Terms of service

Last Updated February 2025

Welcome to https://toozisleepwear.com/ (“Website”).  We are a global sleepwear and lifestyle brand for women and men. Please read these Terms of Service and the posted Privacy Policy (collectively “Terms of Service”) carefully before visiting our website, purchasing our products, or utilizing our services, features, promotions, credits, content, or apps (collectively “Products”).  These terms of use are entered into by and between you (“You” or “you”) and Toozi Sleepwear Limited, d/b/a Toozi (“Toozi”, “we”, “us” and “our”).  If you are purchasing our Products outside of the United States, you agree that by accessing this Website and using our Products, you waived all international treaties and rights you may have in your country.  These Terms of Service are a legally binding contract for your use of our Website and Products.  You represent and warrant that you are at least 18 years of age.

This Website is provided by us solely to provide customers with information about our products and enable customers to make legitimate purchases, and for no other purposes. By browsing, registering, or purchasing our Products through our Website or our mobile applications (“Apps”), you agree to these Terms of Service and any additional rules, policies, and procedures that may be published from time to time on our Website or through our Products.  If additional terms are posted, those terms are incorporated by reference to the posted Terms of Service.  If you do not accept these Terms of Service, you are not permitted to, and you must not, access or purchase Products from us.

ARBITRATION NOTICE AND CLASS ACTION WAIVER. 

THESE TERMS AND CONDITIONS PROVIDE THAT ALL DISPUTES BETWEEN YOU AND TOOZI THAT IN ANY WAY RELATE TO THESE TERMS AND CONDITIONS OR YOUR USE OF THE WEBSITE WILL BE RESOLVED BY BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) TO ASSERT OR DEFEND YOUR RIGHTS UNDER THESE TERMS AND CONDITIONS. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY AND YOUR CLAIMS CANNOT BE BROUGHT AS A CLASS ACTION. PLEASE REVIEW THE SECTION BELOW ENTITLED ARBITRATION FOR THE DETAILS REGARDING YOUR AGREEMENT TO ARBITRATE ANY DISPUTES WITH TOOZI. 

CONTENT DISCLAIMER.

For purposes of these Terms of Service, the term “Content” includes, without limitation, information, data, text, photographs, illustrations, videos, audio clips, artwork, products, written posts and comments, scripts, graphics, and interactive features, provided or otherwise made accessible on or through the Products.  Although we do our best to ensure our content is accurate and up to date, there may be mistakes or misstatements in the Content.  Our Content is not a substitute for information from experts or professionals in an applicable area.  You agree that all Content relied upon by you while using the Products is at your own risk and you will be solely responsible for any damage or loss to you or any other person resulting therefrom.  We do not guarantee that any Content will be made available on our Website, Apps, or Products.  We reserve the right, but not the obligation, to: (i) remove, edit, or modify any Content or Products in our sole discretion, at any time, without notice to you and for any reason or for no reason at all; and/or (ii) remove or block any Content from our Website and Products.

USER CONTENT TERMS AND DISCLAIMER.

Any user Content submitted to us by any method including uploaded, distributed, or posted to the Website, Apps, or Products, however transmitted, including, without limitation, product reviews, photographs, videos, or comments (collectively “User Content”), is the sole responsibility and liability of the person who originated the User Content.  User Content includes Content provided third-party services such as a social media accounts (e.g., Facebook, Instagram, Twitter, etc.).  If User Content references or tags any of our Products, the author represents that all such User Content is accurate, complete, up-to-date, and in compliance with all applicable laws, rules, and regulations.  User Content that you submit must not: (i) contain any third-party intellectual property or privacy rights of a third-party; (ii) be defamatory or threatening; (iii) impersonate any person or entity; (iv) contain unauthorized advertising; (v) transmit or distribute any virus and/or other code that has contaminating or destructive elements; or (vi) include personal information of third parties without their express consent in accordance with applicable privacy laws.

