Terms of service

Terms of Service — Restly

OVERVIEW Welcome to Restly! These terms and conditions outline the rules and regulations for the use of Restly's website and store. "We," "us," and "our" refer to the owner of the Restly brand (see our Legal Notice / Imprint for full identifying details). Restly runs on Shopify, which allows us to provide the Services to you.

The following terms and conditions, together with any documents they expressly incorporate by reference (these "Terms of Service" or "Terms"), govern your access to and use of Restly's website, including any content, functionality, and services offered on or through it (the "Services").

Please read these Terms of Service carefully before you start to use the Services, as they include important information about your legal rights, remedies, and obligations.

By accessing or using the Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or our Privacy Policy, you must not access or use the Services.

SECTION 1 - ACCESS AND ACCOUNT By accepting these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services.

To use the Services, you may be asked to supply certain information, including your email address, billing information, and shipping information. You agree that any information you provide will always be accurate, correct, and up to date.

You are solely responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You may not transfer, sell, assign, or license your account to any other party.

SECTION 2 - OUR PRODUCTS We have made every effort to display the colors and images of our products as accurately as possible. We cannot guarantee that your device's display of any color will be accurate.

All descriptions of products 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 any offer for any product made on the Services is void where prohibited.

Information about the intended use of our products is provided for general informational purposes only. Our products are not intended to diagnose, treat, cure, or prevent any disease, including sleep disorders such as sleep apnea. If you have a sleep-related medical condition, please consult a healthcare professional before using our products.

SECTION 3 - ORDERS When you place an order, you are making an offer to purchase. Restly reserves the right to accept or decline your order for any reason. Your order is not accepted until we confirm it. We must receive payment before your order is accepted. You should review your order carefully before completing your purchase, as we may not be able to cancel your order once it has been accepted. If we're unable to accept, need to change, or cancel your order, we will attempt to notify you using the contact information you provided at the time the order was made.

You may return or exchange your purchase only in accordance with our Return Policy.

You represent and warrant that your purchase is for your personal or household use only, and not for resale or commercial export.

SECTION 4 - PRICING AND BILLING Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed, as reflected in your order confirmation email. Shipping costs will be displayed separately at checkout in accordance with our Shipping Policy.

We may offer promotions on the Services that may be governed by rules different from these Terms. If there's a conflict between the promotion's rules and these Terms, the promotion's rules will apply.

You agree to provide current, complete, and accurate purchase and account information for all purchases made through the Services. You agree to promptly update your account and other information so that we can complete your transactions and contact you as needed. You represent and warrant that (i) any payment information you supply is true, correct, and complete, (ii) you are duly authorized to use the payment method provided, (iii) charges incurred will be honored by your payment provider, and (iv) you will pay the charges incurred at the posted prices, including applicable shipping fees and taxes.

SECTION 5 - SHIPPING AND DELIVERY Shipping and delivery of your order is governed by our Shipping Policy. Delivery timeframes are estimates only and are not guaranteed unless expressly stated otherwise. We are not responsible for delays caused by carriers, customs processing, or other events outside our reasonable control.

SECTION 6 - RIGHT OF WITHDRAWAL AND LEGAL WARRANTY Right of withdrawal. Restly is based in the European Union. If you are a consumer, you have a legal right to withdraw from your purchase within 14 calendar days of receiving your order, without needing to give a reason. This applies regardless of which country you are shipping to. Conditions for exercising this right are set out in our Return Policy.

Legal warranty of conformity. Products sold by Restly are covered by the statutory legal warranty applicable to EU-based sellers, under which we are liable for any lack of conformity that exists at the time of delivery and becomes apparent within the legally required period. This warranty exists independently of, and is not limited by, any other provision in these Terms. To make a warranty claim, please contact us at restlyshop@use.startmail.com.

SECTION 7 - INTELLECTUAL PROPERTY The Services and all content, features, and functionality offered on or through them — including all trademarks, trade names, text, graphics, product reviews, videos, and audio, and the design, selection, and arrangement thereof — are owned by Restly, its licensors, or other providers of such material, and are protected by copyright, trademark, and other intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any material from the Services without our prior written consent. All rights not expressly granted here are reserved by Restly.

The Restly name, logo, and all related names, product and service names, designs, and slogans are trademarks of Restly. You must not use such marks without our prior written permission. The Shopify name, logo, and related marks are trademarks of Shopify. All other names, logos, and marks are the property of their respective owners.

SECTION 8 - OPTIONAL TOOLS We may provide you with access to third-party tools that we neither monitor nor control. You acknowledge and agree that we provide access to such tools "as is" and "as available," without any warranties. Any use of optional third-party tools is entirely at your own risk and discretion.

SECTION 9 - THIRD-PARTY LINKS The Services may contain links to third-party websites or resources. We are not responsible for examining or evaluating the content or accuracy of any such third-party materials or websites, and we do not warrant and will not have any liability for any third-party materials or websites.

