Terms of service

TERMS OF SERVICE
Last Updated: Oct 3, 2025

OVERVIEW
Welcome to Tom The Dreamer Mattresses & Appliances (“Tom The Dreamer,” “we,” “us,” or “our”). We operate this store and website, including all related information, content, features, tools, products, and services (the “Services”). Our Services are powered by Shopify, which enables us to provide a seamless shopping experience.

These Terms of Service (the “Terms”), along with any policies referenced herein, govern your access to and use of our Services. Please read them carefully, as they contain important information about your legal rights, including warranty disclaimers and limitations of liability.

By accessing, visiting, or using our Services, you agree to be bound by these Terms and our Privacy Policy . If you do not agree, you must not use the Services.

SECTION 1 – ACCESS AND ACCOUNT

  • You must be at least the age of majority in your province, state, or country of residence to use our Services.
  • If you provide information on behalf of a minor dependent, you represent and warrant that you consent to their use of the Services.
  • When creating or using an account, you agree to provide accurate, current, and complete information.
  • You are solely responsible for safeguarding your login credentials and for all activities under your account. Accounts may not be transferred, licensed, or sold.

SECTION 2 – OUR PRODUCTS

  • We strive to accurately display our products and services, but actual product colours, features, or appearance may vary due to device settings or other factors.
  • We do not guarantee that products or services will meet your expectations or match their online depiction.
  • Product descriptions and availability may change without notice. We may limit quantities, discontinue products, or restrict sales on a case-by-case basis.

SECTION 3 – ORDERS

  • Placing an order is an offer to purchase. Orders are accepted only when confirmed by us and after payment is processed.
  • We reserve the right to refuse, cancel, or modify any order at our discretion. If so, we will attempt to notify you via the contact details provided.
  • Orders may only be returned or exchanged in accordance with our Refund Policy
  • You represent that purchases are for personal/household use and not for resale
    or export.

SECTION 4 – PRICES AND BILLING

  • Prices, promotions, and discounts are subject to change without notice. The applicable price is the one displayed at checkout and confirmed in your order email.
  • Prices do not include taxes, shipping, handling, or other applicable fees unless expressly stated.
  • You agree to provide accurate and current payment and billing information, and to promptly update it as needed.
  • By submitting payment information, you represent that you are authorized to use the chosen payment method and that all charges will be honoured.

SECTION 5 – SHIPPING AND DELIVERY

  • Delivery times are estimates and not guarantees.
  • We are not responsible for delays caused by carriers, customs, or events beyond our control.
  • Risk of loss and title pass to you once the product is handed to the carrier.

SECTION 6 – INTELLECTUAL PROPERTY

  • All content and materials within the Services, including trademarks, logos, graphics, text, product designs, and layouts, are owned by Tom The Dreamer, its affiliates, or licensors, and protected by intellectual property laws.
  • You may use the Services for personal, non-commercial purposes only. Contact tom@dreamingtom.com for commercial discount inquiries.
  • Unauthorized use, reproduction, or distribution of our intellectual property is prohibited.

SECTION 7 – OPTIONAL TOOLS

  • Third-party tools made available through our Services are provided “as is” and “as available.”
  • We are not responsible for any issues arising from your use of such tools.
  • Future features or resources introduced will also fall under these Terms.

SECTION 8 – THIRD-PARTY LINKS

  • Our Services may contain links or content from third parties. Accessing them is at your own risk.
  • We are not responsible for the content, policies, or practices of third-party websites.
  • Complaints or claims regarding third-party products or services should be directed to the third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY
Our store is powered by Shopify. However, all sales are directly between you and Tom The Dreamer. Shopify is not responsible for your purchases or any claims related thereto. By using the Services, you release Shopify from all such claims.

SECTION 10 – PRIVACY POLICY
Your use of the Services is subject to our Privacy Policy, as well as Shopify’s Privacy Policy. Because Shopify hosts our store, some personal information is processed by Shopify and third-party providers, which may involve transfers outside your country. Please review these policies carefully.

SECTION 11 – FEEDBACK
By submitting feedback, reviews, or suggestions, you grant us a perpetual, worldwide, royalty-free license to use, reproduce, and display such feedback for any purpose. You represent that you own the rights to the feedback and that it does not infringe the rights of others. We may moderate or remove feedback at our discretion.

SECTION 12 – ERRORS AND OMISSIONS
We reserve the right to correct errors, inaccuracies, or omissions (including pricing, product details, or availability) at any time without prior notice, even after you have submitted an order.

SECTION 13 – PROHIBITED USES
You may not use the Services for unlawful purposes or in ways that harm us, other users, or third parties. Prohibited uses include (but are not limited to):

  • Violating applicable laws;
  • Infringing intellectual property rights;
  • Uploading malicious code;
  • Harassing or defaming others;
  • Sending spam;
  • Attempting to bypass security measures.

We may suspend or terminate accounts that violate these Terms.

SECTION 14 – TERMINATION
We may suspend or terminate your access to the Services at any time without notice if you breach these Terms. Provisions that should reasonably survive termination (e.g., intellectual property, disclaimers, limitation of liability) will remain in effect.

SECTION 15 – DISCLAIMER OF WARRANTIES
The Services and products are provided “as is” and “as available,” without warranties of any kind, express or implied, including merchantability, fitness for purpose, durability, and non-infringement. We do not warrant uninterrupted, timely, or error-free service. Some jurisdictions do not allow disclaimers; in such cases, certain limitations may not apply.

SECTION 16 – LIMITATION OF LIABILITY
To the fullest extent permitted by law, Tom The Dreamer, our affiliates, and service providers shall not be liable for any indirect, incidental, special, or consequential damages, including lost profits, data loss, or replacement costs, arising from your use of the Services or products. Our total liability shall not exceed the purchase price of the product at issue.

SECTION 17 – INDEMNIFICATION
You agree to indemnify and hold harmless Tom The Dreamer, Shopify, and their affiliates from claims or damages arising out of your violation of these Terms, applicable laws, or third-party rights. We may assume the defense of such claims, and you agree to cooperate as needed.

SECTION 18 – SEVERABILITY
If any provision is found unenforceable, the remainder of the Terms shall remain valid and enforceable.

SECTION 19 – WAIVER; ENTIRE AGREEMENT
Our failure to enforce any provision does not constitute a waiver. These Terms, along with any posted policies, represent the entire agreement between you and us, superseding prior agreements.

SECTION 20 – ASSIGNMENT
You may not assign or transfer your rights under these Terms without our written consent. We may assign our rights and obligations without notice.

SECTION 21 – GOVERNING LAW
These Terms are governed by and construed in accordance with the laws of the jurisdiction where Tom The Dreamer is headquartered. You consent to the exclusive jurisdiction of its courts.

SECTION 22 – HEADINGS
Headings are for convenience only and do not affect interpretation.

SECTION 23 – CHANGES TO TERMS
We may update these Terms at any time by posting a revised version on our website. Material changes will be communicated as required by law. Continued use of the Services constitutes acceptance of updated Terms. 

SECTION 24 – CONTACT INFORMATION
Questions about these Terms may be directed to:
Tom The Dreamer Mattresses & Appliances
tom@dreamingtom.com
93 Sandford Fleming Dr. Unit 6 Collingwood On. L9Y 5A6
519-379-8440
BUSINESS REGISTRATION NUMBER: 707925483
VAT Number– 002684172