Terms of service

SILENTSLEEP TERMS OF SERVICE

Last updated: 9 August 2026

OVERVIEW

Welcome to SilentSleep.

Throughout these Terms of Service, the terms “SilentSleep,” “we,” “us,” and “our” refer to the business operating the SilentSleep website and store.

SilentSleep provides this website, including its information, content, features, products, services, checkout functionality and other tools, to you subject to these Terms of Service.

Our store is powered by Shopify, which provides the ecommerce platform that enables us to offer our products and services to you.

These Terms of Service, together with our Privacy Policy, Shipping Policy, Refund Policy and any other policies referenced on our website, govern your access to and use of the SilentSleep website and your purchase and use of our products.

By visiting our website, placing an order or otherwise using our Services, you agree to these Terms.

If you do not agree with these Terms or our Privacy Policy, you should not use our Services.

Nothing in these Terms is intended to exclude, restrict or modify any rights or remedies you may have under applicable consumer law that cannot legally be excluded, including rights available to New Zealand consumers under the Consumer Guarantees Act 1993 and Fair Trading Act 1986.


SECTION 1 — ELIGIBILITY, ACCESS AND ACCOUNTS

You must be legally capable of entering into a binding agreement to make a purchase through our store.

When using our Services or placing an order, you may be required to provide information including your name, email address, billing information, payment details and shipping address.

You agree that all information you provide to us will be accurate, complete and current.

If you create an account, you are responsible for maintaining the confidentiality and security of your login credentials and for activity conducted through your account.

You must not transfer, sell, assign or provide your account to another person without our permission.

We reserve the right to refuse access to, suspend or terminate an account where we reasonably believe it is being used unlawfully, fraudulently or in violation of these Terms.


SECTION 2 — OUR PRODUCTS

We make reasonable efforts to ensure that product descriptions, specifications, photographs, colours, dimensions and other product information displayed on our website are accurate.

However, the appearance of a product may vary slightly depending on factors such as your screen, device settings, lighting, manufacturing tolerances or product updates.

We may update product specifications, packaging, accessories or other non-material product details from time to time.

We reserve the right to discontinue products, introduce new products or limit product quantities or availability where reasonably necessary.

Any material change affecting an order already accepted by us will be handled in accordance with applicable consumer law.


SECTION 3 — SILENTSLEEP PRODUCT USE, HEALTH INFORMATION AND SAFETY

SilentSleep products must be used only in accordance with the instructions, warnings, safety information and intended use provided with the product or displayed on our website.

Information provided through the SilentSleep website, advertisements, guides, emails, product materials or other content is provided for general informational and product-education purposes.

SilentSleep does not provide medical diagnosis or individual medical advice.

Unless expressly supported by the specific product's approved intended purpose and applicable regulatory requirements, SilentSleep products should not be treated as a substitute for professional medical diagnosis, prescribed medical treatment or advice from an appropriately qualified healthcare professional.

Snoring can have different causes and product results can vary between individuals.

If you experience symptoms that may indicate a significant sleep-related breathing condition, including repeated breathing pauses during sleep, choking or gasping during sleep, or significant daytime sleepiness, you should seek appropriate professional medical assessment.

You should not discontinue, reduce or replace prescribed treatment, including prescribed CPAP therapy or other treatment for obstructive sleep apnoea, solely because you have purchased or used a SilentSleep product.

You are responsible for reviewing all warnings and contraindications supplied with your product before use.

Do not use a SilentSleep electrical stimulation product if the product instructions state that your medical condition, implanted device, skin condition, age, pregnancy status or other circumstance makes the product unsuitable for you.

Stop using the product if you experience unexpected pain, significant irritation, burning, unusual discomfort or another concerning reaction and seek appropriate advice where necessary.

SilentSleep does not guarantee that a product will produce the same result for every customer.

Nothing in this section limits any rights you may have under applicable consumer law.


SECTION 4 — ORDERS

When you submit an order through our website, you are offering to purchase the products in your order.

Receipt of an automated order confirmation does not necessarily mean that we have accepted your order.

