Agreement. Welcome to www.noasleep.com (the “Noa Sleep website”, or “Noasleep.com”). 9961844 CANADA INC. (doing business as “Noa Sleep”, “the Company”), provides website features and other services to you when you visit or shop at the Noa Sleep website, use Noasleep.com Services, or use software provided by Noa Sleep in connection with Noasleep.com (collectively, “Noasleep.com Services”). Noasleep.com provides the Noasleep.com Services subject to the following conditions. Your use of this website is governed by these conditions of use. Please read them carefully. Your use of Noasleep.com Services constitutes your agreement to follow these rules and to be bound by them. Noa Sleep reserves the right to update or modify these terms and conditions at any time without prior notice. For this reason, we encourage you to review these terms and conditions each time you use this website.
Communications. When you use Noasleep.com Services or send an email to Noa Sleep, you are communicating with Noa Sleep electronically and therefore consent to receiving communications from Noa Sleep electronically. Noa Sleep will communicate with you by email or by posting notices on the Noa Sleep website, or through other Noasleep.com Services. You agree that all agreements, notices, disclosures, and other communications that Noa Sleep provides to you electronically satisfy any legal requirement that such communications be in writing.
Copyrights and trademarks. All content included in or made available through Noasleep.com Services—such as text, design, graphics, logos, photographs and images, video, button icons, audio clips and digital downloads—is the property of Noasleep.com or its content suppliers, and is protected by Canadian and international copyright laws. The compilation of all content included in or made available through any Noasleep.com Service is the exclusive property of Noasleep.com and protected by Canadian and international copyright laws. Graphics, logos, page headers, button icons, scripts, and service names included in or made available through Noasleep.com Services are trademarks or trade dress of Noa Sleep, in Canada and other countries. Noa Sleep’s trademarks and trade dress may not be used in connection with any product or service that is not Noa Sleep’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Noa Sleep. All other trademarks not owned by Noa Sleep that appear in the Noasleep.com Services are the property of their respective owners, who may or may not be connected to, or sponsored by Noa Sleep.
License and access. Subject to your compliance with these Conditions of Use and your payment of any applicable fees, Noasleep.com or its content providers grant you a limited, non-exclusive, non-transferable, non-sub licensable license to access and make personal and non-commercial use of Noasleep.com Services. This license does not include any resale or commercial use of Noasleep.com Services or their contents; any collection and use of any product listings, descriptions, or prices; any derivative use of Noasleep.com Services or their contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data-gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use are reserved and retained by Noa Sleep or its licensors, suppliers, publishers, rights holders, or other content providers. Noasleep.com Services, or any part of Noasleep.com Services, may NOT be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Noasleep.com. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, videos, text, page layout, or form) of Noasleep.com without express written consent. You may not use any meta tags or any other “hidden text” utilizing Noa Sleep’s name or trademarks without the express written consent of Noa Sleep. You may not misuse Noasleep.com Services. You may use Noasleep.com Services only as permitted by law. The licenses granted by Noa Sleep will terminate if you do not comply with these Conditions of Use.
Account. If you use Noasleep.com Services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under the age of majority in your province or country of residence, you may use the Noasleep.com Services only with involvement of a parent or guardian. Noasleep.com reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at its sole discretion.
Communications and other content. Visitors may submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content.
If you do submit material, and unless Noa Sleep indicates otherwise, you grant Noa Sleep a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, produce, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, communicate to the public by telecommunications and display such content throughout the world in any media. You grant Noa Sleep the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Noa Sleep for all claims resulting from content you supply.
Risk of loss. Risk of loss and title for items purchased from Noasleep.com pass to you upon our delivery to the carrier.
Warranty. Your new Noa mattress is covered by a 10 year Limited Warranty (the “Warranty”) from the date of delivery to your home. This warranty extends to products purchased directly from Noasleep.com.
All Noa Sleep limited warranties are not transferable and extend only to the original purchaser.
This Limited Warranty covers the following:
– Visible indentations greater than one (1) inch (2.54cm) resulting from flaws in manufacturing and not from normal wear and tear. Normal wear and tear requires that the mattress be continuously supported by a proper bed frame to support the collective weight of the mattress and its user(s).
– Any physical or structural flaw in the mattress that causes foam to split or crack, despite normal usage and proper handling.
– Any manufacturing defect in the zipper assembly of the mattress cover. Noa Sleep may, at its sole discretion, repair or replace the cover provided on the mattress.
This Limited Warranty does not cover the following:
– A normal increase in softness of the foams which does not affect the actual pressure-relieving properties of the product.
– Individual comfort preferences relating to firmness, design, materials and feel.
– Physical and/or structural damages including, but not limited to, stains, burns, tears, cuts, or liquid damage resulting from use by the customer.
– Damage due to use with an inappropriate foundation such as any slats or foundation with greater than two (2) inches (5cm) between slats or support beams.
– Damage incurred by transportation after initial delivery provided by Noa Sleep.
– Damage resulting from washing or drying the mattress cover.
– Any minor manufacturing flaws to the product or packaging including, but not limited to, cosmetic flaws such as uneven stitching, dented/dirty carton boxes, etc.
– Any warranty claim is only applicable within the country of original delivery by the original purchaser.
Noa Sleep will, at its sole discretion, determine whether a repair or replacement of a defective mattress is appropriate.
Claims covered under this Limited Warranty may be made by reaching us at [email protected] or +65 3159 1576.
