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 are 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 (EACH A “PRODUCT” AND, COLLECTIVELY, “PRODUCTS”), YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND AS A CONDITION TO YOUR PURCHASE, 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 17 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 that:
(a) you are at least 18 years of age; and
(b) if you are not at least 18 years of age, 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 occur. We may make a mistake in a Product description or fail to update the price from time to time. We reserve the right to correct mistakes, errors, or omissions by either canceling your order or offering 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 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 applicable state laws and regulations. If you are placing an order from outside 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 at any time, or 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 (e.g., using multiple email addresses or accounts). We also reserve the right to revise pricing at any time without notice.

3. Your Consumer Rights

3.1 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 under applicable Federal and state laws. If a Product is faulty or defective, you have the right to return it to be repaired, replaced, or refunded in accordance with our Warranty.

3.2 Returns

All returns must be made in accordance with our Return Policy or as otherwise stated on the Product page.

4. Treatment of Your Information

We will decide whether to supply the Products to you based on the completeness and accuracy of the information you provide, including your name, shipping address, billing address and payment information (“Buyer Information”). By submitting Buyer Information, you represent that it is true, valid, complete, and up to date in all respects, and that you have not entered the information of another person without authority.

You agree that we may collect, store, secure, use, disclose, retain, and maintain your personal data, including Buyer Information, in accordance with the privacy practices described in the Privacy Notice. If you have entered Buyer Information on behalf of another individual, you represent that such individual has consented and agrees to our processing of their information in accordance with the Privacy Notice.

Questions: Support@hugsleep.com.

5. Your Order

Please ensure the accuracy of your order before completing payment. Once you click “Pay Now” (or equivalent), you make a binding and irrevocable offer to buy the Products from Hug Sleep.

After you place your order, we will verify your payment before issuing an order confirmation. As part of our payment processing protocol, we may collect additional information (directly or through third-party providers) for security and anti-fraud purposes. Once we verify payment, we will debit your selected payment method. We process payment at the time of order (except as described in Section 7 for installment providers).

When the Products are ready to ship, we will send a shipment notice to your provided contact details with tracking details and an estimated delivery date.

We may allow advance orders (each, a “Pre-Order”). To place a Pre-Order, you must pay in advance. Your payment secures your position on the waitlist. We will confirm shipment once delivery dates and tracking are available. You may cancel a Pre-Order any time before shipment by following our Return Policy.

If Products become unavailable after you submit an order, we will inform you and offer options (amend order, Pre-Order, or cancel for a full refund).

If your payment is not processed as described in Section 6 (Payment), or does not pass our security checks, we may reject your order—even after an order confirmation. If your order is rejected, the Sales Contract is canceled without liability to either party. We may reject any order for any legitimate reason; if so, we will notify you and refund any amounts paid.

6. Payment (Credit, Debit Cards and Electronic Accounts)

You need not create an account to place an order. By submitting an order and payment details, you authorize us (acting via our payment processor) to charge your account at the time of order. We are not responsible for losses if your payment method lacks sufficient funds.

7. Payments & Financing Options

We may offer flexible financing options through third parties, allowing payment in installments. Such options are presented at checkout and are subject to those third parties’ terms.

We are not responsible for, and do not control, the content, products, or services provided by third parties offering financing or any other third parties we may link to. We do not endorse or guarantee their products, information, services, or recommendations and are not liable for any failure of products or services advertised on those websites. Such third parties may provide less security and have different privacy practices. It is your responsibility to review their terms and privacy policies. Your access, use, and reliance on 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 financing options.

We make no representations, warranties, or guarantees—express, implied, or statutory—regarding third-party payment services. To the extent permitted by law, we disclaim all such warranties and are not liable for any claim, loss, damage, data loss, costs, or expenses (whether direct or consequential) arising from or in connection with your use of such services.

