This Terms of Sale document is an electronic record in the form of an electronic contract under the provisions of the Information Technology Act, 2000 (and the rules made thereunder, as well as the applicable amendments regarding electronic records in various statutes). It does not require any physical or digital signature, but it is a legally binding agreement between the Buyer and the Vendor.

For the purposes of this Terms of Sale, wherever the context so requires on the SleepyHug website (“Website”) for the sale and purchase of any goods and/or services (“Products”): the term “Vendor” shall mean SleepyHug, and a user who purchases Products using the Website is referred to as the “Buyer.”

By listing Products on the Website, the Vendor is making an offer to sell those Products to Buyers. When a Buyer places an order for a listed Product, it constitutes acceptance of the Vendor’s offer. These Terms of Sale become effective and binding on the Vendor when the Vendor advertises, exhibits, or lists a Product on the Website, and become effective and binding on the Buyer when the Buyer agrees to purchase the Product listed by the Vendor.

The Buyer is urged to read these Terms of Sale carefully before purchasing any Product on the Website. These Terms of Sale should be read in conjunction with the Website’s Terms of Use, Privacy Policy, and other applicable policies. If a Buyer does not agree to these Terms of Sale or any of the Website’s policies, the Buyer is advised not to make any purchase on the Website.

The Vendor may revise these Terms of Sale from time to time. Buyers should review the Terms of Sale each time they purchase a Product. Any changes will be effective once posted on the Website. A Buyer’s continued use of the Website or purchase of Products after any changes to these terms will signify the Buyer’s acceptance of the revised Terms of Sale.

(Note: This document is published by SleepyHug in compliance with the aforementioned legal provisions requiring the posting of terms for website usage. By merely using the Website or engaging in any transaction on the Website, the Buyer is deemed to be contracting with SleepyHug and agrees that these terms and conditions (along with applicable policies) constitute the Buyer’s binding obligations toward SleepyHug.)

The contract for sale of a Product on the Website is a bipartite contract between the Buyer and the Vendor. By listing a Product on the Website, the Vendor offers to sell that Product to Buyers. When the Buyer places an order to purchase the Product, it signifies the Buyer’s acceptance of the Vendor’s offer.

The Vendor’s offer to sell is not absolute or unconditional; the Vendor reserves the right to cancel or refuse any order at any time before dispatch of the Product, without any further liability or obligation (any payment made by the Buyer for such an order will be refunded as described in these terms).

All sales of Products on the Website are governed by the Product descriptions, specifications, and terms of warranty (if any) provided by the Vendor in addition to these Terms of Sale. Details of any warranty offered by the Vendor for a Product will be specified on the relevant Product page on the Website or on the Product’s packaging/label.

Unless otherwise expressly indicated, the Buyer must make payment for purchases online (through the available payment gateways/options on the Website). In certain cases, the Vendor may offer alternate payment methods (for example, cash on delivery or other methods) at its discretion; if such alternate payment modes are available for a Product, they will be clearly indicated on the Product page.

The availability of Products is reflected on the Website as either “In Stock” or “Out of Stock.” However, all orders are subject to availability confirmation. In some instances (for example, if multiple customers place orders for the same item simultaneously), a Product indicated as “In Stock” may become unavailable prior to final order processing. The final availability of the Product will be confirmed by the Vendor upon processing the order. An order is considered “Order Accepted” only after the Vendor confirms the Product is available and ready to dispatch.

In the event an order (or any part of an order) is cancelled for any reason after the Buyer’s payment has been processed, the Buyer will receive a refund of the amount paid for the cancelled item. Such refund will be processed as a reversal or credit back to the Buyer’s original payment method (or via alternate means at the Vendor’s discretion) in accordance with applicable banking and card payment procedures. The Vendor will ensure that the refund is initiated promptly, and the credit is typically expected to reflect within a reasonable period as per the Buyer’s bank or payment provider’s processing timelines.

With respect to each sale of a Product by the Vendor to a Buyer, the Vendor makes the following representations and warranties to the Buyer at the time of sale:

• The Vendor has the lawful right and full authority to sell the Product to the Buyer via the Website.

• The Buyer shall have and enjoy quiet possession of the Product once purchased (i.e., the Buyer’s ownership or use of the Product will not be disturbed by any third-party claims).

• The Product is free from any security interest, charge, or encumbrance in favor of any third party (meaning the Vendor transfers a clear title of the Product to the Buyer).