You retain all ownership rights in your User Content. However, upon submission of User Content, you grant us a worldwide, perpetual, irrevocable, non-exclusive, sub-licensable (through multiple tiers), fully paid, royalty-free license and right to use, copy, transmit, distribute, publicly perform, and display (through all media now known or hereafter created), edit, modify, and make derivative works from your User Content (including, without limitation, your name and likeness, photographs, and testimonials) for any purpose whatsoever, commercial or otherwise, without compensation to you. We will process any personal information contained in User Content in accordance with our Privacy Policy and applicable data protection laws.  This license is extended to all users of our Website, Apps, and Products.  This License will extend in perpetuity including after your termination of your account or the Products.

Any feedback, reviews, comments, suggestions, or recommendations for modifications, improvements or changes to our Website, Apps, or Products you provide to us (collectively “Feedback”) shall be solely owned by us including all intellectual property rights therein and thereto.  Your submission constitutes your agreement to irrevocably assign to us all of your right, title, and interest in and to all Feedback, including, without limitation, all worldwide patent, copyright, trade secret and other proprietary or intellectual property rights therein.

We reserve the right to access, read, preserve, and disclose any information or User Content, in accordance with applicable data protection laws and our Privacy Policy, as we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process, or governmental request; (ii) enforce these Terms of Service, including, without limitation, the investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security, or technical issues; (iv) respond to user support requests; or (v) protect the rights, property, or safety of us, our users, and the public.

We do not investigate or confirm any User Content.  We disclaim any and all accuracy to statements, images, or other representations, warranties, or guarantees contained within any User Content.  Such content is viewed and relied upon at your sole risk and is presented as is.

INTELLECTUAL PROPERTY RIGHTS.

The Website, Apps, and Products may contain Content specifically owned or licensed to us and is protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws.  You agree to abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Products.  You agree to not sell, license, rent, or otherwise use or exploit any Content for commercial use or in violate any third-party intellectual property ownership and rights.

LIMITED, REVOCABLE USE LICENSE.

Our Content, as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of the Website, Apps, and Products, are owned, controlled, and/or licensed by or to us.  Subject to these Terms of Service, we grant each user of a limited worldwide, non-exclusive, non-sublicensable, non-transferable and revocable license to use (i.e., to download and display locally) Content solely for their personal purposes.  No commercial license is granted to you.  You agree not to distribute, copy, or duplicate our Content and Products for a commercial purpose.

SMS TERMS.

Some of our Products may allow you to receive SMS, MMS, or other text messages which promote our Products (each, a “Text Message”).  To the extent you agreed to receive such Text Messages from us sent directly to your mobile phone, the following terms shall apply:

Express Written Consent.

By providing us with your wireless phone number, you confirm that you want us to send you information that we think may be of interest to you to such phone number, which may include using automated dialing technology, to send you Text Messages at the wireless number you provided.  We retain marketing Text Message data for 24 months from your last interaction, while transactional Text Message data is retained for 36 months to support order history and customer service needs.

Fees Apply.

Your mobile provider’s standard message and data rates may apply to our confirmation Text Message and all subsequent Text Messages depending upon your individual data and/rate plan by your wireless carrier.  Please consult your mobile service carrier’s pricing plan to determine the charges for browsing data and sending and receiving Text Messages.  Under no circumstances will we be responsible for any text messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number If your carrier does not permit Text messages, you may not receive our promotional and/or transactional Text Messages, including but not limited to order confirmations, shipping updates, and marketing communications.  You can opt-out of receiving any further Text Messages from us by replying “STOP” to any Text Message you receive from us.

Text Disclaimer.

We will not be liable for any delays in the receipt of any Text Messages, as delivery is subject to effective transmission from your network operator.  Text Message services are provided on an “AS IS” basis.  Data obtained from you in connection with any Text Message services may include your cell phone number, your provider’s name, and the date, time, and content of your messages.  We may use this information to contact you and to provide the Products you request from us.

Opt-Out or Stop Text Message.

