Terms of service

OVERVIEW

Welcome to Shift Down. The terms "we," "us," and "our" refer to SMART SYSTEMS, MONTAŽA NAMAKALNIH SISTEMOV, SANDI SRKOČ S.P., Melinci 75, 9231 Beltinci, Slovenia, operating as Shift Down. We operate this store and website, including all related information, content, features, tools, products, and services, to provide you, the customer, with a curated shopping experience (the "Services"). Shift Down is powered by Shopify, which enables us to provide the Services to you.

These terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms"), describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms, you represent that you are at least 18 years old and located in the United States. Our products are intended for adult use only.

To use the Services, including browsing our store or purchasing products, you may be asked to provide certain information, such as your email address and billing, payment, and shipping information. You represent and warrant that all information you provide is correct, current, and complete, and that you have all rights necessary to provide it.

You are solely responsible for maintaining the security of your account credentials and for all activity on your account. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS

We have made every effort to represent our products accurately. However, colors and product appearance may differ from how they appear on your screen due to your device and its settings. We do not warrant that the appearance or quality of any product will meet your expectations or match what is depicted in our store.

All product descriptions are subject to change at any time without notice. We reserve the right to discontinue any product at any time and may limit the quantities of any product we offer to any person, region, or jurisdiction on a case-by-case basis.

SECTION 3 - DIETARY SUPPLEMENT NOTICE AND SAFE USE

Our products are dietary supplements.

These statements have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure, or prevent any disease.

  • Our products are not a substitute for adequate sleep, medical care, or mental-health care. Information on the Services is for general purposes only and is not medical advice.
  • Individual results vary. We do not guarantee any specific result.
  • Follow the directions and warnings on the product label. Do not exceed the recommended use (one strip per day).
  • The Lights-Out Strip contains melatonin and may cause drowsiness. Do not use it before driving, operating machinery, carrying or handling a weapon, returning to duty, or any time you must remain alert.
  • Consult a physician before use if you are pregnant or nursing, have a medical condition, take any medication, or have ongoing sleep problems. Our products are not for anyone under 18.
  • Keep out of reach of children. Do not use if the safety seal is damaged or missing.
  • Stop use and seek medical care if you experience an adverse reaction. You can also report it to us at info@tryshiftdown.com so we can follow up.

SECTION 4 - ORDERS

When you place an order, you are making an offer to purchase. Shift Down reserves the right to accept or decline your order for any reason. Your order is not accepted until we confirm acceptance, and we must receive and process your payment first. Please review your order carefully before submitting, as we may be unable to accommodate cancellation requests after an order is accepted. If we do not accept, change, or cancel an order, we will attempt to notify you using the email, billing address, or phone number provided when the order was made. If we cancel an order we have already charged, you will be refunded in full.

Your purchases are subject to return or exchange solely in accordance with our Refund Policy.

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

SECTION 5 - PRICES AND BILLING

All prices are in U.S. dollars. Prices, discounts, and promotions are subject to change without notice. The price charged for a product will be the price in effect when the order is placed and will be shown in your order confirmation email. Unless otherwise stated, posted prices do not include sales tax, which is calculated at checkout where required. Standard shipping is free within the United States, and expedited shipping is available for an additional charge shown at checkout.

We may offer promotions from time to time that are governed by separate terms. If a promotion's terms conflict with these Terms, the promotion's terms govern.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases, and to promptly update it so we can complete your transactions and contact you as needed.

You represent and warrant that (i) the payment information you provide is true, correct, and complete, (ii) you are authorized to use the payment method for the purchase, (iii) charges you incur will be honored by your card issuer, and (iv) you will pay charges incurred at the posted prices, including shipping and applicable taxes.

[If you offer subscriptions, keep this paragraph. Otherwise delete it: Subscription orders renew automatically at the interval you select until you cancel. You can cancel at any time before your next renewal by emailing info@tryshiftdown.com. Cancellation takes effect for the next scheduled order.]

SECTION 6 - SHIPPING AND DELIVERY

Shipping is governed by our Shipping Policy. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by carriers or events outside our control. Our obligations for lost, damaged, or incorrect orders are set out in the Shipping Policy and Refund Policy. Title and risk of loss pass to you when the carrier delivers the products to the address you provided.

SECTION 7 - INTELLECTUAL PROPERTY

Our Services, including all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Shift Down, its affiliates, or licensors and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.

These Terms permit you to use the Services for personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material on the Services without our prior written consent. Except as expressly provided, nothing in these Terms grants you a license or other rights under any patent, trademark, copyright, or other intellectual property of Shift Down, Shopify, or any third party. Unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted are reserved.

Shift Down's names, logos, product and service names, designs, and slogans (including "Clock-Out Scoop" and "Lights-Out Strip") are trademarks of Shift Down or its affiliates or licensors. You must not use them without our prior written permission. Shopify's name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, and designs on the Services are the trademarks of their respective owners.

SECTION 8 - OPTIONAL TOOLS

You may be given access to tools offered by third parties as part of the Services, which we neither monitor nor control.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement. We have no liability arising from or relating to your use of optional third-party tools.

