Terms of Service

Effective Date: July 2026

Agreement to Terms

Welcome to Sleepsters! These Terms of Service ("Terms") govern your use of https://sleepsters.com (the "Site") operated by Business Growth Architects s.r.o., trading as Sleepsters ("Company," "we," "us," or "our"). By accessing or using our Site and purchasing products, you agree to be bound by these Terms.

Please read these Terms carefully before using our Site or making a purchase. If you do not agree with any part of these Terms, you may not access the Site or purchase products.

Eligibility

By using this Site, you represent that:

• You are at least 18 years of age, or the age of majority in your jurisdiction
• You have the legal capacity to enter into a binding agreement
• You are not prohibited from using our Site under applicable laws

Account Registration

When you create an account with us, you agree to provide accurate, current, and complete information, maintain the security of your password and account, accept responsibility for all activities under your account, and notify us immediately of any unauthorized use.

We reserve the right to suspend or terminate accounts that violate these Terms or engage in fraudulent activity.

Products and Orders

Product Information

We strive to display our products accurately, including descriptions, images, and pricing. However:

• Colors may vary slightly due to monitor settings and photography
• We reserve the right to correct errors in product descriptions or pricing
• Product availability is subject to change without notice
• We reserve the right to modify product specifications, suppliers, or sourcing without notice

Placing Orders

When you place an order, you are making an offer to purchase. We may accept or decline your order at our discretion. An order is not accepted until we send you an order confirmation email.

We reserve the right to limit quantities, cancel orders placed by dealers or resellers, cancel orders where pricing errors have occurred, and refuse service to anyone for any reason.

Order Fulfillment

We work with third-party fulfillment partners to ship products directly to you. Products are shipped from various fulfillment locations worldwide. While we strive to provide accurate shipping estimates, delivery times may vary based on your location, product availability, customs processing, and carrier performance. Estimated delivery times are not guaranteed.

Pricing

All prices are displayed in AUD (Australian Dollars) unless otherwise noted. Prices are subject to change without notice. Shipping costs are additional and calculated at checkout. For international orders, you are solely responsible for all customs duties, import taxes, VAT, and any other fees imposed by your country's authorities.

Payment

We accept various payment methods as displayed at checkout. By providing payment information, you represent that you are authorized to use the payment method. All payments are processed securely through our payment processors (such as Shopify Payments, PayPal, and Stripe). We do not store your complete payment card information.

Shipping and Delivery

Please refer to our Shipping Policy for detailed information about shipping methods, estimated delivery times, and international shipping.

Important: Estimated delivery times are estimates only and are not guaranteed. We are not responsible or liable for delays caused by shipping carriers, customs processing, weather events, or other circumstances beyond our control. Risk of loss and title for products pass to you upon delivery to the carrier.

Returns and Refunds

Please refer to our Refund and Returns Policy for complete information about returns, exchanges, and refunds.

Product Use and Disclaimers

Not Medical Devices

IMPORTANT: Our sleep earplugs and accessories are consumer products designed for personal comfort and sleep improvement. They are NOT medical devices and are not intended to diagnose, treat, cure, or prevent any medical condition or disease. They are not therapeutic goods and are not regulated by the Therapeutic Goods Administration (TGA) as medical devices.

Assumption of Risk

By purchasing and using our products, you acknowledge and accept that:

• You use all products at your own risk
• You are responsible for determining whether products are suitable for your needs
• You will follow all product care and usage instructions
• Individual results may vary and are not guaranteed

Safety Warnings

• Do not use earplugs if you need to hear alarms, smoke detectors, alerts, or other important safety sounds
• Consult a healthcare professional before use if you have ear conditions, ear infections, or concerns about ear health
• Follow product-specific care and usage instructions
• Keep products away from small children to prevent choking hazards
• Discontinue use immediately if you experience discomfort, pain, irritation, or hearing changes
• Do not use damaged products

Results Disclaimer

Individual results may vary significantly. While many customers experience improved sleep, we cannot and do not guarantee specific outcomes. Sleep quality depends on many factors beyond our products.