You can opt-out of receiving any further Text Messages from us by replying “STOP” to any Text Message you receive from us. Please note that even if you opt out of marketing Text Messages, you may still receive transactional or service-related Text Messages about your orders, account security, and other non-promotional communications essential to your transactions with us. For help, reply “HELP” to any Text Message you receive from us or email us at help@toozisleepwear.com.

PROHIBITED USER CONDUCT.

You agree not to take the following actions: (i) any action that imposes or may impose an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Website, Apps, or Products; (iii) bypass, circumvent, or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Products, other accounts, our computer systems, or networks; (iv) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of our Website; (v) harvest or scrape any Content; (vi) distribute false, misleading, untruthful, unlawful, or inaccurate information; (vii) promote software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, or interfere with the proper function of any software, hardware, or our equipment or to damage or obtain unauthorized access to any system, data, password, or other information of ours or of any third-party.

You further agree not to directly or indirectly take the following actions: (i) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Products (including, without limitation, any application); (ii) modify, or otherwise create derivative works of any part of our Products; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder to any other party or third person.

CAN-SPAM ACT COMPLIANCE 

Toozi is committed to being compliant with the Controlling the Assault of Non-Solicited Pornography and Marketing Act (“CAN-SPAM ACT”). Emails and newsletters received from us are intended to fully comply with the CAN-SPAM ACT. In the event you receive an email from us which you do not believe is fully compliant with the CAN-SPAM ACT, please contact us immediately at help@toozisleepwear.com or call us at legal@toozisleepwear.com. 

ORDERING, DELIVERY, PAYMENTS, BILLING AND RETURN.

Orders. 

You may order our Products solely for your personal, non-commercial use. Once delivered, our Products (i) may not be resold, redistributed, exported, transferred, or used for any commercial purpose whatsoever, (ii) may not be listed, offered, or sold through any online sales channels, online marketplaces, retail locations, or other distribution channels, and (iii) must remain in their original packaging and condition.  The rights you have under these Terms of Service are personal to you and are non-transferable.  Please note that we expressly prohibit the resale of our products and cannot offer refunds, exchanges, warranties, guarantees or customer service for products that have been acquired from any unauthorized reseller, including, but not limited to, any seller on Amazon, eBay, or similar online marketplaces. All orders of our products must be for personal use only.  By purchasing our products, you agree not to resell or distribute such products for any commercial purposes, including through e-commerce sites (e.g., eBay, Amazon, Facebook) or provide them to any person or entity who you know is likely to sell them on such sites.  If we have reason to believe that your order is not for personal use, we reserve the right to reject or cancel any order that you place.

Confirmation. 

After submitting your order and providing a payment method, a page will be displayed confirming that the order was received.  An email or Text Message confirming receipt of the order will also be sent to you shortly after the order is submitted.  If an order confirmation does not arrive within 24 hours after submission, you agree to contact Toozi Sleepwear Limited Online Customer Service by email at help@toozisleepwear.com for assistance.

Shipping. 

Toozi orders are shipped on business days (Monday through Friday 9am-4:00pm excluding major holidays).  Only authorized orders will be processed and shipped.  All orders are subject to authorization.  If an order was not shipped, was incorrectly shipped, is missing a product or contains a damaged or defective item, You agree to contact Toozi Online Customer Service by email at help@toozisleepwear.com within thirty (30) days for assistance.  Toozi shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control, including but not limited to acts of God, war, strikes, lockouts, riots, acts of terrorism, epidemics, pandemics, governmental regulations superimposed after the fact, fire, communication line failures, power failures, earthquakes, floods,other natural disasters ("Force Majeure Events") .  Toozi is not responsible for any lost or damaged packages once delivered by the carrier.  We offer Free Standard Shipping on orders over $100.00 only. We do not offer Free shipping for P.O. Boxes. P.O. Boxes will have an additional $9.95 shipping fee applied. An additional flat fee of $9.95 will be applied to orders over $100.00 going to Hawaii and Alaska. The Toozi website currently has free shipping over $100.00 only and applicable shipping rates as published on the Website under $100.00.

