Terms and Conditions

Introduction

These Terms and Conditions (“Terms”) govern your access to and use of the Mentally Exhausted® Pajamas website at mentally-exhausted.shop (the “Site”) and our online store services (the “Services”).

Please read these Terms carefully before using our Site or Services. By accessing the Site or using any Services, you agree to become bound by these Terms. If you do not agree to all the Terms, then you may not access or use the Site or Services.

Mentally Exhausted® Pajamas provides an ecommerce platform to browse and purchase unique pajama designs and other sleepwear products. By ordering products on our Site, you agree to the policies and terms outlined here.

We may periodically make changes to these Terms. It is your responsibility to review these Terms for any updates. Your continued use of our Site or Services after changes are published constitutes your acceptance of the amended Terms.

Use of Site and Services

You must be at least 13 years old to use our Site or Services. If you are under 13, you may not access or use the Site or Services. If you are at least 13 but still a minor in your jurisdiction, you must have your parent or legal guardian’s permission to use the Site and Services.

Your access and use is subject to all applicable laws. You are responsible for complying with all applicable laws and regulations when accessing or using our Site or Services. We reserve the right to refuse service to anyone for any reason at our sole discretion.

You are responsible for providing your own internet access, equipment, and software. To access our Site and use our Services, you must obtain any equipment and software needed at your own expense. This includes computers, phones, tablets, internet connectivity, and software such as modern web browsers.

Accounts and Passwords. You may need to create an account to place an order or access certain features. You are responsible for protecting your account password and maintaining its confidentiality. You agree to notify us immediately of any unauthorized use of your account.

Content Rights. The content on our Site and Services, including text, graphics, images, logos, tools, photographs, videos, illustrations, and other materials, is our exclusive property or the property of our licensors. All such content is protected by copyright, trademark, and other intellectual property laws.

License to Use. By accessing our Site or using our Services, we grant you a limited, personal, non-transferable, non-exclusive, revocable license solely to use the Site and Services for their intended purposes subject to these Terms.

Restrictions. You shall not: modify, translate, reverse engineer, decompile, disassemble the Site or Services in whole or part; copy, redistribute, sublicense, rent, lease, sell, transfer, or otherwise share any content or access on the Site or Services; remove any proprietary notices from the Site or Services; infringe or violate any of our intellectual property rights.

No Warranties. THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS OF ANY KIND. WE DISCLAIM ALL WARRANTIES TO THE FULLEST EXTENT PERMITTED BY LAW.

Limitations of Liability. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MENTALLY EXHAUSTED® PAJAMAS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES.

Indemnification. You agree to indemnify, defend, and hold us harmless from any claims, damages, liabilities, costs, and expenses arising from your use of the Site or Services or violation of these Terms.

Termination. We may terminate your access and use at any time without notice if you violate these Terms. You may discontinue use at any time by closing your account.

Online Purchases

The following terms apply when you purchase products on our Site:

Product Descriptions are provided for convenience only and may not accurately depict size, color, material, and other attributes. We shall not be liable for any errors or inaccuracies in product information.

Prices and Availability are subject to change anytime without notice. Prices do not include taxes or shipping costs which are charged at checkout. We cannot guarantee availability of any product.

Promotional Offers such as discounts and free gifts are limited time only, subject to conditions, and available while supplies last. We reserve the right to substitute promotional items with items of equal or greater value.

Payments are processed by third-party payment providers. We accept major credit cards and PayPal. You represent you are authorized to use the payment method provided.

Recurring Payments such as subscriptions may automatically charge your payment method on a recurring basis. You authorize recurring charges until you cancel. Failure to update expired payment details may result in non-delivery of products or access.

Taxes appropriate sales tax will be added to your order total at checkout based on your shipping destination and our tax nexus obligations. You are responsible for all import duties and customs fees when shipping internationally.

Shipping and Delivery timeframes displayed at checkout are estimates only and subject to carrier transit times. We ship most orders within 1-3 business days. You will receive email notifications about order status and tracking information when available.

Returns and Refunds may be requested within 30 days of receiving your order. Refunds are credited back to your original payment method. Any shipping costs are non-refundable. Products must be returned in original condition with tags attached.