We may decline or cancel an order before dispatch where reasonably necessary, including where there is suspected fraud, an obvious pricing or inventory error, payment failure, an inability to fulfil the order or a legal restriction preventing us from supplying the product.

If we cancel an order after payment has been received, we will refund the amount paid for the cancelled portion of the order using the original payment method wherever reasonably possible.

Please review your order carefully before submitting it.

If you wish to cancel or change an order, contact us as soon as possible. We will make reasonable efforts to assist, but we cannot guarantee that an order can be changed after processing or dispatch has begun.


SECTION 5 — PRICES, PAYMENT AND BILLING

Prices are displayed in the currency shown on our website or checkout.

Prices, promotions and discounts may change from time to time.

The price applicable to your purchase will ordinarily be the price displayed and accepted at checkout when your order is submitted, subject to obvious pricing errors and applicable law.

Any applicable shipping fees, taxes, duties or other charges that are payable by you will be disclosed where required or otherwise explained during checkout or in our applicable policies.

You agree to provide accurate and authorised payment information.

By submitting payment information, you represent that you are authorised to use the payment method provided.

Where third-party payment providers such as Shop Pay, credit card providers or other payment services are used, your payment may also be subject to the provider's applicable terms.

We may offer promotions, discount codes or special offers from time to time. Separate promotional conditions may apply.

Promotions cannot be combined unless we expressly state otherwise.

We will not use false discounts, fabricated previous prices or other misleading promotional pricing.


SECTION 6 — SHIPPING AND DELIVERY

Shipping timeframes displayed on our website are estimates unless expressly stated otherwise.

Actual delivery times may be affected by destination, carrier operations, customs processing, public holidays, weather, peak periods and other factors.

Where SilentSleep arranges delivery to a New Zealand consumer, we remain responsible for meeting our applicable legal obligations relating to delivery.

If an order is materially delayed, lost, damaged in transit or fails to arrive, please contact SilentSleep rather than relying solely on the shipping carrier.

We may require reasonable information from you to investigate a missing or damaged delivery.

You are responsible for ensuring that the shipping address supplied during checkout is complete and accurate.

If an order cannot be delivered because an incorrect or incomplete address was supplied by you, additional shipping charges may apply where permitted by law.

For international purchases, customs duties, import taxes or other government charges may apply depending on the destination. Unless we expressly state that these costs are included, you may be responsible for them.

Please refer to our Shipping Policy for further information.


SECTION 7 — RETURNS, REFUNDS AND THE SILENTSLEEP GUARANTEE

Returns and refunds are handled in accordance with our Refund Policy and applicable consumer law.

Where SilentSleep advertises a 60-Night Guarantee, the additional guarantee is governed by the conditions set out in our Refund Policy.

The 60-Night Guarantee is an additional store guarantee and does not replace, restrict or remove any rights or remedies you may have under applicable consumer law.

Consumable or hygiene-related components, including used adhesive patches, may be subject to different return conditions where permitted by law.

However, nothing in our hygiene, consumable or change-of-mind return rules limits your rights where a product is faulty, unsafe, misdescribed, not of acceptable quality or otherwise fails to meet a guarantee imposed by applicable consumer law.

Please review our Refund Policy before purchasing for full details of our voluntary return and guarantee conditions.


SECTION 8 — INTELLECTUAL PROPERTY

The SilentSleep website and its contents, including trademarks, logos, branding, text, graphics, photographs, videos, illustrations, product designs, advertisements, page layouts and other content, may be owned by or licensed to SilentSleep and may be protected by applicable intellectual-property laws.

You may access and use our website for personal and lawful purposes.

Unless permitted by law or authorised by us in writing, you must not reproduce, copy, distribute, sell, modify, republish or commercially exploit SilentSleep content.

The SilentSleep name, logos, designs, product names and associated branding must not be used in a way that falsely suggests an affiliation with, endorsement by or authorisation from SilentSleep.

Shopify and other third-party names, trademarks and logos appearing through the Services remain the property of their respective owners.