Any use of optional tools is entirely at your own risk and discretion, and you should ensure you are familiar with and approve of the terms on which the relevant third party provides them.

We may in the future offer new features through the Services, including new tools and resources. Such features will also be part of the Services and subject to these Terms.

SECTION 9 - THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties (including embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you leave the Services to access them, you do so at your own risk.

We are not liable for any harm or damages related to your access to third-party websites or your purchase or use of any products, services, resources, or content on them. Please review the third party's policies and practices before you engage in any transaction. Complaints, claims, concerns, or questions about third-party products and services should be directed to the third party.

SECTION 10 - RELATIONSHIP WITH SHOPIFY

Shift Down is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with Shift Down. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Shift Down, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Shift Down.

SECTION 11 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may be subject to Shopify's Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services to provide and improve the Services for you. Information you submit will be transmitted to and shared with Shopify and other third parties, which may be located in countries other than where you reside, in order to provide services to you. See our Privacy Policy for more detail on how we, Shopify, and our partners use your personal information.

SECTION 12 - FEEDBACK AND REVIEWS

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial use. For example, we may use this license to operate, provide, evaluate, enhance, improve, and promote the Services and to perform our obligations and exercise our rights under these Terms.

You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives you received in connection with your submission; and (iii) your Feedback will comply with these Terms. We have no obligation (1) to keep your Feedback confidential; (2) to pay compensation for your Feedback; or (3) to respond to it.

We may, but have no obligation to, monitor, edit, or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party's intellectual property or these Terms.

You agree that your Feedback will not violate any third party's rights, including copyright, trademark, privacy, personality, or other personal or proprietary rights, and will not contain unlawful, abusive, or obscene material or any computer virus or other malware. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties about the origin of any Feedback. You are solely responsible for your Feedback and its accuracy. We take no responsibility and assume no liability for Feedback posted by you or any third party.

Customer reviews and testimonials reflect the opinions of individual customers. They are not typical or guaranteed results and are not medical advice.

SECTION 13 - ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, information on the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information is inaccurate, at any time without prior notice (including after you have submitted your order).

SECTION 14 - PROHIBITED USES

You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or those of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, or intimidate any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Shift Down, Shopify, or users of the Services, or expose them to liability.

In addition, you agree not to: (a) upload or transmit viruses or any other malicious code that may affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, or pretext the Services; (e) use any robot, spider, scraping, data gathering or extraction tools, automatic devices or processes, AI tools (such as agentic AI), or automated or manual means to access the Services; or (f) interfere with, bypass, or circumvent the security or authorization features, robot exclusion headers, or other measures we use to restrict access to the Services. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.

SECTION 15 - AGENTS

15.1 This section ("Agent Terms") applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity and that can be executed on behalf of or using a person's device, without direct supervision.

15.2 No Agent may access, use, or interact with the Services unless, at all times, it identifies itself and operates in strict accordance with the requirements in section 15.4 below. In addition, no Agent may access, use, or interact with the Services if we have requested that the Agent refrain from doing so.

15.3 We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with the Services.

15.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the name of the Agent by including the following in the request's user agent string: "Agent/[agent name]"; (ii) not conceal or obfuscate that any access, use, or interactions are from an Agent, such as by (a) mimicking human behavior and interaction patterns, or (b) completing or circumventing CAPTCHAs or measures intended to distinguish computer use from humans; (iii) respond truthfully to any question or prompt seeking to determine whether interactions are coming from a human or a computer; and (iv) not circumvent or otherwise avoid any measure intended to block, limit, modify, or control whether and how Agents access, use, or interact with the Services.

SECTION 16 - TERMINATION

We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.

The following sections continue to apply after termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 17 - DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.

EXCEPT AS EXPRESSLY STATED BY SHIFT DOWN, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 18 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL SHIFT DOWN, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY. NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

SECTION 19 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Shift Down, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable attorneys' fees, payable to any third party due to or arising out of (1) your breach of these Terms or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.

We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.

SECTION 20 - SEVERABILITY

If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 21 - WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

These Terms and any policies or operating rules posted by us on this site or in respect to the Services constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including any prior versions of these Terms).

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

SECTION 22 - ASSIGNMENT

You may not delegate, transfer, or assign this agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

SECTION 23 - GOVERNING LAW

These Terms and any separate agreements under which we provide you Services are governed by the laws of the Republic of Slovenia, without regard to conflict-of-law rules. This does not limit any mandatory consumer-protection rights you have under the laws of the state where you live. [Attorney to confirm dispute venue and whether to add an arbitration or U.S. venue clause.]

SECTION 24 - HEADINGS

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 25 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.

SECTION 26 - CONTACT INFORMATION

Questions about these Terms of Service should be sent to us at info@tryshiftdown.com.

SMART SYSTEMS, MONTAŽA NAMAKALNIH SISTEMOV, SANDI SRKOČ S.P.
Operating as Shift Down
Melinci 75
9231 Beltinci
Slovenia