Terms of Service
OVERVIEW
THESE TERMS AND CONDITIONS CONTAIN A MEDIATION AND BINDING ARBITRATION CLAUSE THAT
IMPACT YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES.
This website (the “Site”) is operated by Pillow Of Comfort with email address
etherton@pillowofcomfort.com.
Throughout the Site, the terms
“we”, “us” and “our” refer to the Company. The Company offers this Site, including all
information, tools and services available from this site to you, the user, conditioned upon your
acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our
“Service” and agree to be bound by the following terms and conditions (“Terms of Service”,
“Terms”), including those additional terms and conditions and policies referenced herein and/or
available by hyperlink. These Terms of Service apply to all users of the site, including without
limitation users who are browsers, vendors, customers, merchants, and/ or contributors of
content.
Please read these Terms of Service carefully before accessing or using our website.
By accessing or using any part of the site, you agree to be bound by these Terms of Service. If
you do not agree to all the terms and conditions of this agreement, then you may not access the
website or use any services. If these Terms of Service are considered an offer, acceptance is
expressly limited to these 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 to update, change or replace any part of these Terms of Service by
posting updates and/or changes to our website. It is your responsibility to check this page
periodically for changes. Your continued use of or access to the website following the posting
of any changes constitutes acceptance of those changes.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age
of majority in your state or province of residence, or that you are the age of majority in your
state or province of residence and you have given us your consent to allow any of your minor
dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in
the use of the Service, violate any laws in your jurisdiction (including but not limited to
copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of
your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be
transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to
conform and adapt to technical requirements of connecting networks or devices. Credit card
information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of
the Service, use of the Service, or access to the Service or any contact on the website through
which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not
limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate,
complete or current. The material on this site is provided for general information only and
should not be relied upon or used as the sole basis for making decisions without consulting
primary, more accurate, more complete or more timely sources of information. Any reliance on the
material on this site is at your own risk.
This site may contain certain historical information. Historical information,
necessarily, is not current and is provided for your reference only. We reserve the right to
modify the contents of this site at any time, but we have no obligation to update any
information on our site. You agree that it is your responsibility to monitor changes to our
site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices are exclusive of any tax and shipping costs which shall all be for your
account. You hereby authorize us to charge the tax amount due and shipping costs to the credit
card that you have on file or to collect the same via the same payment method used for your
order.
Prices do not include any applicable local taxes such as sales tax, import tax, GST,
HST or VAT. If due and collectible, these are your sole responsibility and we shall have the
option to charge these on top of our prices and may be collected by the Company at any time. In
the event of any assessment by any agency, you are solely responsible to pay such tax.
Prices do not include any shipping costs. Shipping costs as stated or real shipping
costs whichever are higher are always due and payable by the customer unless FREE shipping is
expressly given in a special promotion. Shipping is always your responsibility and you bear all
risk of loss. All shipping costs are non-refundable unless otherwise provided by applicable law.
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part
or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price
change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Prices are exclusive of any tax and shipping costs which shall all be for your
account.
Certain products or services may be available exclusively online through the Site.
These products or services may have limited quantities and are subject to return or exchange
only in accordance with Section 23 herein.
Occasionally products will be made available for purchase on a pre-order basis.
This may occur when a product is currently not in stock. If a product is not currently in stock,
we offer you the opportunity to place your pre-order to secure delivery when the product is back
in stock. You will be charged the full price of the products at the time of placing your
pre-order. Upon securing your purchase via pre-order, you acknowledge that such products are not
available for immediate delivery, but will be shipped as soon the product is back in stock. The
checkout form and order confirmation will indicate clearly if a product is available on a
pre-order basis, and will state the estimated delivery date.
We have made every effort to display as accurately as possible the colors and images
of our products. We cannot guarantee that your computer monitor's display of any color will be
accurate.
We reserve the right, but are not obligated, to limit the sales of our products or
Services to any person, geographic region or jurisdiction. We may exercise this right on a
case-by-case basis. We reserve the right to limit the quantities of any products or services
that we offer. All descriptions of products or product pricing are subject to change at any time
without notice, at our sole discretion. We reserve the right to discontinue any product at any
time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other
material purchased or obtained by you will meet your expectations, or that any errors in the
Service will be corrected.
SECTION 6 - SHIPPING
GENERAL INFORMATION
To ensure that your order(s) are properly delivered, please make sure that your
address is correctly entered and includes all relevant and/or required information. The use of
correct abbreviations, street numbers, building or apartment numbers, and route information (if
applicable) is critical for ensuring timely delivery. We do not take responsibility for lost,
misplaced, or incorrectly delivered shipments if the address information provided is incorrect
or incorrectly entered at the time of purchase.
FEES/CHARGES/TAXES
Shipping fees and associated costs (Shipping Charges), and risks are the sole
responsibility of the customer and are all for your account. You may be charged USD/EUR/GBP 8.95
for Shipping Charges but actual Shipping Charges may be higher depending on your location and
other factors. Shipping Charges for your order will be calculated and displayed at checkout. We
also offer Free Shipping on certain promotional offers, which will be clearly and expressly
indicated during the checkout process. All shipping costs are non-refundable unless otherwise
provided by applicable law.
