Last updated: March 1, 2023
Introduction
Welcome to the Snuggle Pedic® Pillow online store and website at snugglepedic.shop (the “Site”). These Terms and Conditions are a legally binding contract between you and Snuggle Pedic® Pillow governing your use of the Site and any purchase of products through the Site.
Please read these Terms carefully before using the Site. By accessing or using the Site or purchasing our products, you agree you have read, understood, and agree to be bound by these Terms. If you do not accept these Terms, you may not use the Site or purchase products from us.
We may change these Terms at any time by posting updated Terms on the Site. Your continued use of the Site after we post changes means you accept the updated Terms.
These Terms include:
A. Definitions
B. Your Account
C. Ordering Products
D. Product Details
E. Returns and Refunds
F. Shipping and Delivery
G. Taxes
H. Payments
I. Disclaimers and Limitation of Liability
J. Dispute Resolution
K. Copyright Complaints
L. Modifications to Site
M. General Legal Terms
A. Definitions
**The terms “Snuggle Pedic® Pillow,” “we,” “us,” and “our” refer to the owner of the Site.
Products mean any merchandise, including pillows, mattress toppers, pillow cases, and other bedding accessories offered for sale on the Site.
Site means the Snuggle Pedic® Pillow website at snugglepedic.shop and all associated web pages and mobile applications.
You and “your” mean the individual accessing or using the Site or purchasing our Products. If you access or use the Site on behalf of a company or other entity, “you” includes you and that entity, and you represent and warrant that you have authority to bind the entity to these Terms.
B. Your Account
You may need to create an account to purchase Products or access certain features. You agree:
- Accurate information: You will provide true, accurate, and complete information to create your account. You will promptly update any information so it remains accurate and complete.
- Account security: You are responsible for safeguarding your password and account access. You will not share your account credentials with a third party or use another person’s credentials. You will immediately notify us if you discover or suspect any unauthorized use of your account.
- Account termination: We may suspend or terminate your account if you violate these Terms, with reasonable advance notice and opportunity to export your content from our systems. Upon termination, we may delete or deactivate your account and all related data and information. We will not be liable to you for any damages related to your account or the deletion of your content.
- One account per person: You may only create one account per person.
C. Ordering Products
Orders: All orders you place on the Site are subject to product availability and acceptance by us. We may impose restrictions on order quantities or total order value.
Prices and payment terms: Prices and payment terms are as described on the Site at the time you place your order. Prices are subject to change at any time, but will not affect orders already placed and accepted. Sales tax will be charged based on applicable law.
Promotions: Any promotions, coupons, or discounts applied to your order are subject to posted terms and eligibility requirements. We reserve the right to revoke any stated offer and to correct errors or mistakes in pricing.
Performance: These Terms constitute the entire agreement between you and Snuggle Pedic® Pillow with respect to your purchase. We disclaim any other representations or warranties made during the purchase process.
D. Product Details
Product descriptions: We strive to display Products accurately on the Site. However, we do not warrant that Product descriptions, colors, images, or other content on the Site is accurate, reliable, current, or error-free.
Product availability: Display of Products on the Site does not guarantee immediate availability. We may experience delays in updating website content. Products may sell out quickly or be discontinued without notice. We cannot guarantee availability of any Products.
Product models: Product models change periodically. Actual Products you receive may differ from models depicted on the Site.
Product issues: If you receive a damaged, defective, or materially different Product than described, please contact us within 30 days with details and photos for a refund or exchange.
Sizes and measurements: All Product sizes, dimensions, and measurements indicated on the Site are approximate only. Sizes and measurements may be rounded up or down and are subject to manufacturing variance and typographical errors.
E. Returns and Refunds
Return policy: If you are unsatisfied with a Product for any reason within 100 days of receiving your order, you may return it for a full refund of the purchase price. Shipping and handling fees are nonrefundable. Custom made products are nonrefundable.
Return instructions: To return a Product, please email us at [email protected] or chat with us to initiate a return and obtain an RMA number. Send the Product to the address provided along with the RMA number and information regarding why you are returning it. You are responsible for all shipping and insurance costs of returned items.
Exchanges: If you wish to exchange a Product for another, please return it pursuant to the return instructions above. Once your return is received and inspected, we will provide you with a refund or credit. Separately, please place a new order for the item you wish to exchange it for.
Refunds: We will notify you once we have received and inspected your return. Approved refunds may take up to 7 business days to process. Refunds will be credited back to the original payment method used at the time of purchase. Please note it may take several billing cycles for the refund to appear on your statements.
Cancellations: You may cancel unfulfilled orders within 24 hours of order placement for a full refund. Once an order begins fulfillment, it can no longer be cancelled and must be returned pursuant to the above policy if you no longer want it.
F. Shipping and Delivery
Shipping fees: We charge shipping and handling fees as indicated on the Site. Shipping fees cover processing, handling, packing, and delivery. We will calculate and display shipping costs prior to checkout based on your address.
Shipping carriers: We may ship Products using USPS, FedEx, UPS, or other major carriers at our discretion. Tracking information will be provided after shipment.
Shipping insurance: We insure all shipments against loss and damage. If your Product is lost or damaged in transit, we will re-ship it at no extra cost to you after an insurance claim is processed.
Delivery problems: If you do not receive your order or it arrives late, please contact us immediately so we can investigate and take appropriate action.
Pickup: Currently we do not offer local store pickup options. All orders must be shipped.
Delivery times: We ship orders daily. Stated delivery times are estimates only and subject to change. We are not liable for delays caused by the shipping carrier or other events outside our control.