Terms of Payment. 

We accept payment through Stripe and other major payment methods as specified on our Website during checkout. All payments must be made in full at the time of purchase. We use a third-party payment processor (“Payment Processor”). The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer, or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, including in cases of declined or disputed charges, you agree to pay all amounts due on your billing account upon demand, plus any applicable late fees, chargeback fees, or collection costs.

REFUND AND RETURN POLICY

Standard Return Policy

At Toozi Sleepwear Limited, customer satisfaction is our priority, and we aim to provide quality products. We accept returns of non-custom items within 15 days of delivery. To qualify for a return, items must be unworn, unwashed, and in their original condition with all tags attached and original packaging intact. Items showing any signs of wear, damage, or alteration will not be accepted for return. Please contact our customer service at help@toozisleepwear.com to initiate a return. You will be responsible for return shipping costs unless the return is due to an error on our part.

Custom Items

Custom items, including but not limited to personalized or made-to-measure items, are not eligible for returns or refunds due to their personalized nature. All sales of custom items are final. 

Refund Process

Once we receive and inspect your returned item, we will notify you of the approval or rejection of your refund. Approved refunds will be processed, and a credit will be applied to your original payment method within 30 days. For international orders, refunds will be calculated in USD, and any currency exchange variations, international transaction fees, customs duties, or import taxes are not covered by Toozi Sleepwear Limited and will not be refunded. The customer is responsible for all such fees and charges.

Exchanges

Exchanges are only accepted for the same item in a different size or color within 15 days of delivery, subject to availability. Customer is responsible for all exchange shipping costs. Please contact us at help@toozisleepwear.com to process an exchange.

Damaged or Defective Items

If your item arrives damaged or defective, you must contact us within 48 hours of receipt with clear photos of the damage/defect and your order confirmation. After verification, we will, at our sole discretion, provide either a replacement or refund. Failure to report issues within 48 hours may void any claim for damage or defects.

Price Adjustments

We do not offer price adjustments or price matching on previously purchased items. All prices are final at the time of purchase.

TERMINATION.

We may terminate your access to all or any part of our Website, Apps, or the Products at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your account.  If you wish to terminate your account, you may do so by following the instructions on the Website.  Any fees paid hereunder are non-refundable.  All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity provisions, and limitations of liability. If you wish to terminate your account please contact help@toozisleepwear.com

WARRANTY DISCLAIMER AND RELEASE.

We have no special relationship with or fiduciary duty to you.  You acknowledge that we have no duty to take any action regarding which users gain access to the Products, or how you may interpret or use the Content.  You release us, our officers, directors, and employees from all liability arising out of or relating to your having acquired or not acquired Content through the Products.  We make no representations concerning any Content contained in or accessed through the Website, Apps, or Products, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Products.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE WEBSITE, APPS, AND ALL CONTENT, PRODUCTS, AND MATERIALS THEREON ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.  WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT: (I) THE PRODUCTS WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR (III); THE RESULTS OF USING THE PRODUCTS WILL MEET YOUR REQUIREMENTS.  YOUR USE OF THE PRODUCTS IS SOLELY AT YOUR OWN RISK.  SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY.

TO THE GREATEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE, OR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR CONTENT PROVIDERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE WEBSITE, APPS, OR PRODUCTS: (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR PRODUCTS, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING); (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION); OR (III) FOR ANY DIRECT OR INDIRECT DAMAGES IN EXCESS (IN THE AGGREGATE) OF THE GREATER OF: (A) FEES PAID TO US FOR THE PARTICULAR PRODUCTS DURING THE IMMEDIATELY PREVIOUS THREE (3) MONTH PERIOD; OR (B) $75.00.  THESE LIMITATIONS WILL ONLY APPLY TO THE EXTENT PERMITTED BY LAW AND DO NOT APPLY TO DEATH OR PERSONAL INJURY RESULTING FROM OUR ACTS OR OMISSIONS OR TO LIABILITY RESULTING FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

DISPUTE RESOLUTION.

