling
    We will do our best to resolve any complaints or disputes relating to Product purchases or these Sale Terms. If you have any complaints or disputes, please attempt to resolve it with us informally by contacting us via the contact page. As discussed in Section 14 below, you are required to first submit any complaints or disputes to us, and allow us a reasonable opportunity to resolve such disputes informally, before any formal proceedings may be initiated.

  2. Changes to these Sale Terms
    You agree that we may revise these Sale Terms from time to time without prior notice to you. Any revisions to these Sale Terms will be reflected on this page. If the revisions are material and may affect you adversely, we may notify you of these changes via e-mail if we have your e-mail address.

The Sale Terms in force at the time you place your order serve as the transaction contract between Hug Sleep and you and govern our supply of the Products to you. Before your next transaction, we may have changed the Sale Terms without letting you know. By completing your order at the US Store, you confirm that you have reviewed and accept the Sale Terms in force at the time you place your order.

  1. Governing law and dispute resolution
    Please read this Section (Arbitration Agreement) carefully. It is part of your contract with Hug Sleep and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

A. Applicability of Arbitration Agreement. Subject to the terms of this Arbitration Agreement, except as specifically excluded in Section 14(G) (Exclusions from Arbitration) below, you, or anyone purchasing Products or otherwise acting on your behalf, and Hug Sleep, and any of its current or former affiliates, including parents or subsidiaries, and any predecessor or successor entity, agree that any dispute, claim or disagreement arising out of or relating in any way to your access to or use of the US Store, or your relationship with Hug Sleep, any communications you receive from Hug Sleep or its representatives, any Products purchased, sold, or distributed through the US Store or these Sale Terms, prior versions of these Sale Terms and all other terms incorporated herein, including claims and disputes that arose between you and us before the effective date of these Sale Terms and any disputes regarding the scope or validity of this Arbitration Agreement (each, a Dispute) will be resolved exclusively by binding arbitration, rather than in court. For purposes of this Arbitration Agreement, “Dispute” will also include disputes that arose or involve facts occurring before the existence of this or any prior versions of these Sale Terms, including any other terms, as well as claims that may arise after the termination of these Sale Terms or any other terms. The term “Dispute” is intended to be given the broadest possible meaning that will be enforced. If you have a Dispute that cannot be resolved through negotiation within the time frame described in Section 14(B) (Informal Dispute Resolution) below, you and we agree to seek resolution of the Dispute only through arbitration of that Dispute in accordance with the terms of this Section, and not litigate any Dispute in court, except for those matters listed in Section 14(G) (Exclusions from Arbitration) below. Arbitration means that the Dispute will be resolved by a neutral arbitrator instead of in a court by a judge or jury. Your agreement to arbitrate survives your, or our, termination of your access to the US Store.

B. Informal Dispute Resolution. If a Dispute arises, Hug Sleep is committed to working with you to reach a reasonable resolution. You and Hug Sleep agree that good faith informal efforts to resolve Disputes can result in a prompt, low‐cost and mutually beneficial outcome (Informal Dispute Resolution). You and Hug Sleep therefore agree that before either party commences arbitration against the other (or initiates an action in small claims court if a party so elects), each party will act in a good faith effort to resolve informally any Dispute covered by this Arbitration Agreement.

For all Disputes, whether pursued in arbitration or small claims court, you must first send a written description of your Dispute to allow us an opportunity to resolve the dispute (Notice). Your Notice should be sent by email to Support@hugsleep.com or regular mail to our offices located at 17145 W Bluemound Rd STE J-168 Brookfield WI 53005-5947 USA. The Notice must include: (1) your full name, telephone number, mailing address, e‐mail address associated with your purchase or/and account (if you have one); (2) the name, telephone number, mailing address and e‐mail address of your counsel, if any; (3) a description of your Dispute; and (4) the resolution sought (together, the Required Information). This Required Information is necessary to give Hug Sleep sufficient information to address your dispute. If your Notice does not contain all of the Required Information (or an explanation of why you are unable to include any of the Required Information), then the Notice shall be without effect, and must be re-sent before any arbitration or other legal action can be initiated against Hug Sleep. You and we each agree to negotiate your Dispute in good faith. You may request arbitration if your Dispute cannot be resolved within sixty (60) days of our receipt of the Notice. Engaging in the Informal Dispute Resolution process described herein is a condition precedent and requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the Informal Dispute Resolution process required by this Section.

C. Rules and Forum. The Sale Terms and/or the purchase of Products on the US Store evidence a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement and any arbitration proceedings.

