Terms and Conditions

These terms and conditions set out the terms and conditions on which we offer to supply to you products advertised on this Website. By using or accessing our Website and/or placing any order(s), you agree to be legally bound by these terms and conditions.

All references in these terms of use and conditions of sale to the “website” or “Website” refer to this website www.Moonbowsleep.com / www.DubsLabs.com; to “we”, “us”, and “our”  refer to Moonbow (Dubs Concepts, LLC), and to “you” and “your” are to you, the user / buyer.

Please read these terms and conditions as they protect your interest, and if you have any comments, problems or any questions regarding our Website and/or products and services featured, please contact us through the contact form on the FAQ page. 

Information about Bedphones

Bedphones are headphones designed to be comfortable for use in bed. We do not accept any liability for damage caused to your mobile music player, computer, stereo or other devices whilst using Bedphones

Returns Policy

We have a 100% satisfaction guarantee. If you are not completely satisfied with headphones, you may return them within 30 days of delivery for a full replacement or refund. We'll also pay the return shipping costs if the return is a result of our error (you received an incorrect or defective item, etc.).

You should expect to receive your refund within four weeks of giving your package to the return shipper, however, in many cases you will receive a refund more quickly. This time period includes the transit time for us to receive your return from the shipper (5 to 10 business days), the time it takes us to process your return once we receive it (3 to 5 business days), and the time it takes your bank to process our refund request (5 to 10 business days).

If you need to return an item, simply login to your account, view the order using the "Complete Orders" link under the My Account menu and click the Return Item(s) button. We'll notify you via e-mail of your refund once we've received and processed the returned item. If you have not created an account, send us an e-mail and we can process the return manually. 

Shipping

USPS First Class shipping to all U.S. destinations typically takes 2-3 business days, but can take longer in some instances. International shipping typically takes 5-15 business days, but can take up to 30 business days due to customs regulations. Note that Moonbow is not responsible for any customs charges incurred.

Acceptance of your order

Our products are offered for sale subject to availability and our acceptance of your order, which we reserve the right to reject without reason. However, we will inform you as soon as possible if the products you have ordered are not available or if your order has not been accepted, and a full refund will be given for orders which are rejected.

We may from time to time issue gift or promotional codes relating to the purchase of the products. These gift or promotional codes will only be available on the terms specified at the time of issue. Should you attempt to make an order for products using a gift or promotional code issued to another individual and/or for purposes other than those for which it was granted, we shall be entitled to reject such order. A refund will be given for all rejected orders.

After you have placed an order with us for the purchase of products, you will receive an e-mail confirming the transaction of your order.

Pricing and payment details

All prices quoted are in dollars ($), are inclusive of TAX (as applicable) and are accurate at the time of publication, except in cases of obvious error. The price includes delivery cost. 

Prices are liable to change at any time, but will not affect orders which have already been dispatched. Our Website may contain a number of products and it is always possible that, despite our best efforts, some of the products listed on our Website may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a product's correct price is less than our stated price, we will charge the lower amount when dispatching the product to you. If a product's correct price is higher than the price stated on our Website, we will normally, at our discretion, either contact you for instructions before dispatching the product, or reject your order and notify you of such rejection.

We are under no obligation to provide the product to you at the incorrect (lower) price, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a miss-pricing.

Full payment will be taken at the time of placing your product order, and we reserve the right to obtain validation of your payment before accepting your order. If your order is rejected, for whatever reason, and payment has been accepted, you will receive a full refund.

Third Party Websites

We may provide links on our Website to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products you purchase from companies to whose website we have provided a link on our Website, will be fit for purpose or of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. Unathorized resale through Amazon.com, Ebay.com, or their affiliate sites is prohibited.

Privacy

All personal details supplied by yourself in the use of the Website and the purchase of goods shall be used in accordance with the terms of our privacy policy.

Other than personally identifiable information which is covered under our privacy policy, any material or information that you transmit or post to this Website or e-mail to us (your “Non-Personal Information”) will be considered non-confidential and non-proprietary. We will have no obligation to you with respect to your Non-Personal Information. By sending such Non-Personal Information to us you agree that we are free to copy, disclose, distribute, incorporate and otherwise use all such Non-Personal Information for any and all commercial or non-commercial purposes.

Notices and Complaints

All notices given by you to us (including any complaints that you may have) should be sent to Bedphones by the contact form on our FAQ page. 

We may give notice to you at either the e-mail or postal address you provide to us when placing an order.

Entire Agreement

These terms and conditions, our privacy policy and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any contract and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.

You and we acknowledge that, in entering into a contract, you have not and we have not relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between you and us prior to such contract except as expressly stated in these terms and conditions.

Disclaimer 

THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT DUBS CONCEPTS SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.

Law and jurisdiction

These terms and conditions shall be governed by, and construed in accordance with, the laws of The United States of America. Disputes arising here from shall be exclusively subject to the jurisdiction of US courts.

Indemnification

You agree to defend, indemnify and hold Dubs Concepts, LLC harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site.

How we settle disputes.

In addition to any terms and or conditions contained in any agreements and/or policies applicable to the dubslabs.com/moonbowsleep.com website ("Website") or Dubs Concepts LLC business ("Company"), by using the Website you hereby agree to the following terms ("Website Terms"):

1. You and the Company agree that any dispute, claim or controversy arising out of or in relation to your use of the Website, this agreement, or the applicability, breach, termination, validity, enforcement, or interpretation thereof, will be settled by binding individual arbitration. If there is a dispute about whether this arbitration clause can be enforced or applies to the dispute between you and Company, you and Company agree that the arbitrator will decide that issue. Notwithstanding the foregoing, you and Company each agree that any claim related to actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights will not be subject to this arbitration clause or arbitration. However, all claims related to actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or intellectual property rights will be interpreted under Oregon law and will be heard exclusively in the state and federal courts located in Bend, Oregon.
2. You and Company agree that the Federal Arbitration Act will govern the interpretation and enforcement of this arbitration provision. The arbitration will be administered under American Arbitration Association’s most recent Commercial Arbitration Rules then in effect except where as modified herein. The arbitration will be conducted in Bend, Oregon and will be decided by a single arbitrator randomly selected from a list of neutral arbitrators maintained by the American Arbitration Association. Judgment on any award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator will be provided with the right to award costs and attorneys’ fees to the prevailing Party. This arbitration will be held in Bend, Oregon and both parties agree that they will be required to be present in Bend, Oregon for arbitration under the terms of this Agreement and hereby submit to exclusive personal jurisdiction in Bend, Oregon. The arbitrator will apply the laws of the State of Oregon and the federal laws of the United States in deciding any controversy or claim pursuant to this arbitration clause.
3. You and Company acknowledge and agree that each are waiving the right to a trial by jury as to all arbitrable disputes.
4. You and Company acknowledge and agree that, to the fullest extent permitted under the law, each are waiving the right to participate as a plaintiff or class member in any class action lawsuit, class arbitration, or private attorney general action. If this class action waiver is held unenforceable with respect to the dispute between the Parties, the Parties agree that the entirety of the arbitration clause will be deemed void with respect to such dispute and the dispute must proceed in court.
5. Conflict. In the event of any conflict between these Website Terms any other terms, conditions or policies applicable to the site, these Website Terms shall control.
6. Copyright 2024 Dubs Concepts LLC