Chargeback Policy

Shipping, Delivery, and Product Condition Policy

Effective Date: 01/01/2025
Last Updated: 10/05/2025

By placing an order on our website, you acknowledge that you have read, understood, and agree to be bound by the terms of this Shipping, Delivery, and Product Condition Policy. This policy governs all aspects of package delivery, loss, theft, damage, and product discrepancies for orders placed through our website. Your continued use of our services and completion of any purchase constitutes your acceptance of these terms.

1. Lost, Stolen, or Missing Packages

1.1 Proof of Delivery and Official Records

In accordance with California Commercial Code § 2-509 (Risk of Loss in the Absence of Breach), risk of loss passes to the buyer upon delivery to the carrier. Once a package has been tendered to a shipping carrier (USPS, UPS, FedEx, or other designated carrier), tracking updates provided by that carrier serve as the sole and official proof of delivery. Electronic tracking records, including GPS coordinates, delivery photographs, and timestamp data, constitute legally recognized evidence of successful delivery under the Federal Electronic Signatures in Global and National Commerce Act (E-SIGN Act, 15 U.S.C. § 7001 et seq.).

When tracking information indicates a status of "Delivered," "Left at Door," "In/At Mailbox," or any similar confirmation of successful delivery, this serves as prima facie evidence that the package was delivered to the address provided during checkout.

1.2 Mandatory Notification Period

If tracking information confirms delivery ("Delivered" status) but you claim non-receipt of your package, you must notify our customer service department within 24 hours of the carrier's delivery timestamp. This notification requirement is enforced pursuant to California Civil Code § 1657 (timely notice requirement) and California Commercial Code § 2-607(3)(a) (notice of breach).

To submit a valid notification, you must:

  • Send an email to hello@revirasleep.com
  • Include your order number
  • Include the tracking number
  • Provide the exact delivery timestamp shown in the carrier's tracking system
  • Describe the circumstances of non-receipt

Failure to provide timely notification within this 24-hour window may result in denial of any replacement or assistance with carrier claims, as delayed notification significantly impairs our ability to investigate discrepancies and file timely claims with shipping carriers.

1.3 Carrier Claims Process and Replacement Protocol

Upon receipt of your timely notification, we will assist you in filing a formal support claim with the applicable shipping carrier (USPS, UPS, FedEx, etc.). This process is conducted in accordance with carrier-specific claims procedures and federal postal regulations, including but not limited to:

  • 39 U.S.C. § 404(d)(3) - USPS claims procedures
  • 39 CFR Part 913 - USPS regulations governing domestic mail insurance claims
  • Applicable carrier terms of service for UPS, FedEx, and other private carriers

Our assistance includes:

  • Providing necessary documentation (proof of shipment, commercial invoice, etc.)
  • Initiating the claim filing process with the carrier
  • Communicating with carrier claims departments on your behalf
  • Tracking the status of the claim

After the carrier claim has been properly submitted, we will provide one (1) free replacement of the same item(s) to the same delivery address originally provided. This replacement is provided as a courtesy and does not constitute an admission of liability on our part.

1.4 Refund Policy for Lost or Stolen Packages

Monetary refunds are not provided for packages marked as delivered, lost, or stolen, except under the specific circumstances outlined in Section 1.5 below. This policy is consistent with California Commercial Code § 2-509, which places risk of loss on the buyer after delivery to the carrier when the seller is not required to deliver at a particular destination.

Remedies for lost or stolen packages are limited to:

  1. One free replacement of identical items, or
  2. Refund only upon submission of an official police report (as detailed in Section 1.5)

This limitation is made pursuant to California Commercial Code § 2-719 (Contractual Modification of Remedy) and represents a reasonable allocation of risk between the parties.

1.5 Police Report Requirement for Monetary Refunds

If you wish to receive a monetary refund (rather than a replacement) for a package that shows "Delivered" status but was not received, you must provide an official police report documenting the theft. This requirement is based on California Penal Code § 530.5 (theft and mail theft statutes) and federal mail theft laws under 18 U.S.C. § 1708 (theft or receipt of stolen mail matter).

Police Report Requirements:

  • The report must be filed with your local law enforcement agency (city police, county sheriff, or other appropriate jurisdiction)
  • The report must specifically document mail theft or package theft
  • The report must include the tracking number, delivery date, and description of the stolen items
  • The report must be filed within 10 days of the carrier's delivery date
  • You must provide us with either:
    • A complete copy of the official police report, or
    • The official police report case number and contact information for the investigating officer

To submit your police report: Email a legible copy (PDF or image format) to hello@revirasleep.com within 10 days of the delivery date. Include your order number in the subject line.