SECTION 9 — OPTIONAL AND THIRD-PARTY TOOLS

Our Services may provide access to tools, payment methods, applications or functionality supplied by third parties.

We do not necessarily control those third-party services.

Third-party tools may be subject to separate terms, privacy policies and conditions imposed by their providers.

Your use of optional third-party tools is at your discretion and subject to the rights available to you under applicable law.

We may introduce, remove or modify optional website functionality from time to time.


SECTION 10 — THIRD-PARTY LINKS

Our website may contain links to websites, services, applications or content operated by third parties.

A link does not necessarily mean that SilentSleep endorses or controls the third-party website or its content.

We are not responsible for the terms, privacy practices or content of independent third-party websites.

If you purchase products or services directly from a third party, your transaction is with that third party and may be governed by their terms.

You should review relevant third-party policies before providing personal information or completing a transaction.


SECTION 11 — RELATIONSHIP WITH SHOPIFY

SilentSleep is powered by Shopify, which provides ecommerce technology used to operate our store.

Products purchased from the SilentSleep store are sold by SilentSleep, not Shopify.

SilentSleep is responsible for its products, product descriptions, orders, customer support, fulfilment and other obligations arising from transactions between SilentSleep and its customers.

Shopify is not the seller of SilentSleep products merely because our store operates using Shopify's platform.

Your use of certain Shopify-powered functionality may also be subject to Shopify's applicable terms and privacy practices.


SECTION 12 — PRIVACY

SilentSleep handles personal information in accordance with our Privacy Policy and applicable privacy law.

For customers in New Zealand, this includes obligations arising under the Privacy Act 2020.

Information collected through our store may be processed by Shopify and other service providers that assist us with ecommerce, payment processing, analytics, fulfilment, customer service, fraud prevention, marketing and related business functions.

Some service providers may process information outside New Zealand.

Please review our Privacy Policy for more information about the personal information we collect, why we collect it, how it may be used or disclosed, and your rights regarding your information.


SECTION 13 — CUSTOMER REVIEWS, FEEDBACK AND USER CONTENT

If you voluntarily submit a review, photograph, video, testimonial, suggestion or other content to SilentSleep, you confirm that you have the right to provide that content.

You remain responsible for the accuracy and legality of content you submit.

You grant SilentSleep a non-exclusive, worldwide, royalty-free licence to reproduce, display, distribute, adapt and use content that you voluntarily submit to us for purposes including operating, improving and promoting our business and products, subject to applicable privacy and consumer law.

We will not knowingly represent a customer review as genuine if we know it is fabricated or materially altered in a misleading manner.

Where incentives have been provided in connection with a review, they should be disclosed where required.

We may remove user content that we reasonably believe is unlawful, fraudulent, abusive, defamatory, misleading, infringes another person's rights or otherwise breaches these Terms.

You must not submit reviews using a false identity or deliberately misrepresent your experience with a product.


SECTION 14 — ERRORS, INACCURACIES AND AVAILABILITY

Despite reasonable efforts to maintain accurate information, our website may occasionally contain errors relating to descriptions, pricing, promotions, shipping information, availability or other content.

We may correct genuine errors and update website information.

If an error materially affects an order you have already placed, we will deal with the situation reasonably and in accordance with applicable law.

We will not rely on this section to remove statutory consumer rights or to impose a materially different transaction on you without your agreement where the law requires that agreement.


SECTION 15 — PROHIBITED USES

You must not use the SilentSleep website or Services for unlawful, fraudulent, malicious or abusive purposes.

You must not use our Services to infringe intellectual-property rights, distribute malware, obtain unauthorised access to systems, impersonate another person, submit fraudulent orders, interfere with website security or engage in conduct designed to damage SilentSleep, Shopify, our customers or third parties.

You must not systematically scrape, extract or reproduce substantial portions of our website or proprietary content for commercial exploitation without permission, except where such activity is permitted by applicable law.

We may restrict or terminate access where we reasonably believe these Terms have been materially breached.


SECTION 16 — TERMINATION

You may stop using our Services at any time.