• The Buyer will be entitled to all applicable warranties, guarantees, and other support or after-sale services that generally come with the Product or that are promised by the Vendor.

• The Product will conform to the description and specifications provided on the Website. The Product supplied shall be of the same type, quality, and quantity as described at the time of purchase (subject to standard tolerances and as-per description on the site).

The Selling Price of the Product (i.e., the price at which the Product is offered for sale on the Website) is displayed on an “as is” basis as provided by the Vendor. The Vendor reserves the right to modify or update the price of any Product at any time without prior notice. The price payable by the Buyer will be the price of the Product as listed at the time the Buyer places the order, subject to acceptance of the order.

Unless expressly mentioned otherwise, all prices listed on the Website are inclusive of Goods and Services Tax (GST) and any other applicable taxes. Any additional fees (such as delivery charges or fees for special payment modes) will be indicated separately on the Product page or during checkout, if applicable.

The Vendor will be responsible for properly packaging the Products and dispatching them to the Buyer’s designated shipping address using a suitable delivery service. The risk of any damage to, or loss or destruction of, the Products remains with the Vendor until the Product is delivered to the Buyer. In other words, the Vendor bears the risk of any damage or loss during transit until delivery is completed.

Unless specified otherwise on the relevant Product page, delivery/shipping of the Products to the Buyer is provided free of cost. Any delivery charges (if applicable to certain Products or delivery locations) will be clearly mentioned at the time of purchase.

The Vendor will make best efforts to dispatch all orders within 2–3 working days of order confirmation. Thereafter, delivery by the courier/logistics partner is typically expected within an additional 2–4 working days from the date of dispatch, depending on the Buyer’s location. (Overall, Buyers can generally expect to receive their orders within 4–7 working days from the date of order confirmation.) In case of any delay in dispatching the Product, the Vendor will inform the Buyer of the delay via email, SMS, or phone call.

Please note that any delivery time or date provided by the Vendor or displayed on the Website is only an estimate and not a guaranteed commitment. While the Vendor will strive to meet the indicated timelines, unforeseen delays can occur. Therefore, time shall not be of the essence in the bipartite contract between the Buyer and the Vendor for the purchase and delivery of the Product. The Product will be delivered to the Buyer only after full payment for the Product has been received by the Vendor (unless an alternate payment method like cash on delivery is offered and chosen, in which case the terms of that method apply).

The Buyer is responsible for accepting the delivery of the Product when it arrives at the specified shipping address. The Buyer should ensure that either they or an authorized representative is available at the delivery address to receive the shipment. In case the delivery attempt fails due to no one being available to accept the Product (or due to the Buyer’s refusal to take delivery for reasons other than documented damage or error), the Buyer may be held responsible for any reasonable costs incurred due to such failure. This may include, for example, the courier’s re-delivery fees or return shipping charges. The Vendor (or the courier service on behalf of the Vendor) will typically attempt delivery once at the address; if the Buyer is unreachable or unavailable at that time, the Vendor will contact the Buyer to schedule a re-delivery or resolve the issue. Repeated failure by the Buyer to accept the delivery may result in cancellation of the order, and refund of the purchase price after deducting applicable delivery charges for the failed attempts (if any).

Title to the Product (ownership rights) and any other interest in the Product will pass directly from the Vendor to the Buyer upon successful delivery of the Product to the Buyer (provided the purchase price has been paid in full). Upon delivery, the Buyer is deemed to have accepted the Product, subject to the terms of any applicable return, exchange, or warranty policy. The risk of loss or damage to the Product passes to the Buyer upon delivery. (This means that after the Product has been delivered to the Buyer, any loss or damage to the Product is at the Buyer’s risk.)

The Buyer may cancel an order, but only if the cancellation request is made before the Product has been dispatched by the Vendor. If the Buyer wishes to cancel an order, the Buyer should contact SleepyHug’s customer support (at support@sleepyhug.in) as soon as possible, preferably within 24 hours of placing the order. If the order has not yet been shipped, the Vendor will process the cancellation request. In case of a successful cancellation (i.e., if the order is canceled before dispatch), any payment made by the Buyer for that order will be refunded in full. Refunds for cancelled orders are typically processed within 7–10 working days from the date of approval of the cancellation request, and will be made via the same mode of payment that the Buyer used or via an alternative method as agreed with the Buyer.