Upon verification of the police report, we will process a refund to your original payment method within 10 business days, in accordance with California Civil Code § 1749.5 (refund disclosure requirements).

2. Packages Marked as Delivered but Not Received

2.1 Required Steps for Resolution

When a package is marked as "Delivered" by the carrier but you have not received it, you must complete all of the following steps to be eligible for a replacement or refund:

Step 1: Contact Us Immediately
Notify our customer service team within 24 hours of the delivery timestamp shown in the tracking system. Contact methods:

  • Email: hello@revirasleep.com
  • Hours: 9:00AM - 5:00PM Monday - Friday Pacific Standard Time

Step 2: Verify and Confirm Shipping Address
You must verify that the shipping address provided at checkout was accurate and complete. Check for:

  • Correct street address and unit/apartment number
  • Correct city, state, and ZIP code
  • Any special delivery instructions (gate codes, building access, etc.)

Per California Civil Code § 1714 (general negligence standards), buyers have a duty to provide accurate delivery information. If the delivery address you provided was incorrect or incomplete, we cannot be held responsible for non-delivery.

Step 3: File a Stolen/Missing Mail Report with the Carrier

You must file an official missing mail report with the appropriate carrier:

For USPS deliveries:

  • File online at: https://www.usps.com/help/missing-mail.htm
  • Or call: 1-800-ASK-USPS (1-800-275-8777)
  • Reference: 39 U.S.C. § 3018 (delivery confirmation and missing mail procedures)

For UPS deliveries:

  • File a claim at: https://www.ups.com/us/en/help-center/file-a-claim.page
  • Or call: 1-800-742-5877

For FedEx deliveries:

  • File online at: https://www.fedex.com/en-us/customer-support/claims.html
  • Or call: 1-800-463-3339

Filing these reports creates an official record with the carrier and is required under federal and state consumer protection laws to establish a documented claim.

Step 4: Provide Claim Confirmation
Email us the claim confirmation number or reference number you receive from the carrier immediately after filing. Send this to [insert email address] with your order number in the subject line.

2.2 Resolution Options After Completion of Required Steps

Once you have completed all four steps listed in Section 2.1, we will provide one of the following remedies:

Option A: Free Replacement
We will ship a replacement of the same item(s) to the same verified address at no additional charge to you. Replacement shipments typically process within [X] business days and will be sent via [carrier name].

Option B: Full Refund (Police Report Required)
If you prefer a monetary refund rather than a replacement, you must provide a copy of an official police report documenting mail theft or package theft (as detailed in Section 1.5). The police report must be:

  • Filed within 10 days of the delivery date
  • Submitted to us within 10 days of the delivery date
  • Include all information specified in Section 1.5

Upon receipt and verification of the police report, we will process a full refund to your original payment method within 10 business days.

2.3 Agreement to Process

By placing an order on our website and checking the acknowledgment box at checkout, you expressly agree to this process and acknowledge that:

  1. You understand the 24-hour notification requirement
  2. You accept responsibility for providing accurate delivery information
  3. You agree to file required carrier claims and police reports
  4. You understand that refunds require official police reports
  5. You agree that carrier tracking records constitute proof of delivery

This agreement is binding under California Civil Code § 1550 (essential elements of a contract) and California Commercial Code § 2-207 (additional terms in acceptance or confirmation).

3. Product Defects: "Not as Described" and "Damaged" Items

3.1 Legal Basis and Warranty Standards

All products sold through our website are subject to implied warranties under California law, specifically:

  • California Civil Code § 1791.1 - Implied warranty of merchantability
  • California Civil Code § 1792 - Implied warranty that goods are fit for their ordinary purpose
  • California Commercial Code § 2-314 - Implied warranty of merchantability in sales contracts
  • California Commercial Code § 2-315 - Implied warranty of fitness for particular purpose

Additionally, sellers have obligations under the federal Magnuson-Moss Warranty Act (15 U.S.C. § 2301 et seq.) and the Federal Trade Commission Act (15 U.S.C. § 45) to honor representations made about products.

3.2 Mandatory Notification Period and Documentation Requirements

If you receive a product that is materially different from its description on our website, arrives damaged, or is defective, you must notify us within 48 hours of the delivery date confirmed by carrier tracking.

