Terms of service

Terms of Service

OVERVIEW

Welcome to our store! The terms "we", "us" and "our" refer to ExploreSleep and its affiliate Spark Sleep Solutions. We operate this store, including all related information, content, features, tools, products, and services in order to provide you, the customer, with a curated shopping experience (the "Services"). Our store is powered by Shopify, which enables us to provide the Services to you.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service ("Terms") and our Privacy Policy. If you do not agree, you must not use or access our Services.

SECTION 1 - MEDICAL DISCLAIMER & PRODUCT USAGE

  • Not Medical Advice: Content on this store—including text, graphics, images, product descriptions, and other material—is provided for informational, maintenance, and hygiene purposes only. It is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician, dentist, or other qualified healthcare provider regarding any medical or sleep condition.
  • No Doctor-Patient Relationship: Purchasing items or communicating with us via the store does not create a doctor-patient or clinical relationship between you and Spark Sleep Solutions or any of its practitioners, unless explicitly established through a separate clinical agreement.
  • Device Safety: Products (such as cleaning tablets, travel cases, oral appliance accessories, etc.) are intended for maintenance and hygiene. Use products strictly as directed by the manufacturer and your dental/medical provider.

SECTION 2 - ACCESS AND ACCOUNT

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence. You represent and warrant that all billing, payment, and shipping information you provide is correct, current, and complete. You are solely responsible for maintaining the security of your account credentials.

SECTION 3 - OUR PRODUCTS & ALL SALES FINAL POLICY

  • Product Representation: We make every effort to display products accurately. However, colors or product appearance may vary based on your screen settings. All descriptions and pricing are subject to change at any time without notice.
  • Strict No-Return Policy: Due to the personal hygiene, sanitary, and medical/dental nature of the items offered in our store, ALL SALES ARE FINAL. We do not accept returns, exchanges, or issue refunds once an order has shipped.
  • Damaged or Defective Items: If an item arrives damaged or defective, you must notify us in writing within seven (7) calendar days of delivery at dream@sparksleep.com with photographic evidence and your order number. Replacement or credit for verified damaged/defective goods is at our sole discretion.
  • Refund Deductions & Processing Fees: In the event an exception is made to issue a full or partial refund or credit for any reason, you will be assessed a non-refundable 3% credit card processing fee plus a $25 Administrative Fee to cover staff processing time and account management. These amounts will be automatically deducted from any refund amount.

SECTION 4 - ORDERS, BILLING & CHARGEBACK RECOVERY

When you place an order, you are making an offer to purchase. We reserve the right to accept, decline, or limit your order for any reason. Purchases are strictly for your own personal or household use and not for commercial resale or export.

By placing an order, you expressly agree to contact customer support (dream@sparksleep.com) first to resolve any billing or product issue prior to contacting your card issuer or financial institution.

If you initiate an unauthorized dispute, card reversal, or chargeback with your bank, or if your account has a past-due balance, you explicitly agree to the following financial remedies:

  • Processing & Administrative Fees: You will be assessed a non-refundable 3% credit card processing fee plus a $25 Administrative Fee.
  • Late Fees & Interest: Any disputed, charged-back, or unpaid balance will accrue interest at 1.0% per month (12% per annum), or the maximum rate permitted by applicable state law (whichever is lower), calculated daily until paid in full.
  • Returned Check / Dishonored Payment Fee: A $50.00 fee will be assessed for any returned check, ACH failure, or dishonored payment.
  • Collection, Attorney, and Legal Costs: You acknowledge and agree that you shall be responsible for any and all applicable fees, including collection agency fees, reasonable attorneys' fees, court costs, filing fees, and accounting costs incurred by us in enforcing payment or defending against an invalid or fraudulent chargeback.
  • Fraudulent Chargeback Reporting: Misuse of chargebacks is considered consumer fraud. We reserve the right to report unauthorized chargebacks to credit bureaus, collections databases, and fraud monitoring agencies.

SECTION 5 - SHIPPING AND DELIVERY

We are not liable for shipping and delivery delays. All delivery times are estimates only. Once we transfer products to the carrier, title and risk of loss passes to you.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including all trademarks, brands, text, graphics, images, logos, and software, are owned by Spark Sleep Solutions, its affiliates, or licensors. You may not reproduce, distribute, modify, or create derivative works without our prior written consent.

SECTION 7 - OPTIONAL TOOLS & THIRD-PARTY LINKS

We may provide access to third-party tools or links to third-party websites. We provide access "as is" without warranties or endorsement. We are not liable for any harm or damages related to your use of third-party websites, tools, or services.

SECTION 8 - RELATIONSHIP WITH SHOPIFY

Our store is powered by Shopify, which enables us to provide the Services. Any sales and purchases you make are made directly with Spark Sleep Solutions. You expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with us.

SECTION 9 - PRIVACY POLICY & USER FEEDBACK

Personal information collected through the Services is subject to our Privacy Policy and Shopify's Privacy Policy. If you submit reviews, ideas, or feedback to us, you grant us a perpetual, royalty-free license to use, reproduce, and publish that feedback for any commercial or non-commercial purpose without compensation.

SECTION 10 - ERRORS, INACCURACIES, AND PROHIBITED USES

We reserve the right to correct typographical errors, inaccuracies, or omissions (including pricing and availability) and cancel orders if information is inaccurate at any time without notice.

You are prohibited from using the site for unlawful purposes, transmitting viruses, scraping data via AI or automated bots, harassing staff, or attempting to circumvent security features.

SECTION 11 - DISCLAIMER OF WARRANTIES

EXCEPT AS EXPRESSLY STATED BY US, THE SERVICES AND ALL PRODUCTS ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

SECTION 12 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL SPARK SLEEP SOLUTIONS, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR SHOPIFY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, LOST REVENUE, OR REPLACEMENT COSTS).

OUR TOTAL CUMULATIVE LIABILITY SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO US FOR THE SPECIFIC ITEM(S) GIVING RISE TO THE CLAIM.

SECTION 13 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Spark Sleep Solutions, Shopify, and our officers, directors, employees, agents, and contractors from any losses, damages, liabilities, or claims (including reasonable attorneys' fees and collection costs) arising out of (1) your breach of these Terms, (2) your misuse of products, or (3) any chargeback or billing dispute initiated by you.

SECTION 14 - GOVERNING LAW & CLASS ACTION WAIVER

  • Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. You consent to personal jurisdiction and venue in state or federal courts located in California.
  • Class Action Waiver: YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You expressly waive any right to bring or participate in a class-action lawsuit against Spark Sleep Solutions.

SECTION 15 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at:

Spark Sleep Solutions

Email: dream@sparksleep.com