Please note: Once an order has been handed over to the courier for delivery, the Buyer can no longer cancel the order via this process. After dispatch, the order will be delivered to the Buyer’s address as per the normal process. If the Buyer no longer wants the Product post-dispatch, they may need to initiate a return once delivered (subject to the Vendor’s return policy and applicable laws) rather than a cancellation.

Any contract for the sale of a Product on the Website is strictly between the Vendor and the Buyer (a bipartite contract). SleepyHug, as the Vendor, directly transfers title, rights, and interest in the sold Products to the Buyer upon delivery (and full payment). There is no separate third-party retailer in this transaction; the Buyer is purchasing directly from SleepyHug as the Vendor.

These Terms of Sale do not alter, limit, or override any other agreements, contracts, terms, or policies that may separately exist between the Vendor and the Buyer. For example, if a specific Product comes with its own warranty terms or service contract, those terms will remain applicable and are not modified by these general Terms of Sale.

Products sold via the Website may be subject to additional terms and conditions provided by the Vendor regarding warranty, after-sale service, and maintenance (for instance, manufacturer’s warranty terms, maintenance service plans, etc.). Any such specific terms will accompany the Product or be described on the Product page, and the Buyer agrees that any post-sale issues will be governed by those specific product-related terms in addition to these Terms of Sale.

Events Beyond Reasonable Control (Force Majeure): The Vendor shall not be liable for any delay or failure in performing its obligations under these Terms of Sale if such delay or failure is caused by an event beyond the Vendor’s reasonable control. Such events include, but are not limited to, acts of God, fire, flood, explosion, natural disasters, epidemics or pandemics, war, riots, civil disturbances, strikes or labor disputes, acts of terrorism, governmental actions, or any other similar events or circumstances that are not within the Vendor’s reasonable ability to control. During the duration of such force majeure events, the obligations of the Vendor under this contract that are affected by the event will be temporarily suspended. The Vendor will make reasonable efforts to inform the Buyer of any such events and will endeavor to resume performance as soon as possible.

Severability (Invalidity): If any provision of these Terms of Sale (or any portion of a provision) is held to be invalid, illegal, or unenforceable by a competent legal authority, such provision or portion shall be deemed severed from these Terms of Sale. The remaining provisions of these Terms of Sale shall continue in full force and effect. The invalidated provision will be replaced by a valid provision that comes closest to the intention underlying the invalid provision.

Privacy: The personal information (for example, name, address, email, phone number, payment details, etc.) that a Buyer provides to the Vendor during the order process or through use of the Website will be collected, stored, and used in accordance with SleepyHug’s Privacy Policy and in compliance with applicable data protection laws. By making a purchase or using the Website, the Buyer consents to the collection and use of their information as outlined in the Privacy Policy. SleepyHug is committed to protecting the Buyer’s personal information and using it only for legitimate purposes such as processing orders, facilitating deliveries, providing customer support, and as otherwise permitted by law.

Notices and Communications: At the time of placing an order, the Buyer must provide a valid phone number and email address. The Vendor (SleepyHug) may provide notifications or communicate with the Buyer regarding orders or the Buyer’s use of the Website through various modes, including but not limited to e-mail messages, SMS/text messages, phone calls, notifications on the Website, or any other mode of communication deemed appropriate. By placing an order or using the Website, the Buyer consents to receive communications from the Vendor through these channels for transactional, informational, or service-related purposes. The Buyer agrees to ensure that they can be reached via the phone number and email provided, and that these contact details remain active and updated. For any communications to SleepyHug (such as order inquiries, complaints, or support requests), the Buyer is encouraged to use the same email address or phone number that was provided at the time of ordering, so that the Buyer’s identity can be verified and the query addressed efficiently.

Governing Law and Jurisdiction: These Terms of Sale and the transactions herein shall be governed by and construed in accordance with the laws of India, without reference to its conflict of law principles. In the event of any disputes arising from or relating to these Terms of Sale or the purchase of any Products, such disputes shall be subject to the exclusive jurisdiction of the competent courts located in New Delhi, India. The Buyer and Vendor acknowledge and agree to submit to the jurisdiction of the New Delhi courts for any litigation arising out of these terms.

Prospective Customer: A person who is interested in SleepyHug’s products or services and who may avail SleepyHug’s services or offers. This includes anyone who has interacted with SleepyHug (for example, by signing up on the Website, inquiring about products, etc.) but has not yet made a purchase or explicitly subscribed to communications.