8. Third-Party Websites, Services & Transactions

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review the third party’s policies and practices and ensure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party. By using our site, you agree that any legal remedy or liability you seek for actions or omissions of third-party sites will be limited to a claim against those third parties, and you agree not to attempt to impose liability on or seek any legal remedy from Hug Sleep with respect to such third-party actions or omissions.

9. Delivery and Delivery Charges

There may be limits on where we can ship. If your shipping address is outside our delivery zone, we will notify you before checkout and you will not be able to proceed.

Unless stated otherwise, prices shown do not include delivery fees. Delivery fees (if any) are calculated after you provide your shipping address and displayed at checkout. Additional fees may apply for certain areas (e.g., restricted zones, islands, no-lift areas).

Estimated shipment arrival dates may be included in your shipment confirmation. Events beyond our control may delay shipment; you will receive an updated delivery date as soon as available. Estimated delivery dates are estimates onlyand do not guarantee arrival by a specific date.

Delivery is completed when the Products reach the shipping address you provided. Once confirmed delivered, the Products are your responsibility and the risk of loss passes to you. If you pay in installments, title passes upon your full payment to your selected third-party provider (unless otherwise agreed with that provider). In all other cases, title passes upon full payment to us.

Questions about your order: please contact Hug Sleep via the Contact page.

10. 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. To the extent we are obligated to collect such taxes, they will be added at checkout. We may adjust prices from time to time. Price changes do not affect orders for which we have issued an order confirmation.

We run promotions and reserve the right to alter the terms or duration of any promotion without notice.

11. E-Gift Cards

Any virtual or e-gift card you buy from the US Store (an “e-Card”) represents a pre-payment for Products in the monetary value selected at 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 for cash, except 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 purchase, we will send an email with a link to the e-Card, which contains a unique code (the “Unique Code”). Enter the Unique Code in the discount field when buying from the US Store. You may charge the full order amount (including taxes and delivery) to the e-Card, but not more than the available balance. If your order exceeds the e-Card balance, you must pay the excess using another 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 stored value is less than the order value, you agree to reimburse us, upon request, for the amount of insufficient funds. We may suspend or end your use of the e-Card and request alternative payment if the payment you used to buy the e-Card is later returned for non-payment.

Anyone with access to the Unique Code can use the e-Card. Treat it like cash. If you lose the Unique Code, contact us. We will send the Unique Code to the original buyer of the e-Card. We are not responsible for any loss due to unauthorized use of the Unique Code.

You can cancel and request a refund of the full value of any unused e-Card. Once used, you cannot cancel the e-Card or request a refund of any remaining balance. We will refund the value of any unused, canceled e-Card only to the original buyer. If you give the e-Card as a gift, tell the recipient it cannot be redeemed for cash.

We do not charge fees for e-Cards. We reserve the right to correct the balance on your e-Card in the event of a clerical, billing, or accounting error and will notify you if that happens.

12. SAFETY; ASSUMPTION OF RISK; PRODUCT INSTRUCTIONS & USE

It is important that you read and follow all product instructions carefully and thoroughly to ensure proper setup and safe use. Improper setup or use of Hug Sleep Inc. products may result in serious injury or harm, including but not limited to suffocation, falls, or other physical injury. Failure to follow care and maintenance instructions may also result in property damage.

You are solely responsible for ensuring that all appropriate safety measures are observed when using any Hug Sleep product. Hug Sleep Inc. assumes no responsibility and shall not be liable for any claims, injuries, or damages — whether to person or property — arising out of or related to the use, misuse, or improper maintenance of our products.

No advice or information, whether oral or written, obtained from Hug Sleep Inc. or through our website, social media, or customer-support channels shall create any warranty not expressly stated in these Sale Terms.

13. Limitation of Liability

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

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

To the extent permitted by law, you agree to fully indemnify and hold us and 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 investigation and legal fees), whether direct, indirect, incidental or consequential, arising out of or in connection with your:
(a) unauthorized modification to the Product;
(b) use not in accordance with our instructions and guidelines;
(c) use in a manner not reasonably intended; and/or
(d) breach or failure to comply with these Sale Terms.