This 48-hour notification period is established pursuant to:

  • California Commercial Code § 2-607(3)(a) - requiring timely notice of breach
  • California Civil Code § 1791.1(c) - setting reasonable timeframes for warranty claims
  • California Civil Code § 1793.2(a)(1) - manufacturer and seller obligations for defective goods

To file a valid claim, you must provide ALL of the following:

1. Clear Photographs of the Product

  • Multiple angles showing the defect, damage, or discrepancy
  • Close-up images of any specific defects or damage
  • Photos must be clear, well-lit, and high resolution (minimum 1MP recommended)
  • If the item is "not as described," include photos showing how it differs from website images or descriptions

2. Photographs of All Packaging Materials

  • Outer shipping box showing all sides and any visible damage
  • All internal packaging materials (bubble wrap, foam, air pillows, etc.)
  • Shipping label and any carrier documentation
  • These photos establish whether damage occurred during shipping or before

3. Complete Order Information

  • Your order number (format: Order #)
  • Order date
  • Specific item(s) affected (if order contained multiple items)

4. Detailed Written Description Explain specifically:

  • What is wrong with the product
  • How it differs from the website description or your expectations
  • When you discovered the issue
  • Whether the product was used, removed from packaging, or remains untouched

Submit all documentation to: hello@revirasleep.com
Subject line format: "Product Issue - Order #[your order number]"

3.3 Verification and Investigation Process

Upon receipt of your claim with all required documentation, we will:

  1. Review submitted evidence within 10 business days
  2. Verify the claim against our product standards, quality control records, and website descriptions
  3. Assess whether the issue constitutes:
    • Material defect covered under California Civil Code § 1791.1
    • Product not conforming to description under California Civil Code § 1770(a)(5) and (7)
    • Damage occurring during shipping
    • Normal wear, misuse, or buyer's remorse

Our verification process complies with California Business and Professions Code § 17200 et seq. (Unfair Competition Law) and ensures fair treatment of both parties.

3.4 Resolution Options Upon Verification

If your claim is verified as valid, we will offer one of the following remedies in accordance with California Civil Code § 1793.2(d) (consumer options for defective goods):

Option A: Free Replacement

  • We will ship a replacement product of identical specifications
  • Replacement shipped at no cost to you
  • Ships to the same or updated address you provide
  • Processing time: 10 business days
  • No return of the defective item required in cases of obvious defect or safety concern

Option B: Return for Full Refund You may elect to return the product for a complete refund, subject to the following conditions:

Return Requirements (California Civil Code § 1723):

  • Product must be returned unused (except for initial inspection to discover the defect)
  • Product must be in original packaging with all included accessories, manuals, and materials
  • You must use the return shipping label we provide (if applicable)
  • Return must be postmarked within 10 days of receiving return authorization

Refund Processing (California Civil Code § 1749.5):

  • Refunds processed within 10 business days of receiving and inspecting the returned item
  • Refund issued to original payment method
  • Original shipping costs [will/will not] be refunded
  • You are not responsible for return shipping costs for verified defective or misrepresented items

3.5 Refund Denial Conditions

We do not issue refunds or accept returns if:

  1. Notification requirements not met - You failed to contact us within 48 hours with required documentation (California Commercial Code § 2-607)

  2. Insufficient documentation - You did not provide all required photos and information detailed in Section 3.2

  3. Item has been used beyond inspection - Product shows signs of use beyond what is necessary to discover the defect (California Civil Code § 1791.2)

  4. Buyer's remorse - You changed your mind about the purchase but the item matches its description and is not defective (not covered under California lemon laws or warranty statutes)

  5. Damage caused by buyer - Damage occurred after delivery due to misuse, accident, or improper handling (California Commercial Code § 2-314 excludes post-sale misuse)

  6. Customized or personalized items - Items that were made to your specifications (California Civil Code § 1793.2(e) exclusions)

  7. Final sale or clearance items - If clearly marked as non-returnable at time of purchase (California Business and Professions Code § 17500 requires clear disclosure)

4. Customer Obligations and Assumption of Risk

4.1 Accurate Information Requirement

By placing an order, you represent and warrant that:

  • All information provided (shipping address, contact information, payment details) is accurate and complete
  • You have authority to use the payment method provided
  • The delivery address is secure and appropriate for package delivery
  • You have reviewed our policies and agree to their terms

California Civil Code § 1710 defines deceit as "the suppression of a fact, by one who is bound to disclose it," and providing inaccurate delivery information may affect your ability to claim remedies under this policy.