Disclaimer of Warranties

Australian Consumer Law: Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy under the Australian Consumer Law (or any other applicable consumer protection law) that cannot lawfully be excluded, restricted or modified. The disclaimers and limitations in these Terms apply only to the extent permitted by law.

Subject to the above, ALL PRODUCTS AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

We expressly disclaim all warranties, including but not limited to:

• IMPLIED WARRANTIES OF MERCHANTABILITY
• FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT
• WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT
• WARRANTIES THAT PRODUCTS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS

We do not warrant that products will be error-free, that defects will be corrected, or that products will achieve any particular results. Any warranty that cannot be disclaimed under applicable law is limited to the minimum period and scope permitted by law.

Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BUSINESS GROWTH ARCHITECTS S.R.O. AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND FULFILLMENT PARTNERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL
• PERSONAL INJURY OR PROPERTY DAMAGE
• LOSS OF USE OR INTERRUPTION OF BUSINESS
• COST OF SUBSTITUTE PRODUCTS OR SERVICES
• ANY DAMAGES ARISING FROM YOUR USE OR INABILITY TO USE OUR PRODUCTS OR SITE
• ANY DAMAGES ARISING FROM SHIPPING DELAYS, LOST PACKAGES, OR CUSTOMS ISSUES

OUR TOTAL CUMULATIVE LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS, YOUR USE OF THE SITE, OR ANY PRODUCTS PURCHASED SHALL NOT EXCEED THE AMOUNT YOU ACTUALLY PAID FOR THE SPECIFIC PRODUCT(S) GIVING RISE TO THE CLAIM.

These limitations apply regardless of the theory of liability and even if we have been advised of the possibility of such damages.

Indemnification

You agree to indemnify, defend, and hold harmless Business Growth Architects s.r.o., its officers, directors, employees, agents, suppliers, and fulfillment partners from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from your use or misuse of our Site or products, your violation of these Terms, your violation of any third-party rights, or any User Content you submit.

Force Majeure

We shall not be liable for any failure or delay in performing our obligations where such failure or delay results from circumstances beyond our reasonable control, including but not limited to: natural disasters, pandemics, war or civil unrest, government actions, shipping carrier delays or failures, customs delays or seizures, supplier or fulfillment partner delays, labor disputes, power outages, internet failures, or any other events beyond our reasonable control. In such events, our obligations will be suspended for the duration of the force majeure event.

Intellectual Property

All content on this Site, including text, images, logos, graphics, and software, is the property of Business Growth Architects s.r.o. or our licensors and is protected by intellectual property laws. You may not copy, modify, distribute, or use our content or trademarks without authorization.

User Content

If you submit reviews, comments, or other content ("User Content"), you grant us a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license to use, reproduce, modify, adapt, publish, translate, and display such content in any media. You agree not to submit content that is false, defamatory, infringing, obscene, or violates applicable laws.

Prohibited Activities

You agree not to use the Site for any unlawful purpose, attempt to gain unauthorized access to our systems, interfere with the Site's operation, transmit viruses or harmful code, collect user information without consent, use the Site to compete with us, make false or fraudulent orders, or circumvent any security measures.

Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Czech Republic, without regard to its conflict of law principles. Any disputes arising from these Terms or your use of our Site shall be subject to the exclusive jurisdiction of the courts of the Czech Republic.

Dispute Resolution

Before initiating any formal legal proceedings, you agree to first contact us to attempt to resolve any dispute informally. Please email us at contact@sleepsters.com with a detailed description of your concern, and we will work in good faith to resolve it within 30 days. If we cannot resolve a dispute informally, any legal proceedings will be conducted in accordance with the Governing Law and Jurisdiction section above.

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

Entire Agreement

These Terms, together with our Privacy Policy, Cookie Policy, Shipping Policy, and Refund Policy, constitute the entire agreement between you and Business Growth Architects s.r.o. regarding your use of our Site and purchase of our products.

Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to the Site with an updated effective date. Your continued use of the Site after changes constitutes acceptance of the modified Terms.