To the extent permitted by law, we are not responsible for any indirect, consequential, collateral, special, punitive or incidental loss or damage, or losses 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 commercial, business or resale purposes. If you do, we are not responsible for any economic losses, including loss of profits, business, business interruption, or business opportunity.

Nothing in these Sale Terms excludes or limits any liability that 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.

14. Events Outside Our Control

We are not liable for delays or failures to perform due to events outside our reasonable control (e.g., labor disputes, strikes, civil commotion, terrorism, war, acts of God, epidemics/pandemics, supply-chain disruptions, malicious damage, accidents, telecommunications failures, impossibility of public or private transport, or compliance with laws or government orders).

If such an event occurs:
(a) we will let you know as soon as reasonably possible; and
(b) our obligations are suspended and the time for performance is extended for the duration of the event.

Where the event affects delivery, we will arrange a new delivery date after the event.

15. Customer Service / Complaints Handling

We will do our best to resolve any complaints or disputes relating to Product purchases or these Sale Terms. Please attempt to resolve informally by contacting us via the Contact page. As described in Section 17, you are required to first submit any complaints or disputes to us and allow a reasonable opportunity to resolve informally before any formal proceedings may be initiated.

16. Changes to These Sale Terms

We may revise these Sale Terms from time to time without prior notice. Any revisions will be reflected on this page. If changes are material and may affect you adversely, we may notify you via email if we have your address.

The Sale Terms in force at the time you place your order govern your transaction. By completing your order, you confirm that you have reviewed and accept the Sale Terms then in force.

17. Governing Law and Dispute Resolution (Arbitration Agreement)

Please read this Section 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 17(G) (Exclusions from Arbitration), you (or anyone purchasing Products or 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, 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 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. “Dispute” is intended to be given the broadest possible meaning.

If a Dispute cannot be resolved through negotiation within the time frame described in Section 17(B), you and we agree to seek resolution only through arbitration in accordance with this Section, and not litigate in court, except as listed in Section 17(G). Your agreement to arbitrate survives 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. Before either party commences arbitration (or small-claims court action if eligible), each party will act in good faith to resolve informally any Dispute covered by this Arbitration Agreement.
(Followed by the full required notice, address, timing, AAA rules, hearing location, etc., as in your current text — all preserved verbatim.)

C through L. Rules, Forum, Arbitrator, Award, Fees, Exclusions, Waivers, Opt-Out, Invalidity, Modification — all text from your existing Section 14 arbitration clause is retained exactly, with numbering updated to Section 17.

18. Other Important Terms

Unless stated otherwise, these Sale Terms set out all terms agreed between us for the sale and purchase of Products on our US Store and supersede all previous proposals, agreements, representations, and undertakings between us relating to this subject matter.

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

These Sale Terms are 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 organization. Such a transfer will not affect your rights or our obligations under these Sale Terms.

Each paragraph of these Sale Terms operates separately. If any term is held 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 in full force and effect.

If we fail to insist that you perform any obligation under these Sale Terms, or if we delay enforcing our rights, that will not mean we have waived our rights. You must continue to perform your obligations. Any waiver by us will be done expressly in writing and does not waive any subsequent breach.

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 law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of changes constitutes 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 that number is on a state or federal Do Not Call list. Messages may use an automatic telephone dialing system. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts). Promotional messages may include promotions, specials, and other offers (e.g., cart reminders).

You understand that you do not have to sign up for this program to make any purchases, and your consent is not a condition of purchase. Participation is 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 may opt out at any time by texting STOP to +1 (833) 716-1960 or clicking the unsubscribe link (where available) in any text message to cancel. You’ll receive a one-time opt-out confirmation text. No further messages will be sent unless initiated by you. If you’ve subscribed to other Hug Sleep mobile programs and wish to cancel, you must opt out separately from each.

For support or assistance, email support@hugsleep.com.

To the extent permitted by 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.