Account Termination may result in forfeiture of any rewards points, store credit, or other benefits associated with your account. We reserve the right to limit quantities or block orders we deem suspicious or abusive.

User Content

You are responsible for any material you upload, post, email, transmit, or otherwise disseminate on or through the Site or Services. You grant us a perpetual, worldwide, non-exclusive, royalty-free license to use, store, reproduce, modify, display, distribute, and commercialize any user content.

You represent and warrant you have all necessary rights to grant the foregoing license. User content does not reflect our views and we do not guarantee the accuracy, integrity, or quality of user content. You are solely responsible for your interactions with others via the Site and Services.

We reserve the right to remove or disable access to any user content from the Site and Services at any time without notice for any reason.

Copyright and Trademark

We respect intellectual property rights of others. We require that information posted by users be accurate and not in violation of copyright or trademark laws.

Per our DMCA policy, we will remove or disable access to content after receiving proper notice from the copyright holder or their agent.

Our designated agent for copyright takedown notices is:

Email: [email protected]

Advertisements and Promotions

The Site and Services may contain sponsored posts and advertising by third parties. Advertisements and promotions may be targeted based on information we collect from you such as your browsing history, purchases, and location.

Any transactions you enter into with third-party advertisers are between you and the advertiser. We are not responsible for the content of third-party promotions or accessibility of any linked third-party websites or applications.

Contests and Sweepstakes

We may periodically run contests, sweepstakes, or other promotions on our Site and Services. Each promotion has its own official rules which govern that promotion. You are responsible for reading and complying with the official rules posted for each promotion.

Email Communications

By creating an account or making a purchase, you agree to receive promotional emails, newsletters, push notifications, and other marketing communications from us. You may opt-out of these communications at any time by clicking the “unsubscribe” link in any email or adjusting your account settings.

We aim for our essential communications regarding orders, accounts, safety, and legal notices to be infrequent, but they may still occur before you opt-out. We are not responsible for removing your personal information from the lists of third parties who received your information in accordance with this policy or applicable law.

Security and Privacy

We implement reasonable technical and organizational measures designed to protect your personal information; however, no system is completely secure. We do not guarantee the security of your information against unauthorized access, loss, misuse, or alteration.

By using our Site and Services, you acknowledge and accept the inherent risks of providing information over the internet. We recommend you use strong passwords and avoid providing sensitive information that may allow access to your accounts.

Our privacy policy provides additional details about information we collect and how it is handled.

Modifications

We reserve the right to modify these Terms from time to time at our sole discretion. Any modifications become effective immediately upon posting the updated Terms. Your continued use after an update constitutes acceptance of the modifications.

You should review these Terms periodically for any changes. If any change is unacceptable to you, you must stop accessing and using the Site and Services. Your continued use after we publish or send a notice about our changes to these Terms means you accept the updated terms.

Dispute Resolution

If any controversy or claim arises out of or relates to these Terms or your use of our Site or Services, we encourage you first to contact us and attempt to resolve it informally.

If a dispute is not resolved within 30 days of submission, either party may elect to submit the dispute to formal binding arbitration administered by an arbitrator from the American Arbitration Association. The arbitration will be conducted in English in Sleepytown, NY under the AAA’s Consumer Arbitration Rules.

Judgment on any arbitration award may be entered in any court with jurisdiction. You and Mentally Exhausted® Pajamas agree to submit to personal jurisdiction in Sleepytown, NY to resolve any arbitration.

Class Action Waiver

You agree that any claims must be pursued on an individual basis. Neither you nor Mentally Exhausted® Pajamas may join or consolidate claims or participate in a class action, private attorney general action, or other representative proceeding.

Choice of Law

These Terms are governed by the laws of the State of New York without regard to its conflict of laws principles. However, certain laws may apply in your home jurisdiction regarding specific provisions such as your rights as a consumer or protection of personal information.

Severability

If any provision of these Terms is found to be unenforceable, the remaining Terms will remain in effect. Failure to enforce any provision shall not constitute a waiver of that provision.

Contact Us

If you have any questions about these Terms, please contact us at:

Mentally Exhausted® Pajamas
Attn: Legal Department
1234 Pajama Ln
Sleepytown, NY 54321
United States