Returns, refunds, exchanges and title. Purchases made on our site qualify for a 100-night risk-free trial. Buyers may return the mattress for a full refund within 100 days. Refunds exclude any International Service Assessment Fees (otherwise known as cross-border fees) which are charged by the customer’s credit card issuer and not Noa Sleep.
The 100 night trial excludes exchanges for alternative sizes. If you wish to exchange your mattress for a smaller/larger size during the 100 night trial, you will be charged a mattress disposal and delivery fee. Should you exchange your existing mattress for a smaller size, a partial refund will be issued. Should you exchange your existing mattress for a larger size, you will be responsible for paying the difference.
Buyers qualify for a 100 trial return and refund offer for one purchase only. If at least one product is returned from an initial order, that customer or shipping address will not be eligible for additional 100 night trials on subsequent orders of that particular product (i.e. if you return a mattress, you will not be eligible for 100-night trials on future mattress orders). Noa Sleep does not take title to returned items until the item arrives at Noa Sleep’s third-party warehousing facilities worldwide.
At Noa Sleep’s discretion, a refund may be issued without requiring a return. In this situation, Noasleep.com does not take title to the refunded item. If you return one or more items from Noa Sleep, and the discount that you received is greater than the unit price(s) of the item(s) you wish to return, then you will not receive a refund. If the discount that you received is less than the unit price(s) of the item(s) you wish to return, you will be refunded the unit price(s) of the item(s) you wish to return less the discounted amount you received and any International Service Assessment Fees (cross-border fees).
Noa Sleep reserves the right to refuse selling to any customer. For more information about returns and refunds, please see our FAQ or email us at [email protected]
Availability. Noa Sleep reserves the right without prior notice to discontinue or change specifications on products and services offered on this website without incurring any obligations. Noa Sleep cannot guarantee product availability for all products at all times. Estimated back in stock dates are not guaranteed nor confirmed. Customer purchases and orders are fulfilled on a first come, first serve basis.
Shipping & Delivery. Noa Sleep purchases are shipped to customers for free. Deliveries are made by third-party transporters through an arm’s length agreement. The delivery schedule is entirely determined by the local transporter and not Noa Sleep. Home delivery dates provided on Noasleep.com are not guaranteed. Delivery dates and times are entirely subject to availability and scheduling by local transporters and not Noa Sleep. Local transporters will contact customers after their purchase (within a few business days) to schedule a delivery date and time. Customers must make arrangements directly with the local transporter. Noa Sleep is not responsible for scheduling home deliveries, delayed or late home deliveries and/or the quality of home delivery service.
Product descriptions. Noasleep.com attempts to be as accurate as possible. However, Noa Sleep does not warrant that product descriptions or other content of Noasleep.com Services are accurate, complete, reliable, current, or error-free. If a product offered by Noasleep.com itself is not as described, your sole remedy is to return it in an unused condition. Noasleep.com does its best to display product colors shown on this website as accurately as possible. However, because the colors you see depend on your monitor, Noasleep.com cannot guarantee that your monitor’s display of any color is accurate. Noa Sleep will not be held responsible for any discrepancies between the color displayed for any given product on Noasleep.com and the actual perceived color for this product itself.
Prices. All prices shown on this site are quoted in the local currency based on the country selection from the site. Noa Sleep reserves the right to modify retail prices at any time and without prior notice. All prices indicated exclude taxes, cross-border fees, delivery, disposal and assembly. With respect to items sold by Noasleep.com, Noa Sleep cannot confirm the price of an item until you order. Noa Sleep charges your credit card immediately upon placing your order.
International Service Assessment Fees (ISA). In very specific cases, some customers may be charged an international service assessment fee, otherwise known as a cross-border fee. This fee is, on some occasions, unbeknownst to Noasleep.com, charged by the customer’s own credit card issuer and not by Noasleep.com. This fee is entirely beyond Noasleep.com’s control and is not charged to all customers. For this reason, Noasleep.com is unable to determine in advance whether it will be charged and what the amount may be. Duly note that Noasleep.com only processes and collects the invoiced amount. In the event of a purchase refund, only the purchase amount will be reimbursed. If an international service assessment fee or cross-border fee was charged, this amount will not be reimbursed in the event of a customer refund, returned purchase and/or cancelled purchase.
Disclaimer. THE INFORMATION ON THIS SITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THIS WEBSITE IS AT YOUR SOLE RISK. EXCEPT AS STATED HEREIN, THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE WEBSITE.
Limitation of Liability. UNDER NO CIRCUMSTANCES WILL THE COMPANY BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE WEBSITE, YOUR WEBSITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE AND/OR CONTENT IS TO CEASE ALL OF YOUR WEBSITE USE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, FROM THE COMPANY IS IN ACCORDANCE WITH COMPANY’S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS WEBSITE.
You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
Applicable Law. Any dispute or claim relating in any way to your use of Noasleep.com Services, or to any products or services sold or distributed by Noa Sleep or through Noasleep.com Services will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
Noa Sleep and you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration Noa Sleep and you each waive any right to a jury trial. Noa Sleep and you also both agree that you or Noa Sleep may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Severability. Noa Sleep reserves the right to make changes to the Noa Sleep website, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Additional Assistance. If you need additional information regarding the foregoing Terms and Conditions or if you have any questions or comments, we invite you to contact the Company.