G. Taxes
Tax charges: All stated prices and fees are exclusive of any taxes, duties, or similar charges imposed by any government or regulatory authority which we are required to collect and remit to the appropriate authorities (“Taxes”). You are solely responsible for paying all applicable Taxes relating to your use of the Site or purchase and use of Products. Taxes will be added to purchase price and reflected on your invoice. If you qualify for a tax exemption, you must provide us with a valid exemption certificate.
Withholding: If any applicable law requires us to withhold a portion of the price or fees you pay, you agree we may deduct such amounts from the price or fees and pay them to the applicable taxing authority. You remain liable for any portion of the price or fees we were not able to withhold.
H. Payments
Payment methods: We accept Visa, Mastercard, American Express, PayPal, Venmo, bank transfers, checks and money orders. We may change accepted payment methods at any time. All credit card and electronic payments are processed through third party payment processors. See our Privacy Policy for how payment information is handled and secured.
Third party fees: Your bank, credit card company, or other payment provider may charge you additional fees for transactions made through the Site, such as currency exchange fees, overdraft fees or other charges. Check with your bank or payment provider for details. We are not responsible for third party fees.
Authorization: By submitting an order, you authorize us to charge the order total to your chosen payment method. If payment is declined or reversed after your order has shipped, we reserve the right to collect the balance due.
Recurring payments: If you purchase a subscription plan or enroll in automatic delivery, you authorize regularly recurring periodic charges to your chosen payment method per the terms you agree to at signup. You may cancel recurring payments at any time through your account or by contacting us.
I. Disclaimers and Limitation of Liability
AS IS: THE SITE AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT FOR BOTH THE SITE AND PRODUCTS.
No endorsements: Any recommendation, endorsement or other statement made on the Site or by our employees does not constitute a guarantee, warranty or certification of Products. Please use your own judgment in evaluating Products for your needs.
Limitations: IN NO EVENT WILL SNGGLE PEDIC® PILLOW BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SITE OR PURCHASE OF PRODUCTS, INCLUDING PROPERTY DAMAGE, LOST PROFITS OR LOSS OF USE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, OUR TOTAL CUMULATIVE LIABILITY ARISING FROM YOUR USE OF THE SITE OR PURCHASE OF PRODUCTS WILL NOT EXCEED THE FEES YOU HAVE PAID US OVER THE PRIOR 12 MONTHS (IF ANY).
Indemnity: You will defend, indemnify and hold harmless Snuggle Pedic® Pillow and our affiliates and subsidiaries, and our respective officers, directors, agents and employees, from any claim, demand, damages, costs, or other loss arising from or related to your breach of these Terms or misuse of the Site or Products.
J. Dispute Resolution
Law: These Terms are governed by the laws of the State of Tennessee without regard to conflict of law principles. The federal and state courts in Nashville, Tennessee will have exclusive jurisdiction over any dispute between us.
Arbitration: At our sole discretion, we may require you to submit any dispute arising from these Terms, the Site or Products for confidential binding arbitration in Nashville, Tennessee before a single arbitrator affiliated with the American Arbitration Association, in lieu of filing a court action. Arbitration fees will be paid pursuant to AAA rules. The arbitrator’s award will be binding and may be entered as a judgment in any court with jurisdiction.
No class actions: You may only resolve disputes with us on an individual basis, and may not bring a claim as a class member in any class or representative action or proceeding. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
Injunctive relief: Nothing herein prevents us from seeking immediate injunctive relief in any court of competent jurisdiction in relation to any alleged breach of these Terms or infringement of intellectual property rights.
K. Copyright Complaints
DMCA notice: If you believe your copyright is being infringed by content on the Site, please email [email protected] a written notice complying with the Digital Millennium Copyright Act (DMCA).
Counter notice: If you receive a DMCA takedown notice affecting your content, you may email a counter notice to us with your name, address, phone number and a statement you have a good faith belief your content was removed by mistake. We will comply with the DMCA in evaluating your counter notice.
L. Modifications to Site
We reserve the right in our sole discretion to:
- Revise these Terms at any time
- Modify, suspend or discontinue the Site or any Products, content, features, or functionality at any time
- Impose limits on features or restrict your access to parts of the Site
- Remove, delete or block any content or accounts at any time without notice, including disabling links to third party sites
You acknowledge we have no obligation to maintain, store, back up or provide you copies of any content that you or others provide, except as required by applicable law.
M. General Legal Terms
Entire agreement: These Terms constitute the entire agreement between you and Snuggle Pedic® Pillow relating to their subject matter, and supersede any prior or inconsistent agreements on those subjects.
Severability: If any provision of these Terms is determined to be invalid under applicable law, the remaining provisions will continue in full force and effect.
No waiver: Our failure to insist upon strict performance of any provision of these Terms will not constitute a waiver of any provision or right.
Assignment: You may not assign or transfer these Terms or any rights or licenses granted hereunder. You agree Snuggle Pedic® Pillow may assign these Terms.
No agency: Nothing in these Terms shall be construed to create a partnership, joint venture, agency, or other form of legal association between you and Snuggle Pedic® Pillow.
Notice: Any notice required under these Terms shall be provided to us via email at [email protected] or mailed to our address: Snuggle Pedic® Pillow, 1234 Pillow Lane, Nashville TN 37205.
Survival: Sections I, J, and M shall survive any expiration or termination of these Terms.
Contact: If you have any questions, please contact us at [email protected] or 1234 Pillow Lane, Nashville TN 37205.
Conclusion
Thank you for taking the time to read our Terms and Conditions. We hope you enjoy our products and Site. By placing an order with us or using our Site, you agree you have read the Terms and agree to be bound by them.
