These Terms & Conditions (the "Terms") govern your use of getwinks.com and purchases from Winks Sleep, Inc. By using the site, creating an account, or placing an order, you agree to these Terms and our Privacy Policy.
If you do not agree, do not use the site.
You must be at least 18 years old and legally able to enter into an agreement. When you place an order, you confirm that your account, contact, shipping, billing, and payment information is accurate and that you are authorized to use the payment method.
Winks is a melatonin-free dietary supplement drink mix. It is not a drug and is not intended to diagnose, treat, cure, or prevent any disease.
If you create an account, you are responsible for keeping your login credentials private and your account information current. You are also responsible for activity under your account. Contact us if you believe someone else has used it.
Information on this site, including information about our products and ingredients, is provided for general informational purposes only. It is not medical advice or a substitute for advice, diagnosis, or treatment from a qualified healthcare provider.
Consult your healthcare provider before using Winks if you are pregnant or nursing, take medication, have a medical condition, or are under a physician's care. Winks is formulated for adults.
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.
A Winks subscription renews automatically at the frequency and price shown at checkout until you cancel. Your payment method is charged when each subscription order is processed.
You can review your next order date, update your subscription, or cancel future renewals from your account. Cancellation applies to future renewals and does not reverse an order that has already been processed.
Our current return and refund terms are published on the Returns page. Those terms apply to return and refund requests.
Your order is an offer to buy. We may accept or decline an order because of product availability, suspected fraud, resale, or an obvious pricing error. If we cancel an order after charging you, we will refund the amount charged.
Prices, discounts, shipping charges, and taxes are shown at checkout. Products are sold for personal or household use, not for resale.
Current shipping destinations, costs, and delivery estimates are published on the Shipping page and shown at checkout. Delivery dates are estimates. Contact us if an order arrives damaged, is incorrect, or does not arrive.
If you opt in to marketing text messages, you agree to receive recurring automated marketing and personalized messages at the number you provide. Consent is not required to make a purchase. Message frequency varies, and message and data rates may apply. Reply STOP to unsubscribe or HELP for help.
Marketing emails include an unsubscribe link. Transactional messages about your account, orders, or subscriptions may still be sent when needed to provide the service you requested.
If you submit a review, photo, comment, or other content, you grant Winks a non-exclusive, worldwide, royalty-free, perpetual, transferable, and sublicensable license to use, reproduce, display, adapt, and distribute that content in connection with our business.
You confirm that the content is yours, is honest, and reflects your experience. We may decline to publish or may remove content that is unlawful, misleading, infringing, or otherwise violates these Terms.
The site and its text, graphics, logos, product names, images, and software belong to Winks or our licensors and are protected by law. We give you a limited, revocable, non-transferable license to use the site for personal shopping.
You may not scrape, copy, frame, reverse engineer, disrupt, or misuse the site, use it for an unlawful purpose, or interfere with another person's use of it. The site may link to third-party services. We are not responsible for their content or practices.
The site and all products and services are provided "as is" and "as available." To the fullest extent permitted by law, Winks disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the site will be uninterrupted, error-free, or secure.
Some jurisdictions do not allow limitations on implied warranties, so some of these limitations may not apply to you. Nothing in this section limits a right that cannot be limited under applicable law.
To the fullest extent permitted by law, Winks and its officers, directors, employees, and agents will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising from the site, the products, or these Terms.
To the fullest extent permitted by law, our total liability for a claim will not exceed the greater of the amount you paid for the order or subscription period at issue or fifty dollars ($50).
Some jurisdictions do not allow certain exclusions or limitations, so some of these limits may not apply to you.
You agree to defend, indemnify, and hold Winks harmless from claims, damages, and expenses, including reasonable attorneys' fees, arising from content you submit, your misuse of the site, or your breach of these Terms.
California residents: Under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or at (800) 952-5210.
New Jersey residents: Nothing in these Terms is intended to limit rights under the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act or other applicable law. Sections 12 and 13 apply only to the extent permitted by New Jersey law.
When you use the site or communicate with us electronically, you consent to receive communications from us electronically. You agree that electronic communications, agreements, and signatures satisfy any legal requirement that a communication be in writing.
We may update these Terms. If we make a material change, we will post the revised Terms and update the date shown on this page. When required, we will also notify affected customers before the change takes effect. Your continued use of the site after the effective date means you accept the revised Terms.
If a provision of these Terms is found unenforceable, the remaining provisions stay in effect. A failure to enforce a provision is not a waiver. You may not assign these Terms. We may assign them in connection with a merger, acquisition, reorganization, or sale of assets.
These Terms, our Privacy Policy, and any terms shown at checkout form the agreement between you and Winks about the site and your purchases.
Questions about these Terms can be sent through our Contact page.