Términos del servicio

TERMS OF SERVICE

OVERVIEW

Welcome to Hypnia. The terms “we”, “us” and “our” refer to Hypnia. Hypnia operates this online store and website, including all information, content, features, tools, products and services available from this site to you, the user (the “Services”). Hypnia uses Shopify’s technology to provide these Services.

These Terms of Service and all policies referenced in them (the “Terms of Service” or “Terms”) describe your rights and responsibilities when using the Services.

Please read these Terms of Service carefully, as they contain important information about your legal rights, including disclaimers of warranties and limitations of liability.

By accessing, browsing, interacting with or using any part of the Services, you agree to be bound by these Terms of Service and by our Privacy Policy [LINK]. If you do not agree to these Terms of Service or the Privacy Policy, you must not use our Services.

ACCESS & ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and that you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.

To use the Services, including accessing our online store, browsing it, or purchasing any products or services, you may be required to provide certain information such as your name, email address, billing address, payment method and shipping address. You represent and warrant that all information you provide is true, accurate, current and complete, and that you have all rights necessary to provide such information.

You are solely responsible for maintaining the confidentiality and security of your account credentials and for all activity that occurs under your account. You may not transfer, sell, assign or otherwise share your account with any other person.

OUR PRODUCTS

We make every effort to display as accurately as possible the colors, features and images of our products in our online store. However, we cannot guarantee that your device’s display of any color or details will be accurate, and the actual product may vary slightly due to device settings and manufacturing differences.

We do not warrant that the quality, appearance or performance of any products or services purchased by you will meet your expectations or be exactly as displayed online.

All product descriptions and pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time and to limit the quantities of any products or services that we offer to any person, geographic region or jurisdiction.

📌 Health-related notice: Our products are not intended to diagnose, treat, cure or prevent any disease. Information provided on the site is for informational purposes only and does not constitute medical advice. Always consult a healthcare professional if you have any concerns.

 ORDERS

When you place an order through the Services, you are making an offer to purchase. Hypnia reserves the right to accept or reject your order for any reason, at our sole discretion. Your order is not accepted until Hypnia confirms acceptance and your payment has been processed.

Please carefully review your order before submitting it, as we may not be able to accommodate change or cancellation requests once an order has been accepted and processed.

If we do not accept, modify or cancel an order, we will attempt to notify you using the email address, billing address or phone number provided at the time the order was made.

Your purchases are subject to returns or exchanges only in accordance with our Refund Policy [LINK].

You represent and warrant that your purchases are for personal or household use only and not for resale or export for commercial purposes.

PRICES & BILLING

Prices, discounts and promotions are subject to change without prior notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email.

Unless expressly stated otherwise, posted prices do not include taxes, shipping charges, handling fees, customs duties or import taxes.

Prices listed in our online store may differ from prices available in other sales channels (such as physical stores, marketplaces or third-party websites).

From time to time, we may offer promotions that are subject to additional terms and conditions. In the event of any conflict between the terms of a promotion and these Terms, the promotion terms will prevail.

You agree to provide current, complete and accurate purchase and account information for all orders. You agree to promptly update your account and other information, including your email address, billing address, and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

You represent and warrant that:
(i) the credit card information you provide is true, accurate and complete;
(ii) you are duly authorized to use such credit card;
(iii) your credit card company will honor the charges incurred by you; and
(iv) you will pay all charges incurred at the posted prices, including shipping, handling and applicable taxes.

SHIPPING & DELIVERY

All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing or events beyond our control.

Once we deliver the products to the carrier, title and risk of loss pass to you.

For more details, please refer to our Shipping Policy [LINK].

INTELLECTUAL PROPERTY

The Services and all related content, including but not limited to trademarks, logos, text, images, graphics, product reviews, videos, audio, design and layout, are owned by Hypnia, its affiliates or licensors, and are protected by copyright and other intellectual property laws in the United States and other countries.

These Terms permit you to use the Services solely for personal, non-commercial use. You may not reproduce, distribute, modify, create derivative works, publicly display, publicly perform, republish, download, store or transmit any material from the Services without our prior written consent.

Nothing in these Terms shall be construed as granting any license or right to you in or to any patents, trademarks, copyrights or other intellectual property rights of Hypnia, Shopify or any third party. All rights not expressly granted are reserved.

OPTIONAL TOOLS

As part of the Services, we may provide you with access to tools or features offered by third parties over which we have no control or oversight.

You acknowledge and agree that we provide access to such tools “as is” and “as available”, without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the Services is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve the terms under which tools are provided by the relevant third-party providers.

Any new features or tools that are added to the Services in the future shall also be subject to these Terms of Service.