ARBITRATION CLAUSE AND CLASS ACTION WAIVER

Any controversy or claim arising out of or relating to the Website, Apps, Products, or this Terms of Service Agreement, or the breach thereof, will be settled by binding arbitration and that we both waive our respective rights to a trial by jury and settle the dispute by submitting the controversy to binding arbitration.  You and we agree to waive all rights to trial by jury or to any court.

The arbitration will be filed with, and administered by, Judicial Arbitration and Mediation Services (“JAMS”) under its consumer rules and procedures.  Copies of the rules and procedures are available at the JAMS website at www.jamsadr.com/adr-rules-procedures/.  The arbitration will be conducted by a single arbitrator who has the authority to determine jurisdiction and arbitrability issues as a preliminary matter, except the arbitrator shall not have the authority to determine whether the arbitration can proceed on behalf of or against a class.

Notwithstanding the rules of the JAMS, the following will apply to all arbitration actions:

●      All arbitration proceedings will be held in Fort Lauderdale, Florida.

●      The arbitration agreement and the arbitration will be governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq.  To the extent that there is a conflict between the Federal Arbitration Act and Delaware law, the Federal Arbitration Act prevails. The Federal Rules of Evidence will apply in all cases.

●      The arbitrator shall have no authority to award punitive damages.  Each Party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration, except where an applicable statute or other law allows for punitive damages.

Each party to the arbitration will be responsible for its own costs and expenses of arbitration, including legal and filing fees, except where an applicable statute or other law provides for recovery of legal fees and costs.  The decision of the arbitrator will be final and binding on the parties and may, if necessary, be reduced to a judgment in any court of competent jurisdiction.

You and We agree and understand that maintaining confidentiality of disputes and dispute resolution is of the utmost importance and agree that each of Us will maintain the confidentiality of the entire arbitration process and will not disclose to any person not directly involved in the arbitration process:

●      The substance of, or basis for, the controversy, dispute, or claim.

●      The content of any testimony or other evidence presented at an arbitration hearing or obtained through discovery in arbitration.

●      The terms or amount of any arbitration award.

●      The rulings of the arbitrator(s) on the procedural and/or substantive issues involved in the case.

You and We agree that the arbitrator shall have no authority to proceed with class-wide arbitration.  Each party may assert a claim or counterclaim only in that party’s individual capacity and not as a plaintiff or class member in any purported class proceeding.  Notwithstanding anything to the contrary in the JAMS rules, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of class proceeding.  UNDER THE ARBITRATION PROCEDURES OUTLINED IN THIS SECTION, AN ARBITRATOR SHALL NOT COMBINE OR CONSOLIDATE MORE THAN ONE (1) OF YOU OR OUR CLAIMS WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES TO AN ARBITRATION PROCEEDING.

In the event the prohibition on class arbitration is deemed invalid or unenforceable, then the entire agreement to arbitrate will be null and void.

You may opt out of this Agreement to Arbitrate. If you do so, neither you nor we can require the other to participate in an arbitration proceeding. To opt out, you must notify us in writing, within 30 days of the date that you first began using this Website subject to these arbitration terms or changes to them, either by U.S. mail delivered to: Attn: Greenspoon Marder, LLP, 600 Brickell Ave, 36^th Floor, Miami, FL 33131 or by email delivered to legal@toozisleepwear.com. You must include: (1) your name and residence address; (2) the email address and/or mobile telephone number associated with your account; and (3) a clear statement that you want to opt out of this agreement to arbitrate.

WAIVER OF CLASS ACTIONS.

YOU AND WE AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING, WITHOUT LIMITATION, FEDERAL OR STATE CLASS ACTIONS OR CLASS ARBITRATIONS.

INDEMNIFICATION.

