TERMS OF SALE

ARTICLE 13A - TERMS OF SALE

1. Important Notice

This section contains essential information about your rights and obligations. By placing an order through our website, you accept and agree to be bound by these Terms of Sale.

You may not purchase from our website if you: (a) do not agree to these terms,
(b) are under 18 years of age or not legally able to form a binding contract, or
(c) are prohibited from using our website or purchasing our products by applicable law.

These Terms of Sale apply to all purchases made via the FitSleeps website (the “Site”) and may be updated from time to time. You are responsible for reviewing the most current version before placing an order.

2. Order Acceptance and Cancellation

Your order is an offer to purchase our products under these terms. We reserve the right to reject or cancel any order at our discretion. A contract between you and FitSleeps is only formed once you receive a confirmation email from us.

3. Prices and Payment

(a) Price Changes & Accuracy
Prices are shown in your selected currency and may change without prior notice. Shipping fees are added during checkout. We are not liable for pricing errors and reserve the right to cancel any affected orders.

(b) Payment Terms
Payment is required at the time of purchase. We accept Visa, MasterCard, American Express, PayPal, Klarna, and other methods available at checkout. You represent that your payment details are accurate and that you are authorized to use the selected method.

4. Shipping, Delivery, Title and Risk

(a) Shipping & Handling
We arrange delivery via third-party couriers. Shipping costs and estimated delivery dates are shown during checkout.

(b) Risk Transfer
Risk of loss and title transfers to you once your order is handed to the carrier. We are not liable for delays due to courier errors or customs clearance.

5. Returns and Refunds

You may return eligible products within 14 days after delivery. Returns must be in original condition. Instructions are provided in our Refund Policy.

  • Return shipping is your responsibility unless stated otherwise.

  • Refunds are processed within 5–10 business days after receipt and inspection.

  • Products marked as non-returnable are not eligible.

We reserve the right to refuse returns that do not meet our conditions or charge a restocking fee.

6. Warranty Disclaimer

FitSleeps products are sold "as is." Unless explicitly stated, no warranty is provided. Any applicable limited warranties are detailed per product. We do not cover damages from misuse, modification, wear and tear, or third-party chargers.

7. Limitation of Liability

To the fullest extent permitted by law, FitSleeps and its affiliates are not liable for indirect, incidental, punitive, or consequential damages. Our total liability is limited to the price paid for the product.

Some jurisdictions may not allow such limitations; in that case, liability is limited to the minimum required by applicable law.

8. Not for Resale or Export

Products are for personal use only. Resale, export, or redistribution without written approval is prohibited.

9. Force Majeure

We are not responsible for delays or failure caused by circumstances beyond our control (e.g. war, natural disasters, pandemic, strikes, customs delays, etc.).

10. Governing Law and Jurisdiction

These Terms are governed by the laws of The Netherlands. Any legal action must be brought in the courts of Amsterdam unless mandatory local law applies.

11. Dispute Resolution and Arbitration

(a) Informal Resolution
Before starting formal proceedings, please email us at support@fitsleeps.com to resolve disputes informally.

(b) Binding Arbitration
If a dispute cannot be resolved within 60 days, both parties agree to resolve it via individual binding arbitration under the Netherlands Arbitration Institute (NAI). Class actions are not permitted.

(c) Opt-Out Option
You may opt out of arbitration within 30 days of purchase by contacting legal@fitsleeps.com.

(d) Small Claims Exception
You may bring a claim in small claims court for eligible disputes if you proceed individually.

12. Notices

All notices must be sent via email to support@fitsleeps.com. We may contact you using the email address provided in your order.

13. Entire Agreement

These Terms of Sale, together with our Terms & Conditions, Privacy Policy, Shipping Policy, and Refund Policy, constitute the entire agreement between you and FitSleeps regarding your purchase and supersede all prior or contemporaneous communications, whether oral or written.

For any questions regarding the Terms of Sale, please contact us at support@fitsleeps.com.

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