Conditions d’utilisation

This website is operated by Sleepy Apparel (“Sleepy Apparel,” “we,” “us,” or “our”). By visiting sleepyapparel.com and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service,” “Terms”), including any additional terms, conditions, and policies referenced herein and/or available by hyperlink — including our Privacy Policy, Shipping Policy, and Returns & Refunds policy. These Terms apply to all users of the site, including browsers, customers, and contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Service.
1. Eligibility
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority and have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
2. General Conditions
We reserve the right to refuse Service to anyone for any reason at any time. You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without express written permission from us.
3. Products, Pricing, and Availability
Certain products may be available exclusively online through the website. These products may have limited quantities. We have made every effort to display as accurately as possible the colors and images of our products, but we cannot guarantee that your device’s display of any color will be accurate. Many of our pieces are hand-embroidered; small variations from piece to piece are a natural characteristic of handmade goods and are not defects.
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue any product without notice, to limit the quantities of any products that we offer, and to refuse or cancel any order, including after an order has been placed and payment received. All descriptions of products and pricing are subject to change at any time without notice, at our sole discretion.
In the event a product is listed at an incorrect price or with incorrect information due to a typographical or other error, we reserve the right to refuse or cancel any orders placed for that product, whether or not the order has been confirmed and your payment method charged. If your payment method has already been charged and we cancel your order, we will issue a refund in the amount of the incorrect charge.
4. Orders and Payment
We reserve the right to refuse or cancel any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store, and to promptly update your account and other information, including your email address and payment method details, so that we can complete your transactions and contact you as needed. Payment must be received and authorized before we process and ship your order. You are responsible for any applicable taxes.
5. Shipping and Delivery
Shipping timelines and costs are described on our Shipping Policy page. We are not responsible for delays caused by carriers, customs, weather, or other circumstances outside our control. Title and risk of loss for all products pass to you upon our delivery of the products to the carrier.
6. Returns and Refunds
All sales are final. We do not accept returns or exchanges and do not issue refunds, except as expressly set out in our Returns & Refunds policy or as required by applicable law. Please review our Returns & Refunds policy before making a purchase.
7. Intellectual Property
All content on this site — including text, graphics, logos, images, product designs, embroidery designs, photographs, and the compilation thereof (the “Content”) — is the property of Sleepy Apparel or its licensors and is protected by United States and international intellectual property laws. The “Sleepy Apparel” name, logo, and all related names, logos, product names, and designs are trademarks of Sleepy Apparel. You may not use, reproduce, or distribute any Content without our prior written permission. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the site for personal, non-commercial purposes.
8. User Comments and Submissions
If you send us certain specific submissions (for example, contest entries, reviews, or other content) or, without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials (“comments”), you agree that we may, at any time and without restriction, use, edit, copy, publish, distribute, and otherwise use in any medium any comments that you forward to us. We are under no obligation to (a) maintain any comments in confidence; (b) pay compensation for any comments; or (c) respond to any comments. You agree that your comments will not violate any right of any third party and will not contain unlawful, abusive, or otherwise objectionable material. You are solely responsible for any comments you make and their accuracy.
9. Prohibited Uses
In addition to other prohibitions set out in these Terms, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code; (h) to collect or track the personal information of others; (i) to spam, phish, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service. We reserve the right to terminate your use of the Service for violating any of the prohibited uses.
10. Third-Party Links and Tools
Certain content, products, and Services available via our Service may include materials from third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review the third party’s policies and practices carefully.
11. Disclaimer of Warranties; Limitation of Liability
We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free. You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement, to the maximum extent permitted by applicable law.
To the maximum extent permitted by applicable law, in no case shall Sleepy Apparel, our directors, officers, employees, affiliates, agents, contractors, suppliers, or service providers be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind — including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages — arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product. Where liability cannot be excluded or limited by law, our total liability to you for all claims arising out of or relating to these Terms or your use of the Service shall not exceed the amount you paid to us for the product(s) giving rise to the claim.
12. Indemnification
You agree to indemnify, defend, and hold harmless Sleepy Apparel and our affiliates, partners, officers, directors, agents, contractors, and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
13. Accuracy of Information
We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions. Any reliance on the material on this site is at your own risk. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site.
14. Changes to These Terms
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. Your continued use of or access to our website following the posting of any changes constitutes acceptance of those changes.
15. Termination
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
16. Governing Law and Dispute Resolution
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.
Informal resolution. Before filing any claim, you agree to first contact us at chrisfrias1000@gmail.com and attempt to resolve the dispute informally. Most concerns can be resolved this way.
Venue. Except where prohibited by law, you agree that any dispute not resolved informally shall be brought exclusively in the state or federal courts located in Orange County, California, and you consent to the personal jurisdiction of those courts.
Class action waiver. To the fullest extent permitted by applicable law, you and Sleepy Apparel agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.
17. Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.
18. Entire Agreement
These Terms of Service, together with any policies or operating rules posted by us on this site (including our Privacy Policy, Shipping Policy, and Returns & Refunds policy), constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior agreements. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
19. Contact Information
Questions about these Terms of Service should be sent to us at chrisfrias1000@gmail.com.