If the Informal Dispute Resolution process described above does not resolve the Dispute satisfactorily within sixty (60) days after receipt of the Notice by the receiving party, then, and only then, you and Hug Sleep agree that either party may initiate an arbitration, by making a written demand to the other for arbitration with the American Arbitration Association (AAA). Should the AAA decline to administer the arbitration or otherwise be unable to administer the arbitration for any reason, you agree that Hug Sleep shall select an alternative arbitration forum, and that you will agree in writing to administration of the arbitration by the alternative arbitration forum selected by Hug Sleep. The arbitration will be administered in accordance with the Consumer Arbitration Rules (the AAA Rules) then in effect, except as modified by this Section of this Arbitration Agreement. The AAA Rules are currently available at
https://www.adr.org/sites/default/files/Consumer%20Rules.pdf.

Any hearing will be conducted virtually unless the arbitrator determines that a party’s right to a fundamentally fair process would be impaired without an in-person hearing. In the case of an in-person hearing, such hearing will take place in Milwaukee, Wisconsin, or the county and state where you live (unless you and we agree differently). You agree that, in the event of an in-person hearing, any Hug Sleep employee or affiliate who is based outside of the United States and who is participating in the hearing, may participate by telephone or video conference, and his or her physical presence shall not be required. For claims under $25,000, the arbitration will not involve any personal appearance by the parties or witnesses but will instead be conducted based solely on written submissions, unless you request a hearing and the arbitrator determines that such an appearance is required.

Subject to the AAA Rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of the arbitration. Ordinarily, pre-hearing information exchanges will be limited to the reasonable production of non-privileged documents directly relevant to the Dispute. Unless the arbitrator determines that an additional form of information exchange is necessary to provide for a fundamentally fair process, those documents will be limited to your Hug Sleep account history and communications directly related to your purchases of Products from through your Hug Sleep account. Any issues regarding discovery, or the relevance or scope thereof, shall be determined by the arbitrator, and the arbitrator’s determination shall be conclusive. You and Hug Sleep agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties’ attorneys, accountants, or business advisors, and then subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential. All arbitration proceedings shall also be confidential, and neither party may disclose the existence, content, or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award.

D. Arbitrator. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Delaware and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within thirty-five (35) days, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

E. Arbitration Award. The arbitrator shall have the authority to grant motions dispositive of all or part of any Dispute. The arbitrator will have the power to award declaratory or injunctive relief, whether interim or final, only in favor of the party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim and without affecting other Customers. The arbitrator shall issue a reasoned written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award may be appealed pursuant to the AAA’s Optional Appellate Arbitration Rules (Appellate Rules), and shall not be considered final until after the time for filing the notice of appeal pursuant to the Appellate Rules has expired. Appeals must be initiated within thirty (30) days of receipt of an award, as defined by Rule A-3 of the Appellate Rules, by filing a Notice of Appeal with any AAA office. Following the appeal process, the decision rendered by the appeal tribunal may be entered in any court having jurisdiction thereof. Absent appeal, the award of the arbitrator will be final and binding upon you and us. Judgment on the arbitration award may be entered in any court having jurisdiction. Nothing in this Section will prevent you from seeking public injunctive relief separately from arbitration in court, and any such application will not be deemed incompatible with the agreement to arbitrate. You and we agree that any claims for damages must be heard in arbitration first, with any claims seeking a remedy of public injunctive relief in court proceeding only after the arbitration of all arbitrable Disputes, and will be stayed pending the outcome of the arbitration pursuant to section 3 of the Federal Arbitration Act. If you file a lawsuit in court seeking public injunctive relief before proceeding with an individual arbitration for damages, you will be waiving your right to seek damages from Hug Sleep.

F. Attorneys’ Fees and Costs. Your responsibility to pay any AAA fees and costs will be solely as set forth in the applicable AAA Rules. The parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Request was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). If you or Hug Sleep need to invoke the authority of a court of competent jurisdiction to compel arbitration, then the party that obtains an order compelling arbitration in such action shall have the right to collect from the other party its reasonable costs, necessary disbursements, and reasonable attorneys’ fees incurred in securing an order compelling arbitration. The prevailing party in any court action relating to whether either party has satisfied any condition precedent to arbitration, including the Informal Dispute Resolution process, is entitled to recover their reasonable costs, necessary disbursements, and reasonable attorneys’ fees and costs.

G. Exclusions from Arbitration. You and we each agree that the following causes of action and/or claims for relief are exceptions to the Disputes covered by the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction (as outlined in this Arbitration Agreement): (i) any claim or cause of action alleging actual or threatened regarding the infringement, protection or validity of your, our or our licensors' intellectual property, trade secrets or copyright, trademark or patent rights; (ii) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); (iii) a request for the remedy of public injunctive relief, where such remedies are permitted and cannot be waived by applicable law; and (iv) all Disputes arising out of or relating to Section 14(I) (Waiver of Class and Other Non-Individualized Relief) below, including any claim that all or part of Section 14(I) (Waiver of Class and Other Non-Individualized Relief) is unenforceable, illegal, void or voidable, or that such Section has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator. In addition, to the extent your claim or Dispute qualifies under applicable law, you may elect to proceed in small claims court.

