Terms and Conditions

THE TERMS AND CONDITIONS SET FORTH ON THIS FORM (THE ‘TERMS’), IN THE INSTRUCTIONS FOR USE AND CARE DELIVERED WITH ANY PRODUCT AND ANY WRITTEN AGREEMENT EXECUTED BY BUYER AND SLEEPING WELL, (‘‘LLC AGREEMENT”) CONSTITUTE THE ENTIRE AGREEMENT BETWEEN SLEEPING WELL, LLC D/B/A ZQuiet, BY AND ON BEHALF OF ITS SUBSIDIARIES AND AFFILIATES, (“ZQuiet”) AND BUYER (“BUYER”). ZQuiet WILL NOT BE BOUND BY ANY ADDITIONAL OR DIFFERENT TERMS ON BUYER’S ORDER OR OTHER DOCUMENTS THAT ARE INCONSISTENT WITH THESE TERMS. ACCEPTANCE BY BUYER OF THESE TERMS MAY BE MADE BY 1) WRITTEN ACCEPTANCE, 2) USE OF ZQuiet’s ONLINE OR TELEPHONE ORDERING SYSTEM OR 3) RECEIPT BY BUYER OF DELIVERY OF ANY PRODUCTS FROM ZQuiet, WHICHEVER FIRST OCCURS.

ORDERS

Buyer will submit orders for products and services through ZQuiet’s online ordering system for anti-snoring devices, located on the World Wide Web at ZQuiet.com or by ZQuiet’s telephone ordering system. These Terms apply to all orders for products and services accepted by ZQuiet. Acceptance of Buyer’s order by ZQuiet will be made only on the express understanding and condition that insofar as these Terms conflict with any terms and conditions in Buyer’s order, these Terms shall govern. No order shall be binding upon ZQuiet until ZQuiet sends Buyer confirmation of such order through electronic mail, facsimile, or other written communication.

Prices, Taxes, Payment

All prices quoted, all orders accepted, and all billings rendered are exclusive of all federal, state and local withholding, excise, sales, use and similar taxes, fees, or charges imposed by any governmental authority on this transaction. All prices presented on the site are subject to change at any time and without notice. Buyer will reimburse ZQuiet for any such tax, fee or charge, at the time of sale or thereafter, that ZQuiet is required to pay.

Order Changes and Cancellations

Cancellations and changes to orders for products and services, and returns of products by Buyer, will be subject to ZQuiet’s then-existing cancellation policy. The cancellation policy, currently in effect at ZQuiet, is as follows: Once an order has been placed, it cannot be changed, but you may cancel your order up until the time the order is dispatched to the warehouse.

Returns and Exchanges

Returns and Exchanges of ZQuiet products by Buyer, will be subject to ZQuiet's then-existing return and exchange policy. The return and exchange policy, currently in effect at ZQuiet is the “60 Night Better Sleep Guarantee” which allows FREE RETURNS AND EXCHANGES OF ZQuiet BRAND PRODUCTS FOR ANY REASON UP TO 60 DAYS AFTER THE DATE OF PURCHASE.

Gift Card Return Policy: All gift card purchases are final and non-refundable.

TITLE, DELIVERY, AND ACCEPTANCE

All sales of products are made F.O.B. the shipping point. Buyer will be responsible for all applicable shipping and insurance charges incurred. Title and risk of loss of or damage to the products shall pass to Buyer on the date the products are delivered to a common carrier at the shipping point.

SECURITY INTEREST

Until full payment has been received, ZQuiet reserves a purchase money security interest in the products sold.

USE OF PRODUCTS

The products sold by ZQuiet are not intended for human consumption. Buyer acknowledges that the products may not have been tested for safety and efficacy in commercial use.

INDEMNITY

Buyer shall indemnify, defend, and hold harmless ZQuiet and its employees, agents, successors, officers, managers, members and assigns, from any suits, losses, claims, demands, liabilities, costs and expenses.

WARRANTIES AND DISCLAIMERS

Manufacturer’s Warranty and Disclaimers.

The availability of products or services not manufactured by us but offered through our Site does not indicate an affiliation with or endorsement of any product, service or manufacturer.

All products and services manufactured by us and offered through our Site are subject to a limited product warranty.

THIS LIMITED WARRANTY STARTS ON THE DATE OF YOUR PURCHASE OF THE PRODUCT AND/OR SERVICE AND LASTS FOR NINETY DAYS.

LIMITATION OF LIABILITY

ZQuiet SHALL NOT BE LIABLE FOR COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, NOR FOR ANY LOSS OF BUSINESS, LOSS OF USE OR OF DATA, INTERRUPTION OF BUSINESS, LOST PROFITS OR GOODWILL.

Third Party Terms of Use

Certain services and products offered on this website may utilize the services and/or products of Third-Party vendors and/or Business Partners.

GENERAL

ZQuiet reserves the right to modify any programs, policies, information, products and services offered by ZQuiet or contained on ZQuiet’s website at any time and without notice to Buyer.

Specific Provisions Regarding Use of ZQuiet’s Website

ACCESS AND USE OF INFORMATION

Access to this site is limited to viewing the linked pages solely for legitimate business purposes to access the information provided by ZQuiet at this site.

ACCURACY OF INFORMATION

The information on ZQuiet’s website is believed to be complete and reliable; however, the information may contain typographical errors.

TRADEMARKS

ZQuiet’s website contains many ZQuiet and third-party trademarks and service marks.

COPYRIGHT

All materials contained on ZQuiet’s website are subject to the ownership rights of Sleeping Well, LLC and its suppliers.

SUBMISSIONS

All remarks, suggestions, ideas, graphics or other information communicated to ZQuiet will forever be the property of ZQuiet.

QUESTIONS REGARDING TERMS AND CONDITIONS

Any questions regarding ZQuiet‘s Terms and Conditions should be directed to ZQuiet at contact@zquietstore.com.