Terms of Services
Welcome to SomlyLife!
The terms “we,” “our,” and “us” refer to SomlyLife. SomlyLife operates this shop and website, including all information, content, features, tools, products, and related services to provide you, as a customer, with a personalized shopping experience (hereinafter referred to as the “Services”). SomlyLife is a store powered by Shopify, which enables us to provide the Services.
The terms and conditions below, along with any related policies (the “Terms of Service” or “Terms”), describe your rights and responsibilities when using the Services.
Please read these Terms of Service carefully, as they contain important information about your legal rights and cover areas such as disclaimers and limitations of liability.
By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or the Privacy Policy, you must not use or access our Services.
SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you give us permission to allow any minors under your responsibility to use the Services on devices you own, purchase, or manage.
To use the Services—including accessing or browsing our online store, or purchasing any of the products or services we offer—you may be required to provide certain information such as your email address and billing, payment, and shipping details.
You represent and warrant that all information you provide in our store is accurate, current, and complete, and that you have all necessary rights to provide such information.
You are solely responsible for maintaining the security of your account credentials and for all activities under your account. You may not transfer, sell, assign, or license your account to another person.
SECTION 2 – OUR PRODUCTS
We strive to provide accurate representations of our products and services on our online store. However, please note that product colors or appearance may differ from how they appear on your screen due to your device type, settings, and configuration.
We do not guarantee that the appearance or quality of any products or services you purchase will meet your expectations or match their description or rendering on our online store.
All product descriptions are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any product offered to any person, geographic region, or jurisdiction on a case-by-case basis.
Due to the nature of the product (a sleep mask that comes into direct contact with the face), any item that has been opened, used, or unwrapped cannot be returned for hygiene reasons.
SECTION 3 – ORDERS
When you place an order, you are making an offer to purchase. SomlyLife reserves the right to accept or decline your order for any reason, at its sole discretion. Your order is not accepted until SomlyLife confirms acceptance.
We must receive and process your payment before your order is accepted. Please review your order carefully before submitting it, as SomlyLife may not be able to accommodate cancellation requests once an order is accepted.
If we do not accept, modify, or cancel an order, we will attempt to notify you using the email address, billing address, and/or phone number provided at the time of order.
Your purchases can only be returned or exchanged in accordance with our Refund Policy [LINK].
You represent and warrant that your purchases are for your personal or household use and not for commercial resale or export. All products are offered subject to availability. SomlyLife reserves the right not to fulfill an order if an item is out of stock.
SECTION 4 – PRICING AND BILLING
Prices, discounts, and promotions may change without notice. The price charged for a product or service will be the price in effect at the time your order is placed and will be set forth in your order confirmation email.
Unless otherwise stated, prices displayed do not include taxes, shipping and handling fees, customs duties, or import fees.
Prices displayed in our online store may differ from those offered in physical stores or other online stores operated by third parties. We may occasionally offer promotions that may affect pricing and are governed by separate terms. In the event of a conflict, the promotional terms shall prevail.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our store. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, correct, and complete; (ii) you are duly authorized to use that card; (iii) charges incurred by you will be honored by your credit card company; and (iv) you will pay all charges incurred, including shipping and handling fees and any applicable taxes.
SECTION 5 – SHIPPING AND DELIVERY
We strive to process and ship orders as quickly as possible. Average delivery times range from 6 to 12 business days from the order processing date. These times are indicative and may vary depending on the destination country, peak periods, or carrier logistics.
SomlyLife is not responsible for delivery delays caused by carriers, customs, weather, or other events beyond our control.
For international deliveries, customs duties, local taxes, or import fees may apply according to your country’s regulations. These charges are the customer’s responsibility.
Once the order has been handed over to the carrier, we will provide you with a tracking number to follow your package. We remain at your disposal in case of any delivery issue.
SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, trade names, text, displays, images, graphics, product reviews, videos, and audio, as well as the design, selection, and arrangement thereof, are the property of SomlyLife, its affiliates, or licensors and are protected by U.S. and international patent, copyright, and intellectual property laws.
These Terms grant you permission to use the Services for your personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without our prior written consent.
Except as expressly provided herein, nothing in these Terms grants or should be construed as granting any license or rights under any patent, trademark, copyright, or other intellectual property right of SomlyLife, Shopify, or any third party. Unauthorized use of the Services may violate applicable intellectual property laws. All rights not expressly granted herein are reserved by SomlyLife.
The names, logos, product and service names, designs, and slogans of SomlyLife are trademarks of SomlyLife or its affiliates or licensors. You may not use such marks without prior written permission. The name, logo, product and service names, designs, and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
SECTION 7 – OPTIONAL TOOLS
You may be provided with access to third-party tools through the Services, which we do not monitor and over which we have no control or input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the Services is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms under which the tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
The Services may contain materials or hyperlinks to websites provided or operated by third parties (including any embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites you choose to access. If you choose to leave the Services to access third-party content or websites, you do so at your own risk.
We are not liable for any harm or damages related to your access to third-party websites, or to the purchase or use of goods, services, resources, or content from those websites. Please carefully review the policies and practices of third parties and ensure you understand them before engaging in any transaction. Any complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
[MERCHANT NOTE: This section describes the relationship between Shopify and your store and should not be removed or modified.]
SomlyLife is powered by Shopify, which enables us to provide you with the Services. However, the sales and purchases you make on our Store are conducted directly with SomlyLife.