H. Waiver of Jury Trial. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT, RATHER THAN IN ARBITRATION, YOU AND HUG SLEEP HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Hug Sleep are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 14(A) (Applicability of Arbitration Agreement) above. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

I. Waiver of Class and Other Non-Individualized Relief. YOU AND HUG SLEEP AGREE THAT, EXCEPT AS SPECIFIED IN THIS SECTION 14, EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Notwithstanding anything to the contrary in this Arbitration Agreement, if a court decides by means of a final decision, not subject to any further appeal or recourse, that the limitations of this Section 14(I) (Waiver of Class and Other Non-Individualized Relief) are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and Hug Sleep agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the state or federal courts located in the State of Delaware. All other Disputes shall be arbitrated or litigated in small claims court. This Section 14(I) (Waiver of Class and Other Non-Individualized Relief) does not prevent you or Hug Sleep from participating in a class-wide settlement of claims. Upon motion of one or more interested parties, and after providing all other interested parties an opportunity to be heard, the arbitrator may, at their discretion, coordinate more than one arbitration proceeding initiated under this Arbitration Agreement, in order to promote efficiency in discovery and to avoid inconsistent legal rulings. In the interest of clarity, any coordination under the preceding sentence will be limited only to currently-pending arbitrations initiated under this Arbitration Agreement, and the arbitrator may not preside over any form of a representative or class proceeding. All parties will retain the right to request an individualized hearing.

J. 30-Day Right to Opt Out. If you do not wish to be bound by this Arbitration Agreement and/or class action waiver, you have the right to opt out of its provisions by sending written notice of your decision to opt out to: 17145 W Bluemound Rd STE J-168 Brookfield WI 53005-5947 USA, or e-mail to support@hugsleep.com, within thirty (30) days after first becoming subject to this Arbitration Agreement (the Opt-Out Deadline). Your notice must include your full name and address, the e‐mail address associated with your purchase or/and account (if you have one).

K. Invalidity, Expiration. Except as provided in Section 14(I) (Waiver of Class and Other Non-Individualized Relief), if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect. You further agree that any Dispute that you have with Hug Sleep as detailed in this Arbitration Agreement must be initiated via arbitration within the applicable statute of limitation for that claim or controversy, or it will be forever time barred. Likewise, you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction.

L. Modification. We may amend these Sale Terms and/or this Arbitration Agreement at any time, and such amendments will become effective once they are posted. Unless you reject the change within thirty (30) days of such change becoming effective, by writing to Hug Sleep at 17145 W Bluemound Rd STE J-168 Brookfield WI 53005-5947 USA, your continued use of the US Store, including the purchase of products offered on the US Store following the posting of changes to these Sale Terms or to the Arbitration Agreement, constitutes your acceptance of any such changes. Changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of the Arbitration Agreement if you have previously agreed to a version of the Arbitration Agreement and did not validly opt out of arbitration. If you reject any change or update to this Arbitration Agreement, and you were bound by an existing agreement to arbitrate Disputes arising out of or relating in any way to your access to or use of the US Store, any communications you receive, any products purchased, sold or distributed through the US Store or these Sale Terms, the provisions of the Arbitration Agreement as of the date you first accepted these Sale Terms (or accepted any subsequent changes to these Sale Terms) remain in full force and effect. Hug Sleep will continue to honor any valid opt outs of the Arbitration Agreement that you made to a prior version of this Arbitration Agreement.

  1. Other important terms
    Unless stated otherwise, these Sale Terms set out all of the terms and conditions agreed upon between us as to the sale and purchase of Products on our US Store and supersedes and extinguishes all previous proposals, agreements, representations and undertakings between us, whether written or oral, relating to this subject matter.

In the event of any inconsistency between these Sale Terms, the Terms of Use and the Privacy Notice, these Sale Terms shall prevail.

These Sale Terms shall be governed by and construed in accordance with the laws of Delaware, USA.

The Sales Contract is between you and Hug Sleep. We may transfer our rights and obligations under a Sales Contract to another organisation. Such a transfer will not affect your rights or our obligations under these Sale Terms.

Each of the paragraphs of these Sale Terms operates separately. If one or more of these terms is held to be invalid, illegal or unenforceable by a competent authority, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable and the remaining terms shall continue to be valid and enforceable.

If we fail to insist that you perform any of your obligations under these Sale Terms, or if we delay enforcing our rights, that will not mean that we have waived our rights against you. You must continue to perform your obligations even under these circumstances and we will be entitled to exercise our rights and remedies at a later stage. Any waiver by us will only be done expressly in writing. Any waiver by us of your breach does not mean that we will automatically waive another breach by you.

 

 

Mobile Terms of Service
Hug Sleep
Last updated: Nov. 6, 2023

The Hug Sleep mobile message service (the "Service") is operated by Hug Sleep (“Hug Sleep”, “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 Hug Sleep’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Hug Sleep 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. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). 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 Hug Sleep. 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 +18337161960 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 Hug Sleep 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, email support@hugsleep.com.

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.