Service(s): The service provided by SleepyHug of maintaining an online platform and related systems to allow customers to browse and purchase smart sleep products, as well as the service of sending information (via calls, SMS, or emails) about SleepyHug’s products, promotions, and activities to interested individuals. Essentially, “Services” refers to the overall offering of SleepyHug, including the online shopping platform and any customer communication or engagement services.

Subscriber(s): An individual (prospective customer) who has agreed to avail themselves of SleepyHug’s Services by providing consent and accepting these Terms and Conditions of Service. Subscribers include users who have registered through our mobile application or our Website (sleepyhug.in), or through any offline consent process, to receive communications and updates from SleepyHug.

SleepyHug provides its Services in accordance with applicable law. In pursuit of its business activity of providing an online platform for customers to purchase smart sleep products, SleepyHug engages in communications with interested customers as described below:

SleepyHug may make voice calls to, and send transactional or service-related SMS/messages or emails to, Prospective Customers and Subscribers who have expressed interest in SleepyHug’s products. These calls/messages/emails will be transactional or informational in nature, intended to inform customers about SleepyHug’s products, services, order updates, or related activities. Examples include calls or messages to respond to an inquiry, confirm an order or subscription, provide information about new product launches or promotions (to those who have consented), or other updates regarding SleepyHug’s offerings.

All such calls and messages will be made in compliance with applicable telecom regulations. SleepyHug uses registered communication channels (phone numbers or sender IDs) to ensure that recipients can identify the call or message as coming from SleepyHug. The content of calls and messages will be professional and service-oriented.

By providing your phone number and/or email to SleepyHug and becoming a Subscriber, you understand that you may receive these communications from SleepyHug. SleepyHug will not send promotional communications to you unless you have given the specific consent to receive them, and you have the right to opt out of such communications at any time as described below.

Consent to Contact: By agreeing to these Terms of Service and registering as a Subscriber (through any medium, online or offline), you consent to receive communications from SleepyHug via phone calls, SMS/text messages, and emails that are transactional or service-related in nature. You acknowledge that these communications are in relation to information about SleepyHug’s services, products, and activities, and you consent to receive such communications even if the phone number you provided is registered under Do Not Disturb (DND) or in the National Customer Preference Register (NCPR). Your explicit consent serves as an override to your DND/NCPR preference for the specific purpose of SleepyHug’s service communications.

Verifiable Request and Approval: You confirm that you have provided a verifiable request or explicit approval to SleepyHug to initiate these communications. In other words, you have actively signed up, inquired, or otherwise requested to receive information from SleepyHug, and SleepyHug will not make unsolicited communications without such consent. This specific approval is recorded and retained by SleepyHug as per regulatory requirements.

Opt-Out at Any Time: As a Subscriber, you have the right to opt out of receiving further communications from SleepyHug at any time. SleepyHug respects your communication preferences. If you choose not to receive any or all types of communications, you may withdraw your consent by following the opt-out or unsubscribe instructions provided (for example, by clicking an “Unsubscribe” link in an email, by replying with an opt-out keyword to an SMS as instructed, or by contacting our customer support to request removal). Once we receive your opt-out request, we will process it as soon as possible and refrain from sending you further communications of the type you have unsubscribed from (subject to a brief processing period and except for communications that are legally mandated or transaction-specific, such as confirmations for an order you placed)

Periodic Reminders of Opt-Out Procedure: SleepyHug will provide you with periodic reminders of your ability to opt out. In compliance with regulations, we will inform you at regular intervals (at least once every 180 days, or as required by law) about how you can stop receiving further communications if you so wish. This reminder may be sent via a brief message or email outlining the opt-out procedure.

Opt-Out Information in Communications: Every promotional or service-related communication (such as marketing emails or messages describing our services or products) that you receive from SleepyHug will include clear instructions on how to unsubscribe or opt out from future messages. For instance, our emails may contain an “Unsubscribe” link at the bottom, and our SMS messages may include a line such as “Reply STOP to opt out,” in accordance with TRAI guidelines and other applicable laws. We ensure that you are informed of the opt-out procedure in each such communication or in each advertisement where details of our services are provided.

Compliance and Due Diligence: SleepyHug reserves the right to exercise due diligence in managing its communications list. This means we may verify the identity or authorization of Subscribers and Prospective Customers who receive our communications. We may also periodically check that the consent we have on record is up-to-date and indeed provided by the owner of the contact information. This is to protect both our Subscribers and SleepyHug from unauthorized use of contact information. We are committed to complying with all telecom and anti-spam regulations, and we maintain records of consents and communications as required by law.