We are not responsible for any customs clearance charges, duties, or taxes applied
to your order. All fees imposed during or after shipping are for your sole responsibility (e.g.,
tariffs, taxes, VAT, etc.). If any clearance charges, duties, or taxes remain due and
collectible, you hereby authorize us to charge the amount due to the credit card that you have
on file or to collect the same via the same payment method used for your order. We are not
liable for any products damaged or lost during shipping and delivery. If you received your order
damaged, please contact the shipment carrier to file a claim. Please save all packaging
materials and damaged goods before filing a claim.
SHIPPING
We ship available items out as soon as possible, but this will not always be the
same day as your order. All orders are subject to processing time that is separate and apart
from the time it takes for a shipment to reach its destination once it has been picked up from
our fulfillment center by the applicable carrier. Depending on a number of factors, standard
domestic and international orders may take up to 3-7 business days (excluding Saturdays,
Sundays, and Holidays) to process.
Generally, shipping may take three (3) business days to forty (40) business days
from receipt of your properly completed order (excluding applicable processing time). Shipping
of International order(s) and those for other U.S. Territories may take longer. In all cases,
shipping dates may be extended, such as, when there is a surge in delivery volume especially
during peak seasons or when due to unforeseen factors outside of our control (e.g., local
delivery partners delays, strikes, unusual weather, pandemic-related delays, etc.). Thus, while
we try to ship out your order on time, due to unforeseen circumstances, it is possible that
actual delivery by our local delivery partners may take longer than expected. When your order
has been shipped, you will receive an email with tracking information. We will provide tracking
numbers for all purchases upon shipment.
SHIPPING DELAY NOTICE (FOR US RESIDENTS)
If we are unable to ship out your order(s) within 40 days from receipt of your
properly completed order (excluding applicable processing time), we will reach out to you via a
Delay Notice to inform you of the unanticipated delay and a revised shipment date of up to 30
days (“Original Extended Period”). Upon receipt of the Delay Notice, you may a) Agree to the
delay, by confirming your consent or by not acting on the Notice; or b) Cancel your order, by
notifying us through email, phone call, or timely written notice, before we ship your order.
FURTHER SHIPPING DELAY NOTICE (US RESIDENTS ONLY)
If we are still unable to ship out your order(s) within the aforesaid Original
Extended Period, we will reach out to you via a Further Delay Notice before the end of the said
Original Extended Period to inform you of the further delay and a renewed revised shipment date
of up to 30 days from the expiration of the Original Extended Period (Second Extended Period).
Upon receipt of the Further Delay Notice, you may agree to the delay, by notifying us through
email, phone call, or timely written notice. If we do not hear from you and we have not shipped
by the Original Extended Period, your order is automatically cancelled.
REFUND (US RESIDENTS ONLY)
In all cases of cancellation due to delay in shipping as stated above, you will
receive a refund.
DELIVERY
Excluding products which are pre-ordered, the estimated delivery time is sixty (60)
business days and delivery delays can occasionally occur. Products which are pre-ordered will
clearly display the estimated delivery date on the checkout form and order confirmation page.
Pre-ordered products will be delivered to you on or around the estimated date
specified in the Checkout page. Although we will make efforts to begin shipping products as soon
as reasonably practicable, you understand and agree that there may be delays. An estimated time
of shipment or delivery is only an estimate and is subject to change. Delivery time is only a
general estimate from our local delivery partners, over which we have no control and can be
delayed by unforeseen circumstances. We do not represent or warrant that we will be able to ship
or our local delivery partner will be able to deliver the product by the estimated date. As a
result, in the event that a delay arises and the estimated shipment or delivery date is not met,
we are not responsible for any damages that may occur due to the delay, nor shall we be
obligated, except as set forth in these Terms or except as provided by law, to provide any
discounts, refunds or credits due to any such delays. We will provide you updates with respect
to such shipment or delivery schedules.
DELIVERY CLAIMS
Unless otherwise provided herein or covered by our Pre-Order Policy, please reach
out to our customer support team at:
etherton@pillowofcomfort.com if
you have not received the
item within sixty (60) business days from order date to file a claim. We reserve the right and
discretion to reject claims after that time frame. Although risk of loss and title for such
items pass to you upon our delivery to the shipper, we will assist all timely filed claims, by:
Opening an investigation with our shipper which may take 7-10 days to complete;
In case of confirmed non-delivery, carrier typically will find and deliver your
package; and
In case of confirmed non-delivery and your package is not found, we will either
refund or replace your order.
If you received your order damaged, or it was lost during shipping, please reach
out to our customer support team at:
etherton@pillowofcomfort.com
for immediate assistance.
For damaged Order(s), please provide all packaging materials and damaged goods when filing a
claim in compliance with Section 23 below, photos taken with your mobile phone that show the
extent of the damage may be considered sufficient proof of claim, at our sole discretion.