We may suspend or terminate access to parts of our Services where reasonably necessary because of fraud, unlawful conduct, security concerns or a material breach of these Terms.

Termination does not affect rights or obligations that arose before termination.

Provisions that by their nature should continue after termination, including intellectual-property, payment, liability and dispute provisions, will continue to apply.


SECTION 17 — INFORMATION AND WARRANTIES

We aim to provide accurate and useful information through our website.

However, general educational content on the website should not be treated as personalised medical, legal or other professional advice.

Products supplied to consumers remain subject to any guarantees, warranties or other rights that apply under applicable law.

Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy where it would be unlawful for us to do so.

Any additional SilentSleep warranty or guarantee is provided in addition to those mandatory rights.


SECTION 18 — LIMITATION OF LIABILITY

To the maximum extent permitted by law, SilentSleep will not be liable for indirect, incidental, special or consequential loss arising solely from circumstances outside the scope of liability that applicable law requires us to accept.

Nothing in these Terms excludes, restricts or limits liability where doing so would be unlawful.

In particular, these Terms do not exclude or restrict rights or remedies available to New Zealand consumers under the Consumer Guarantees Act 1993 or Fair Trading Act 1986 where those rights apply.

Where liability can legally be limited, any limitation will apply only to the extent permitted by applicable law.


SECTION 19 — YOUR RESPONSIBILITY FOR MISUSE

You are responsible for losses reasonably arising from your unlawful use of the Services, fraudulent conduct, infringement of another person's rights or intentional misuse of our website.

You agree to cooperate with us where a third-party claim arises directly from unlawful material or conduct submitted or carried out by you through our Services.

Nothing in this section requires a consumer to indemnify SilentSleep for SilentSleep's own unlawful conduct, negligence or breach of statutory obligations where such liability cannot lawfully be transferred.


SECTION 20 — SEVERABILITY

If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be interpreted or limited to the minimum extent necessary where legally possible.

If it cannot be validly interpreted or limited, the affected portion will be severed.

The remainder of these Terms will continue to operate to the extent permitted by law.


SECTION 21 — WAIVER AND ENTIRE AGREEMENT

If SilentSleep does not immediately enforce a provision of these Terms, that does not automatically mean we have waived our right to enforce it later.

These Terms, together with policies and conditions expressly incorporated into them, form the agreement governing your use of our Services.

Nothing in this section limits rights arising from representations, guarantees or obligations that cannot lawfully be excluded.


SECTION 22 — ASSIGNMENT

You may not transfer your contractual rights or obligations under these Terms where doing so would materially affect SilentSleep without our written consent, except where applicable law permits otherwise.

SilentSleep may assign or transfer its rights and obligations as part of a legitimate business sale, restructuring or transfer, provided this does not remove mandatory consumer rights.


SECTION 23 — GOVERNING LAW

These Terms are governed by the laws of New Zealand, subject to any mandatory consumer-protection laws that apply based on the customer's location.

Any dispute may be brought before a court, tribunal or other dispute-resolution body that has lawful jurisdiction.

Nothing in these Terms prevents a customer from exercising rights available through the New Zealand Disputes Tribunal or another body where applicable.

For customers located outside New Zealand, mandatory consumer rights available under the laws of their jurisdiction are not excluded where those laws apply regardless of these Terms.


SECTION 24 — CHANGES TO THESE TERMS

We may update these Terms from time to time to reflect changes to our business, Services, products, technology or legal requirements.

The latest version will be published on this page with an updated revision date.

Changes will generally apply from the date they are published or from another date specified by us.

Where applicable law requires additional notice or consent for a material change, we will comply with those requirements.

Changes to these Terms will not retrospectively remove rights that have already arisen in relation to an existing purchase.


SECTION 25 — CONTACT INFORMATION

Questions regarding these Terms of Service can be sent to:

SilentSleep
Email: silentsleepofficial@gmail.com

For questions relating to returns, refunds or the SilentSleep 60-Night Guarantee, please refer to our Refund Policy or contact us at the email address above.

For privacy-related enquiries, please refer to our Privacy Policy.