4.2 Delivery Location Security

You acknowledge that we are not responsible for packages stolen after successful delivery to the address you provided. California Commercial Code § 2-509(1) and (3) place risk of loss on the buyer once proper delivery has occurred.

We recommend:

  • Using a secure delivery address where packages can be monitored
  • Requesting signature confirmation for high-value orders (may incur additional fees)
  • Installing security cameras or package lockboxes
  • Arranging with neighbors to accept deliveries
  • Using carrier "Hold for Pickup" options if security is a concern

4.3 Inspection Upon Delivery

California Commercial Code § 2-513 establishes the buyer's right and duty to inspect goods before acceptance. We strongly encourage you to:

  • Inspect packages immediately upon receipt
  • Photograph any visible damage to outer packaging before opening
  • Inspect contents carefully for damage or discrepancies
  • Report any issues within the timeframes specified in this policy

Delayed inspection may limit available remedies under California Commercial Code § 2-606 and § 2-607.

5. Limitation of Liability

5.1 Maximum Liability Cap

To the maximum extent permitted by California law, including California Civil Code § 1668 (limitation of liability clauses) and California Commercial Code § 2-719 (contractual modification or limitation of remedy), our total liability for any claim related to lost, stolen, damaged, or misrepresented products shall not exceed the purchase price paid for the specific affected item(s).

We are not liable for:

  • Consequential damages (California Commercial Code § 2-715)
  • Incidental damages beyond reasonable scope
  • Special or punitive damages
  • Lost profits or business interruption
  • Emotional distress
  • Attorney's fees (unless awarded by court under California Code of Civil Procedure § 1033.5)

5.2 Carrier Responsibility

Shipping carriers are independent contractors. California Commercial Code § 2-509 establishes that once goods are delivered to the carrier, risk of loss passes to the buyer in shipment contracts. We have no control over and assume no liability for:

  • Carrier delays (weather, mechanical issues, staffing shortages)
  • Carrier misdelivery to wrong address despite correct labeling
  • Carrier employee theft (prosecutable under 18 U.S.C. § 1708)
  • Carrier damage to packages during transit

Our obligation is limited to assisting with carrier claims as outlined in this policy.

6. Dispute Resolution and Governing Law

6.1 Governing Law

This policy shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Specific applicable statutes include but are not limited to:

  • California Civil Code §§ 1714, 1749.5, 1770, 1791-1795
  • California Commercial Code §§ 2-207, 2-314, 2-315, 2-509, 2-513, 2-606, 2-607, 2-715, 2-719
  • California Business and Professions Code §§ 17200, 17500
  • Federal laws: 15 U.S.C. § 7001 (E-SIGN Act), 15 U.S.C. §§ 2301-2312 (Magnuson-Moss Warranty Act), 18 U.S.C. § 1708 (mail theft)

6.2 Consumer Protection Rights

Nothing in this policy waives your rights under:

  • California Consumer Legal Remedies Act (California Civil Code § 1750 et seq.)
  • California Song-Beverly Consumer Warranty Act (California Civil Code § 1790 et seq.)
  • Federal consumer protection laws

If any provision of this policy is found unenforceable or void by a court of competent jurisdiction, such provision shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions (California Civil Code § 1599 - severability).

7. Acknowledgment and Consent

BY CHECKING THE BOX AT CHECKOUT AND PLACING YOUR ORDER, YOU EXPLICITLY ACKNOWLEDGE AND AGREE THAT:

☐ I have read and understand this entire Shipping, Delivery, and Product Condition Policy

☐ I understand that carrier tracking records serve as official proof of delivery

☐ I agree to the 24-hour notification requirement for missing packages and 48-hour requirement for defective products

☐ I understand that refunds for lost/stolen packages require an official police report filed within 10 days

☐ I agree to provide all required documentation (photos, order numbers, police reports, claim confirmations) for any claims

☐ I understand that failure to comply with these procedures may result in denial of replacement or refund

☐ I accept that risk of loss passes to me upon carrier delivery per California Commercial Code § 2-509

☐ I have provided accurate shipping information and understand I am responsible for delivery location security

This acknowledgment constitutes a legally binding agreement under California Civil Code § 1550 and § 1565 (consent and contractual agreement requirements).

Questions? Contact our customer service team:
📧 Email: hello@revirasleep.com
🕒 Hours: 9:00AM - 5:00PM Monday - Friday Pacific Standard Time

This policy is effective as of [date] and supersedes all previous policies. We reserve the right to modify this policy at any time, with changes effective upon posting to our website. Continued use of our services after modifications constitutes acceptance of the updated policy.