Terms of Service

OVERVIEW
Welcome to Somnoia! The terms “we”, “us”, and “our” refer to Somnoia. We operate this store and website, including all related information, content, features, tools, products, and services, to provide you with a curated shopping experience (the “Services”). Somnoia is powered by Shopify, which enables us to provide the Services to you.
These Terms of Service (the “Terms”), together with any policies referenced here, describe your rights and responsibilities when you use the Services.
Please read these Terms carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with, or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Services.

1. ACCESS AND ACCOUNT

You represent that you are at least the age of majority in your place of residence and you consent to any minor dependents using the Services on devices you own or manage.
You may be asked to provide information (e.g., email, billing, payment, shipping). You represent that all information you provide is true, current, and complete and that you have all rights necessary to provide it.
You are responsible for maintaining the security of your account credentials and for all activity under your account. You may not transfer, sell, assign, or license your account.

2. OUR PRODUCTS

We strive to present products accurately; however, colors and appearance may vary by device and settings. We do not warrant that any products or services will meet your expectations or match images exactly.
Descriptions and pricing may change without notice. We may discontinue products or limit quantities to any person, region, or jurisdiction.

3. ORDERS

Your order is an offer to purchase. We may accept or decline any order at our discretion. We must receive and process your payment before acceptance. We may be unable to accommodate cancellation requests after acceptance. If we do not accept, change, or cancel an order, we will attempt to notify you using the contact details provided.
Purchases are subject to our Refund Policy.
You represent that purchases are for personal/household use and not for resale or export.

4. PRICES AND BILLING

Prices, discounts, and promotions may change without notice. The price at checkout applies to your order and will appear in your confirmation email. Unless expressly stated, posted prices exclude taxes, shipping/handling, customs, and import charges.
You agree to provide current, complete, and accurate purchase and account information and to promptly update payment details so we can complete your transactions. You represent that you’re authorized to use the payment method and will pay all charges, including applicable taxes and fees.

5. SHIPPING AND DELIVERY

Delivery times are estimates and not guaranteed. We are not liable for delays caused by carriers, customs, or events outside our control. Title and risk of loss pass to you upon transfer to the carrier.

6. INTELLECTUAL PROPERTY

All content and materials in the Services (text, graphics, images, video, audio, design, selection, and arrangement) are owned by Somnoia or its licensors and protected by applicable IP laws.
You may use the Services for personal, non-commercial use only. No license is granted except as expressly stated. Somnoia’s names, logos, and marks are trademarks of Somnoia. Shopify’s names and marks are trademarks of Shopify. Other names and marks belong to their owners.

7. OPTIONAL TOOLS

We may provide access to third-party tools “as is” and “as available” without warranties or endorsements. Your use is at your own risk and subject to the third party’s terms. New features/tools will also be subject to these Terms.

8. THIRD-PARTY LINKS

The Services may contain links to third-party sites or materials. We are not responsible for their content, accuracy, policies, products, or services. Access and transactions with third parties are at your own risk.

9. RELATIONSHIP WITH SHOPIFY

Somnoia is powered by Shopify. All sales you make are with Somnoia, not Shopify. By using the Services, you acknowledge that Shopify is not responsible for, and you release Shopify from, any claims arising out of your purchases or transactions with Somnoia.

10. PRIVACY POLICY

Personal information we collect through the Services is subject to our Privacy Policy.  Because the Services are hosted by Shopify, Shopify also collects and processes certain data to provide and improve the Services. See our Privacy Policy for details.

11. FEEDBACK

If you submit reviews, ideas, or other content (“Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use and display it for any purpose. You represent that you own or control the rights to your Feedback and it complies with these Terms. We may monitor, edit, or remove Feedback at our discretion.

12. ERRORS, INACCURACIES, AND OMISSIONS

We may correct errors or update information (including pricing, availability, shipping charges, and transit times) and cancel orders affected by inaccuracies, at any time without notice.

13. PROHIBITED USES

You may use the Services only for lawful purposes and not to: violate laws; infringe rights; harass or harm others; transmit misleading information; send spam; impersonate others; upload malicious code; scrape or collect personal data; interfere with security features; or otherwise engage in conduct we deem harmful. We may suspend or terminate access for violations.

14. TERMINATION

We may terminate or suspend access to the Services at any time, with or without notice. Sections intended to survive termination will continue to apply.

15. DISCLAIMER OF WARRANTIES

EXCEPT AS EXPRESSLY STATED BY SOMNOIA, THE SERVICES AND ALL PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. Some jurisdictions do not allow certain disclaimers; those limitations may not apply to you.

16. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, SOMNOIA AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, AND LICENSORS (AND SHOPIFY AND ITS AFFILIATES) SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR REPLACEMENT COSTS, ARISING FROM OR RELATED TO THE SERVICES OR PRODUCTS, EVEN IF ADVISED OF THE POSSIBILITY. Some jurisdictions limit liability; those limitations may not apply to you.

17. INDEMNIFICATION

You agree to indemnify and hold harmless Somnoia, Shopify, and their respective affiliates and personnel from claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of your breach of these Terms, violation of law or third-party rights, or use of the Services.

18. SEVERABILITY

If any provision is unlawful or unenforceable, it will be enforced to the maximum extent possible and the remainder will remain in effect.

19. WAIVER; ENTIRE AGREEMENT

Our failure to enforce a provision is not a waiver. These Terms, together with posted policies, are the entire agreement between you and us regarding the Services.

20. ASSIGNMENT

You may not assign these Terms without our prior written consent. We may assign or transfer these Terms without notice.

21. GOVERNING LAW

These Terms and any disputes arising out of or related to the Services are governed by the laws of the State of New York, USA, without regard to conflict-of-laws rules. You consent to the exclusive jurisdiction and venue of the state and federal courts located in New York, New York.

22. HEADINGS

Headings are for convenience only and do not affect interpretation.

23. CHANGES TO TERMS

You can review the current version of these Terms at any time on this page. We may update these Terms by posting changes on the website and, where required by law, by providing notice. Your continued use of the Services after changes become effective constitutes acceptance.

24. CONTACT INFORMATION

Questions about these Terms may be sent to info@somnoia.com.
Mailing address: Somnoia, 1178 Broadway, New York, NY 10001, USA