The terms and conditions set forth on this form (the 'terms'), in the instructions for use and care delivered with any product and any written agreement executed by buyer and ZYPPAH, Inc. ("Agreement") constitute the entire agreement between ZYPPAH, Inc., by and on behalf of its subsidiaries and affiliates, ("ZYPPAH") and buyer ("buyer"). ZYPPAH will not be bound by any additional or different terms on buyer's order or other documents that are inconsistent with these terms. Acceptance by buyer of these terms may be made by
SALES / SHIPPING TERMS:
ZYPPAH will normally ship within three to five days of a completed order. Orders are determined to be complete only after the user agreement is successfully completed and payment is processed. An electronic invoice will be sent and include details of each charge including, price, sales tax and shipping charge. Overnight, and any other method for faster shipping must be done before 3pm PST or the item is shipped the next business day. You agree that ZYPPAH, Inc. is NOT liable for any delay in shipping. You agree that you understand that shipping is done only thru the days of Monday thru Friday. You agree that we will not refund any shipping for any item that has been sent to an address provided by the buyer or gift recipient.
We do not ship to PO Boxes, if you choose to ship this method, and it is discovered, you will be required to provide a physical address. All ZYPPAH hybrid oral appliance sales will be deemed to have taken place in Las Vegas, Nevada. Buyer will submit orders for products and services through ZYPPAH's online ordering system for anti-snoring devices, located on the World Wide Web at www.ZYPPAH.com or by ZYPPAH's telephone ordering system. These Terms apply to all orders for products and services accepted by ZYPPAH. Acceptance of Buyer's order by ZYPPAH will be made only on the express understanding and condition that insofar as these Terms conflict with any terms and conditions in Buyer's order, these Terms shall govern. No order shall be binding upon ZYPPAH until ZYPPAH sends Buyer confirmation of such order through electronic mail, facsimile, or other written communication.
USE OF THIS WEBSITE:
ZYPPAH reserves the right to modify any programs, policies, information, products and services offered by ZYPPAH or contained on ZYPPAH's website at any time and without notice to Buyer. These Terms and performance by the parties hereunder shall be construed in accordance with the laws of the State of Nevada, without regard to provisions on the conflicts of laws. Buyer and ZYPPAH consent to the exclusive venue in, the state and federal courts of the State of Nevada. Buyer shall not assign (a) any order for products and/or services placed through ZYPPAH's website or telephone ordering system, or (b) any interest in or any rights under such order, without the prior written consent of ZYPPAH. These Terms, the Instructions for Use and Care and any Agreement constitute the entire agreement between ZYPPAH and Buyer and supersede all previous communications, representations and agreements, whether oral or written, between Buyer and ZYPPAH with respect to the subject matter hereof. These Terms may not be modified, supplemented, qualified, or interpreted except in writing signed by Buyer and ZYPPAH. The failure by ZYPPAH to enforce at any time any of the provisions in these Terms will in no way be construed as a waiver of such provisions. If any provision of these Terms shall be deemed illegal or unenforceable, such illegality or unenforceability shall not affect the validity and enforceability of any other legal provisions hereof which together shall then be construed as if such illegal and unenforceable provision or provisions had not been inserted herein, unless such illegality or unenforceability shall destroy the underlying business purpose of these Terms.
PRODUCT USE, WARRANTY & DISCLAIMERS:
The ZYPPAH hybrid oral appliance is ONLY for snoring. ZYPPAH provides instructions with the shipment of products. Buyer shall review the instructions and shall ensure that use of the appliance is strictly in accordance with the instructions and any warnings on the label. All information appearing in ZYPPAH's documentation or on ZYPPAH's website is provided "AS IS" and without warranties of any kind with respect to its correctness, accuracy, reliability or otherwise. ZYPPAH provides no warranty with respect to the contents of its documents or website or with respect to the products and/or services sold hereunder, except those products directly manufactured and sold by ZYPPAH. If you are not fully satisfied for any reason, you may return it within 90 days of receiving the product, no questions asked. You will need to request your Return Merchandise Authorization (RMA) number. If the ZYPPAH hybrid oral appliance was not molded properly we will provide you with a free replacement. Your order also includes a 90-day, one-time replacement warranty in which we will replace your mouthpiece for any reason free of charge. You have the option of receiving a refund for the amount of the product or obtaining a free replacement. Please allow 2-7 days for a credit to appear on your credit card statement once we process it.
RETURNS AND EXCHANGES:
In order to return an item you need to first obtain an RMA (Return Merchandise Authorization) number. Please call our toll free customer service line at (800) 949-9772 and speak with a customer service agent. The RMA number must be clearly written on the outer box. Shipments that are returned without an RMA number will not be eligible for a refund. Ship via USPS postal mail. Send pre-authorized returns with RMA # to: Returns Processing c/o ZYPPAH 25892 Towne Centre Dr. Suite C, Foothill Ranch, CA 92610-3437. Please allow up to 24 hours to receive your RMA number. ZYPPAH makes no other warranty, express or implied, with respect to ZYPPAH's website or the products and services sold hereunder. ZYPPAH expressly disclaims the implied warranties of merchantability, no infringement, and fitness for a particular purpose. ZYPPAH does not warrant that operation of ZYPPAH online will be uninterrupted or free from errors, that defects will be corrected or that ZYPPAH'S website or its server are free of viruses or other harmful components.
QUESTIONS REGARDING TERMS AND CONDITIONS:
Any questions regarding ZYPPAH's Terms and Conditions should be directed to ZYPPAH via our customer support team at (800) 949-9772 or sent via direct mail to ZYPPAH, Inc. at 701 S. Carson Street, Carson City, NV 89701.
Read all instructions before use. Use only as directed.
ZYPPAH® is available through this website, our telephone order lines and Sleep Certified® dentists and physicians.