THIRD-PARTY LINKS

The Services may include content or links to websites or resources provided by third parties (including embedded functionality). We are not responsible for examining or evaluating the content or accuracy of such third-party materials or websites.

If you choose to access third-party websites or content, you do so at your own risk. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content or any other transactions made in connection with any third-party websites.

Please carefully review the policies and practices of third parties and make sure you understand them before you engage in any transaction.

 RELATIONSHIP WITH SHOPIFY

NOTE: This section describes Shopify’s relationship to your store and should not be removed or altered.

Hypnia uses Shopify’s technology to provide you with the Services. However, any sales or purchases made in our store are between you and Hypnia directly.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales between you and Hypnia, including any injuries, damages or losses you may suffer as a result of products or services you purchase. You expressly release Shopify and its affiliates from any and all claims, damages and liability arising out of or related to your purchases and transactions with Hypnia.

 PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy [LINK], and certain personal information may also be subject to Shopify’s Privacy Policy, available on Shopify’s website.

By using the Services, you acknowledge that you have read and understood these privacy policies.

Because the Services are hosted on Shopify, Shopify may collect and process personal information related to your access and use of the site in order to provide and improve the Services. This information may be transferred to servers and third parties located in countries different from your own. For more details, please review our Privacy Policy [LINK].

 COMMENTS & USER CONTENT

If you submit, upload, post, email or otherwise transmit ideas, suggestions, reviews, feedback, proposals, plans or other content (collectively, “Comments”), you grant us a worldwide, perpetual, irrevocable, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Comments in any media for any purpose, including commercial use.

You represent and warrant that:
(i) you own or control all rights in and to the Comments;
(ii) you have disclosed any compensation or incentive received in connection with providing the Comments; and
(iii) your Comments comply with these Terms.

We may, but have no obligation to, monitor, edit or remove Comments that we determine, in our sole discretion, are unlawful, offensive, threatening, defamatory, obscene, otherwise objectionable or infringe any party’s intellectual property or these Terms of Service.

You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third party.

 ERRORS, INACCURACIES & OMISSIONS

Occasionally there may be information on the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, shipping charges, transit times and availability.

We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information is inaccurate, at any time and without prior notice (including after you have submitted your order).

PROHIBITED USES

You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services:

  • For any unlawful or malicious purpose

  • To violate any international, federal, state, provincial or local regulations, rules, laws or ordinances

  • To infringe upon or violate our intellectual property rights or the intellectual property rights of others

  • To harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate against others

  • To submit false or misleading information

  • To upload or transmit viruses or any other type of malicious code that will or may affect the functionality of the Services

  • To send spam, phishing, chain letters, junk mail or any unsolicited messages

  • To attempt to gain unauthorized access to or interfere with the Services, other accounts or networks

We reserve the right to terminate your use of the Services or any related website for violating any of the prohibited uses.

TERMINATION

We may terminate this agreement and/or your access to the Services at any time, without notice, if we believe you have violated these Terms of Service.

Any obligations and liabilities incurred prior to the termination date shall survive the termination of this agreement, including, without limitation, those relating to Intellectual Property, Disclaimers, Limitation of Liability and Indemnification

 DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk.

EXCEPT AS EXPRESSLY STATED BY HYPNIA, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL HYPNIA, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS, OR SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS PROCURED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, EVEN IF ADVISED OF THEIR POSSIBILITY.

Because some jurisdictions do not allow limitation of liability for consequential or incidental damages, in such jurisdictions our liability shall be limited to the maximum extent permitted by law.

 INDEMNIFICATION

You agree to indemnify, defend and hold harmless Hypnia, Shopify and our respective affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from any claim, demand, loss, liability or expense (including reasonable attorneys’ fees) made by any third party due to or arising out of:
(1) your breach of these Terms of Service or the documents they incorporate by reference;
(2) your violation of any law or the rights of a third party; or
(3) your use of the Services.

We will notify you of any claim subject to indemnification, provided that our failure to promptly notify you will not relieve you of your obligations except to the extent you are materially prejudiced.

 SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.

 WAIVER; ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Services constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written.

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

ASSIGNMENT

You may not assign, transfer or delegate these Terms or any of your rights or obligations hereunder, without our prior written consent, and any attempt to do so shall be null and void. We may assign or transfer these Terms without notice to you.

GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Texas, United States, without regard to its conflict of law provisions.

You and Hypnia agree to submit to the exclusive jurisdiction of the state and federal courts located in Texas, United States.

HEADINGS

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

CHANGES TO THE TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.

CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at: infohypnia@gmail.com

Store Contact Information:
Business name: Hypnia
Email: infohypnia@gmail.com
Business address: 4230 lyndon b johnson fwy 75244
Business phone number: (800) 555-0199