You shall defend, indemnify, and hold Us, our affiliates, officers, directors, employees, agents, and representatives harmless from and against all liabilities, claims, damages, settlements, judgments, losses, costs and expenses (including reasonable attorneys’ fees and court costs) that arise from or relate to: (a) your use or misuse of, or access to, the Products or Content in violation of these Terms of Service; or (b) infringement by you, or any third-party using your account or identity in the Products, of any intellectual property or other right of any person or entity. We reserve the right, at our sole discretion, to: (i) assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will assist and cooperate with Us in asserting any available defenses; or (ii) participate in the defense of any such matter with counsel of our choosing at Your reasonable and documented expense. You may not settle or compromise any claim subject to indemnification under this section without Our prior written consent.

GOVERNING LAW AND JURISDICTION.

These Terms of Service shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to its conflicts of law principles, and the laws of the United States of America.  Subject to the Disputes section above, you agree that any dispute arising from or relating to the subject matter of these Terms of Service shall be governed by the exclusive jurisdiction and venue of the state and federal courts in Fort Lauderdale, Florida.

MODIFICATION.

We reserve the right, in our sole discretion, to modify or replace any portions of these Terms of Service, or change, suspend, or discontinue the Website, Apps, and Products, in whole or in part, (including, without limitation, the availability of any feature, database, or content) at any time without notice.  We may also impose limits on certain features and Products or restrict your access to parts or all of the Products without notice or liability.  While we will use commercially reasonable efforts to timely provide notice of modifications, it is also your responsibility to check these Terms of Service periodically for changes.  Subject to the Disputes section, your continued use of the Products following notification of any changes to these Terms of Service constitutes acceptance of those changes.

COPYRIGHT/TRADEMARK INFORMATION

 Toozi , the Toozi logo, Sleep Beautifully and other marks used on this site are the registered and unregistered trademarks of Toozi (the “Marks”) and our property. You are not permitted to use these Marks or the property of other third parties without our prior written consent or the consent of such third party which may own the trademarks. 

DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE

While we disclaim any responsibility or liability for copyrighted materials posted on our Website by third parties, we are committed to protecting intellectual property rights and will respond promptly to notices of alleged infringement that comply with the DMCA. We are committed to complying with copyright and related laws, and we require all users of the Website to comply with these laws. Accordingly, you may not store any material or content on the Website, or use the Website to disseminate any material or content that constitutes an infringement of third-party intellectual property rights, including rights granted by copyright law. Owners of copyrighted works in the United States who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the US Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is our policy to terminate privileges of any user who repeatedly infringes the copyright rights of others upon receipt of proper notification to us by the copyright owner or the copyright owner’s legal agent. We will terminate such user's account within 24 hours of making a determination of repeat infringement.  

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, you must submit a written notification to our Designated Copyright Agent at the contact information provided below. This is the required procedure for submitting DMCA notices to us. Upon our receipt of a proper notice of claimed infringement under the DMCA, we will respond within a commercially reasonable timeframe to remove, or disable access to, the material claimed to be infringing. We will send confirmation of such removal to the notifying party within 24 hours of taking action. We will follow the procedures specified in the DMCA to resolve the claim, including promptly notifying the alleged infringer of the takedown. Please address any such claims to help@toozisleepwear.com along with the following information: 

• An electronic or physical signature and full legal name of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• A description of the copyrighted work or other intellectual property that you claim has been infringed;
• A description of where the material that you claim is infringing is located on the Website, including at a minimum, if applicable, the URL of the link shown on the Website where such material may be found; 
• Your address, phone number, and email address;
• Include the following statement, "I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)”; and   
• Include the following statement, "I hereby state that the information in this Copyright Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed." 

 

SANCTIONS AND EXPORT POLICY

You may not use our Website to purchase products if you are the subject of US sanctions or of sanctions consistent with US law imposed by governments of the country where you reside. You must comply with US or other export restrictions that may apply to goods purchased by you using our Website. 

MISCELLANEOUS.