By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the transactions between you and SomlyLife, including any injury, harm, or loss resulting from products or services purchased. You expressly release Shopify and its affiliates from any claims, damages, and liabilities arising out of or related to your purchases and transactions with SomlyLife.
SECTION 10 – PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, available here [LINK], and certain personal information may be subject to Shopify’s Privacy Policy, available here. By using the Services, you acknowledge you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information regarding your access and use of the Services to provide and improve the Services.
Information you submit to the Services will be transmitted to and shared with Shopify and third parties that may be located in other countries than your residence, in order to provide services to you. See our Privacy Policy [LINK] for more information on how we, Shopify, and our partners use your personal information.
SECTION 11 – FEEDBACK
If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, packages, or other content (collectively “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display that Feedback on any media for any purpose, including commercial purposes.
We may, for example, use the rights granted in this license to operate, improve, and promote the Services, and fulfill our obligations under these Terms.
You also represent and warrant that (i) you own or have the necessary rights in all Feedback; (ii) you have disclosed any compensation or incentive received in connection with your Feedback; and (iii) your Feedback complies with these Terms.
We are not obligated to (1) maintain the confidentiality of your Feedback; (2) pay compensation for your Feedback; or (3) respond to your Feedback.
We may, but are not obligated to, monitor, edit, or remove Feedback we deem unlawful, offensive, threatening, defamatory, obscene, or otherwise objectionable, or that violates intellectual property rights or these Terms.
You agree that your Feedback does not infringe on any third-party rights, including copyrights, trademarks, privacy, personality, or other personal or proprietary rights.
You agree not to submit Feedback that is defamatory, illegal, abusive, or obscene, or that contains malware or viruses that could affect the operation of the Services.
You may not use a false email address, impersonate another person, or mislead us or third parties about the origin of any Feedback. You are solely responsible for your Feedback and its accuracy. We take no responsibility for any Feedback submitted by you or any third party.
SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally, there may be information on or in the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, delivery times, and availability.
We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).
SECTION 13 – PROHIBITED USES
You may only access and use the Services for lawful purposes. You may not access or use the Services, directly or indirectly:
(a) for any unlawful or malicious purpose;
(b) to violate any international, federal, provincial, state, or local law, regulation, rule, or ordinance;
(c) to infringe upon our intellectual property rights or the intellectual property rights of others;
(d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against any employee or any other person;
(e) to submit false or misleading information;
(f) to upload or transmit any material that does not comply with these Terms;
(g) to send or facilitate the sending of unsolicited promotional material or spam;
(h) to impersonate or attempt to impersonate another person or entity;
(i) to engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which may harm SomlyLife, Shopify, or users of the Services or expose them to liability.
Additionally, you agree not to:
(a) upload or transmit viruses or any other malicious code;
(b) reproduce, duplicate, copy, sell, resell, or exploit any part of the Services;
(c) collect or track the personal information of others;
(d) engage in spamming, phishing, pharming, pretexting, crawling, or scraping;
(e) interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet.
We reserve the right to suspend, disable, or terminate your account without notice if we determine, in our sole discretion, that you have violated any part of these Terms.
SECTION 14 – TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) at our sole discretion, at any time and without notice. You will remain liable for all amounts due up to and including the date of termination.
The following sections shall survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any provisions that by their nature should survive termination.
SECTION 15 – DISCLAIMER OF WARRANTIES
The information provided on or through the Services is for general informational purposes only. We do not guarantee the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability arising from such reliance.
EXCEPT AS EXPRESSLY STATED BY SOMLYLIFE, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.
WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 16 – LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SOMLYLIFE, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, SAVINGS, DATA, REPLACEMENT COSTS, OR SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCT OBTAINED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM RELATED TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED FROM THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
SECTION 17 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless SomlyLife, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any loss, damage, liability, or claim, including reasonable attorneys’ fees, made by any third party due to or arising from (1) your breach of these Terms of Service or any incorporated documents; (2) your violation of any law or the rights of a third party; or (3) your access to or use of the Services.
We will notify you of any indemnifiable claim, but a delay in notice will not relieve you of your obligations unless it materially prejudices you. We may assume the defense and settlement of any claim at your expense, including choosing legal counsel. We will not settle any claim involving non-monetary obligations from you without your consent (not to be unreasonably withheld). You agree to cooperate with us in defending such claims.
SECTION 18 – SEVERABILITY
If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, that provision shall still be enforceable to the fullest extent permitted by applicable law, and the unenforceable part shall be deemed severed from these Terms, without affecting the validity and enforceability of the remaining provisions.
SECTION 19 – WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or rules posted by us on this site or regarding the Services constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications, or proposals, whether oral or written, between you and us.
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 20 – ASSIGNMENT
You may not delegate, transfer, or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice.
SECTION 21 – GOVERNING LAW
These Terms of Service and any separate agreement through which we provide you Services shall be governed by and construed in accordance with the federal and state or territorial courts in the jurisdiction where SomlyLife is based. You and SomlyLife agree to the venue and personal jurisdiction of such courts.
SECTION 22 – HEADINGS
Headings used in this agreement are for convenience only and will not affect the meaning or interpretation of these Terms.
SECTION 23 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms as required by law, and such changes will take effect on the date specified in the notice. Your continued use of the Services following the posting of changes constitutes acceptance of those changes.
SECTION 24 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at: contact@somlylife.com
Our contact details are listed below:
SomlyLife
contact@somlylife.com