Subscriber’s Responsibility and Indemnity: By subscribing to SleepyHug’s communications, you agree to provide accurate contact information and to use SleepyHug’s Services in a lawful manner. You, as a Subscriber, agree that you will not misuse the information provided through our communications (for example, by unlawfully sharing any promotional codes, confidential information, etc., if any such is provided). Indemnity: You agree to indemnify and hold harmless SleepyHug and its directors, officers, employees, affiliates, and agents from and against any loss, damage, liability, or cost (including reasonable attorneys’ fees) arising out of any breach by you of these communication service terms or misuse of the Service. This means that if your actions (in violation of these terms) cause any harm or legal issues for SleepyHug, you will be responsible for the consequences and costs.

Legal Compliance: These Services and the related communication practices are subject to all applicable laws, rules, and regulations in effect. SleepyHug is committed to operating in compliance with the laws of India, including telecom regulations, consumer protection laws, data protection laws, and any rules promulgated by statutory authorities from time to time. If any law or regulation imposes new requirements or restrictions on our communication practices or services, we will adapt our terms and practices to remain compliant.

Content of Communications: SleepyHug will ensure that no obscene, offensive, defamatory, or unauthorized content is included in the calls, messages, or emails we send to you. We will not send content that is against public interest, public morality, or national security. All content will relate to our legitimate business purposes (such as providing information about sleep products, promotions, order updates, etc.) and will adhere to decency and appropriateness standards. If you ever receive a message from SleepyHug that you believe is inappropriate or not in accordance with this promise, please inform us so we can take corrective action.

Acceptance of Terms: By subscribing to or using the Services (such as by registering your contact details with SleepyHug or by not opting out of communications), you acknowledge that you have read, understood, and agreed to be bound by these Terms and Conditions of Service. These terms form a legally binding agreement between you (the Subscriber) and SleepyHug. If you do not agree with any of these terms, please do not use the service or immediately opt out from our communications.

Modification of Terms: SleepyHug reserves the right to modify, add to, or remove portions of these Terms and Conditions of Service at any time. We may also decide to extend, modify, or discontinue the communication Services (or any part thereof) at our discretion. If we make significant changes to these terms, we will make an effort to inform Subscribers of such changes (for example, via an email or a notice on our website). However, it is ultimately your responsibility to review these terms periodically. Your continued use of the Services or continued subscription to our communications after changes have been made will constitute your acceptance of the revised terms.

Dispute Resolution – Arbitration: Any dispute, controversy, or claim arising out of or relating to these Terms & Conditions of Service (including any question regarding its existence, validity, or termination) shall be referred to and finally resolved by arbitration. The arbitration shall be conducted by a sole arbitrator, who shall be appointed by SleepyHug. The arbitration proceedings shall be conducted in accordance with the provisions of the Arbitration and Conciliation Act, 1996, and any amendments thereto. The seat and venue of arbitration shall be New Delhi, India, and the arbitration proceedings shall be conducted in the English language. The award of the arbitrator shall be final and binding on both parties. The existence of any dispute or the initiation of arbitration proceedings shall not, by itself, amount to a claim against SleepyHug or entitle the Subscriber to any relief or halt in the provision of services – in other words, SleepyHug’s obligations and the Subscriber’s obligations under these terms remain in effect pending the resolution of the dispute, to the extent feasible.

Electronic Record: This document (Terms and Conditions of Service) is an electronic record pursuant to the Information Technology Act, 2000 and the rules thereunder, as well as any applicable amendments concerning electronic records. It is generated by a computer system and does not require any physical or digital signatures. These terms are made available to you (the Subscriber) electronically for your reference and acceptance.

Grievance and Contact Information: If you have any questions, concerns, or grievances regarding these Terms and Conditions of Service or our communication practices, you may contact our support team or Grievance Officer at support@sleepyhug.in. We will acknowledge your complaint within 48 hours and strive to redress it within one month, in accordance with the Consumer Protection (E-Commerce) Rules, 2020. We are here to assist you and ensure that your experience with SleepyHug remains positive and in compliance with the law

By using the Website, purchasing Products, or subscribing to SleepyHug’s services/communications, you acknowledge that you have read and understood all the terms above, and agree to be bound by them. Thank you for reading our Terms and Conditions. SleepyHug values your trust and is committed to providing you with a secure, fair, and transparent service experience.