ENTIRE AGREEMENT AND SEVERABILITY.

These Terms of Service are the entire agreement between you and us with respect to the Products, including use of the Website and the Apps, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between You and us with respect to the Products.  If any provision of these Terms of Service is found to be unenforceable or invalid by a court of competent jurisdiction, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable, and the parties agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision.  The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

FORCE MAJEURE.

We shall not be liable for any delay or failure to perform our obligations hereunder where such delay or failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation, acts of God, pandemic or disease epidemic, embargoes, or blockades, national or regional emergency, flood, fire or explosion, cybersecurity incidents, supply chain disruptions, labor disputes, utility failures, governmental actions, or other force majeure events.

ASSIGNMENT.

These Terms of Service are personal to you, and are not assignable, transferable, or sublicensable by you except with our prior written consent.  We may assign, transfer, or delegate any of our rights and obligations hereunder without consent.

NOTICES.

Unless otherwise specified in these Terms of Service, all notices under these Terms of Service will be in writing and will be deemed to have been duly given: (i) when received, if personally delivered, or sent by certified or registered mail, return receipt requested; (ii) when receipt is electronically confirmed, if transmitted by facsimile or email; or (iii) the day after it is sent, if sent for next day delivery by recognized overnight delivery service.  Electronic notices to you should be sent to your primary email address on your account. Electronic notices to us must be sent to help@toozisleepwear.com or such other address as we may specify in writing.

NO WAIVER.

Our failure to enforce any part of these Terms of Service shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Service.  Waiver of compliance in any particular instance does not mean that we will waive compliance in the future.  In order for any waiver of compliance with these Terms of Service to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.

HEADINGS; INTERPRETATION.

The section and paragraph headings in these Terms of Service are for convenience only and shall not affect their interpretation.  Any use of the words “including”, “for example” or “such as” in these Terms of Service shall be read as being followed by “without limitation” where appropriate.

ELECTRONIC SIGNATURE

In accordance with the Uniform Electronic Transactions Act (UETA) and the Electronic Signatures in Global and National Commerce Act (E-SIGN Act), WE HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE PRODUCTS AND/OR PRODUCTS OFFERED. Further, to the extent permitted by applicable law, You hereby waive any rights or requirements under any applicable statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.

PRICING AND PAYMENT

All product prices are listed in United States Dollars (USD). Prices are subject to change at any time, and we reserve the right to change prices at any time. The price charged for a product will be the price in effect at the time the order is placed. For international customers, all transactions will be processed in USD, and any currency conversion will be performed by the customer's payment provider at their then-current exchange rates.

Payment Processing: Your credit card or payment method will be charged by "Toozi Sleepwear Limited" or our authorized payment processor. By placing an order, you authorize us to charge the full purchase amount, including any applicable taxes, shipping fees, and other charges, to the payment method you provide.

Taxes, Duties, Additional Fees, and Shipping Delays (a) For U.S. customers, applicable state and local sales tax will be added to your order based on your shipping address. (b) For Canadian customers, Harmonized Sales Tax (HST) will be charged based on your province of residence. (c) International customers are responsible for all import duties, taxes, customs fees, and currency conversion fees that may apply. These charges are not included in the purchase price and will be collected by the relevant authorities in your country or your payment provider. Any currency conversion fees or foreign transaction fees imposed by your payment provider are your responsibility. (d) International shipments may be subject to customs inspection and processing which can result in delays beyond Service Provider's control. Service Provider shall not be liable for any delays, confiscation, destruction, or return of products by customs authorities. Customer assumes all risks associated with customs clearance and international shipping.

Price Errors and Misprints: We make every effort to ensure the accuracy of pricing on our website. However, we reserve the right to refuse or cancel any orders containing pricing errors or misprints, even if the order has been confirmed and your payment method charged. This right to refuse or cancel applies regardless of how the error occurred. If your payment method has already been charged and your order is canceled, we will issue a credit to your payment method within thirty (30) days of the cancellation.