SECTION 10 - OUR RELATIONSHIP WITH SHOPIFY Restly runs on Shopify, which enables us to provide the Services to you. However, any purchase you make is made directly with Restly, and Shopify is not responsible for any aspect of the sale between you and Restly.

SECTION 11 - PRIVACY POLICY All personal information we collect through the Services is subject to our Privacy Policy. By using the Services, you acknowledge that you have read our Privacy Policy.

SECTION 12 - REVIEWS AND FEEDBACK If you submit, post, or transmit any ideas, suggestions, feedback, or reviews (collectively, "feedback"), you grant us a perpetual, worldwide, royalty-free, sublicensable license to use, reproduce, modify, publish, distribute, and display such feedback for any purpose, including commercial use.

You represent and warrant that: (i) you own or otherwise have the necessary rights to the feedback you provide; (ii) you have disclosed any compensation received in connection with your submission; and (iii) your feedback complies with these Terms. We have no obligation to keep any feedback confidential, to compensate you for it, or to respond to it.

We may, but have no obligation to, monitor, edit, or remove feedback that we determine to be unlawful, offensive, or otherwise in violation of these Terms.

SECTION 13 - ERRORS AND INACCURACIES Occasionally there may be information on the Services that contains typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, shipping charges, or availability. We reserve the right to correct any errors and to update or cancel orders if any information is inaccurate, at any time, without prior notice, without prejudice to your legal rights as a consumer.

SECTION 14 - PROHIBITED USES You may only use the Services for lawful purposes. You may not use the Services in any way that violates any applicable law or regulation, infringes the rights of others, transmits false or misleading information, sends unsolicited communications, impersonates another person, or in any way that could disable, overburden, damage, or impair the Services.

You may not upload viruses or malicious code, scrape or resell content from the Services without authorization, collect personal information about other users, or use any automated means, including bots or AI agents, to access the Services without our consent. We reserve the right to suspend or terminate your access if we determine you have violated these Terms.

SECTION 15 - AGENTS This section applies if you use or permit an Agent (software that acts autonomously or semi-autonomously on your behalf) to access the Services. Any Agent accessing the Services must identify itself as such in each request, must not misrepresent that it is a human, must truthfully respond when asked about its automated nature, and must not circumvent technical measures intended to control access. We may limit or restrict Agent access to the Services at our discretion.

SECTION 16 - TERMINATION We may terminate or suspend your access to the Services at any time, without prior notice, without prejudice to rights you've already acquired as a consumer on orders already placed. You will remain responsible for any amounts due up to the date of termination.

SECTION 17 - DISCLAIMER OF WARRANTIES Information provided through the Services is for general informational purposes only. We do not warrant its accuracy, completeness, or usefulness, without prejudice to any statutory consumer guarantees that cannot be excluded under applicable law.

To the extent permitted by applicable law, the Services are provided "as is" and "as available," without any warranties of any kind, express or implied.

SECTION 18 - LIMITATION OF LIABILITY To the fullest extent permitted by applicable law, in no event will Restly, its affiliates, directors, employees, or suppliers be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Services, including loss of profits or data. Nothing in this section limits any liability that cannot be limited or excluded under applicable law, including in cases of gross negligence, willful misconduct, or personal injury.

SECTION 19 - INDEMNIFICATION You agree to indemnify and hold Restly, Shopify, and our respective affiliates harmless from any claim or demand, including reasonable attorneys' fees, made by any third party arising out of (1) your breach of these Terms, (2) your violation of any law or the rights of a third party, or (3) your use of the Services.

SECTION 20 - SEVERABILITY If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision will be enforced to the maximum extent permitted by applicable law, and the unenforceable portion will be severed, with the remaining provisions remaining in full force and effect.

SECTION 21 - ENTIRE AGREEMENT Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. These Terms, together with any policies referenced herein, constitute the entire agreement between you and Restly regarding the Services.

SECTION 22 - ASSIGNMENT You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. We may assign or transfer these Terms without restriction.

SECTION 23 - GOVERNING LAW These Terms are governed by Spanish law, as Restly is based in Spain. If you are a consumer, any dispute will be submitted to the courts of your place of residence where applicable consumer protection law so requires, without this clause depriving you of any mandatory protection granted by the law of the country in which you reside.

As an EU consumer, you may also access the European Commission's online dispute resolution platform at https://ec.europa.eu/consumers/odr.

SECTION 24 - CHANGES TO THESE TERMS OF SERVICE You can review the most current version of these Terms at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates to our website. Your continued use of the Services following the posting of any changes constitutes acceptance of those changes.

SECTION 25 - CONTACT INFORMATION Questions about these Terms of Service should be sent to us at restlyshop@use.startmail.com.