SECTION 7 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole
discretion, limit or cancel quantities purchased per person, per household or per order. These
restrictions may include orders placed by or under the same customer account, the same credit
card, and/or orders that use the same billing and/or shipping address. In the event we make a
change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or
billing address/phone number provided at the time the order was made. We reserve the right to
limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers
or distributors.
You agree to provide current, complete and accurate purchase and account
information for all purchases made through this Site. You agree to promptly update your account
and other information, including your email address and credit card numbers and expiration
dates, so that we can complete your transactions and contact you as needed.
Upon completion of your order, we assume your address to be verified, correct and
double checked. However, if it is discovered that you provided an incorrect or incomplete
shipping address, we will endeavor to contact you within 24-48 hours of purchase via email or
phone to verify the address you provided or to request a new address to which your orders can be
delivered. If within seven (7) days after our initial attempt to contact you, we are unable to
communicate with you or if you fail to provide us with a complete valid address for delivery, we
shall store your orders and await further instructions from you.
Under no circumstance will we be liable for any cost, loss, depreciation, or
damage, arising from delay in delivery or non-delivery due to the incorrect or incomplete
shipping address details provided by you.
For more details, please review our Returns and Exchange Policy.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include
materials from third-parties.
Third-party links on this Site may direct you to third-party services or websites
that are not affiliated with us. We are not responsible for examining or evaluating the content
or accuracy and we do not warrant and will not have any liability or responsibility for any
third-party materials or websites, or for any other materials, products, or services of
third-parties.
We are not liable for any harm or damages related to the purchase or use of goods,
services, resources, content, or any other transactions made in connection to any third-party
websites. Please review carefully the third-party's policies and practices and make sure you
understand them before you engage in any transaction. Complaints, claims, concerns, or questions
regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest
entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or
other materials, whether online, by email, by postal mail, or otherwise (collectively,
'comments'), you agree that we may, at any time, without restriction, edit, copy, publish,
distribute, translate and otherwise use in any medium any comments that you forward to us. We
are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay
compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we
determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory,
pornographic, obscene or otherwise objectionable or violates any party’s intellectual property
or these Terms of Service.
You agree that your comments will not violate any right of any third-party,
including copyright, trademark, privacy, personality or other personal or proprietary right. You
further agree that your comments will not contain libelous or otherwise unlawful, abusive or
obscene material, or contain any computer virus or other malware that could in any way affect
the operation of the Service or any related website. You may not use a false e-mail address,
pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the
origin of any comments. You are solely responsible for any comments you make and their accuracy.
We take no responsibility and assume no liability for any comments posted by you or any
third-party.
SECTION 10- INTELLECTUAL PROPERTY
The Site contains content owned or licensed by Company (the "Content"). The Content
is protected by copyright, trademark, patent, trade secret and other laws and Company owns and
retains all rights in the Content and the Service. You will not remove, alter or conceal any
copyright, trademark, service mark or other proprietary rights notices incorporated in or
accompanying the Content and you will not reproduce, modify, adapt, prepare derivative works
based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise
exploit the Content.
The Company name and logo are trademarks of Company, and may not be copied,
imitated or used, in whole or in part, without prior written permission. In addition, all page
headers, custom graphics, and scripts are service marks, trademarks and/or trade dress of
Company, and may not be copied, imitated or used, in whole or in part, without prior written
permission from Company.
SECTION 11- ELECTRONIC COMMUNICATIONS, TELEMARKETING AND TEXT MESSAGES
Telemarketing (if applicable and when legally allowed): Regardless of the fact that
your telephone and/or cell number may be listed with the Federal Do-Not-Call Registry or your
local State Do-Not-Call list, by providing us your telephone and/or cell number, you are
providing express written consent to receive future information (including telemarketing) about
products and services from us or our affiliates, and you hereby agree and consent to our
contacting you using the information you have provided and will provide to us. This means that
within the time limits allowed by law, we may contact you by e-mail, phone and/or cell number
(including use of automated dialing equipment and/or pre-recorded calls), text (SMS) message,
social networks, or any other means of communication that your wireless or other
telecommunications device may be capable of receiving (i.e., video, etc.). You further
acknowledge that you are not required to agree directly or indirectly or enter into an agreement
regarding our telemarketing efforts as a condition of purchasing any goods or services from us
or our affiliates.
By accepting this Agreement and using our Site and Service, or by providing your
prior express consent/opt-in in accordance with applicable law, you consent to receive
communications from us electronically. Although we may choose to communicate with you by other
means, we may also choose to solely communicate with you electronically by e-mail or by posting
notices on the Site. You agree that all agreements, notices, disclosures, and other
communications that we send to you electronically satisfy any legal requirement that such
communications be in writing.
By providing your mobile phone number to us or our Network or where you provide
“prior express written consent” within the meaning of the Telephone Consumer Protection Act
(“TCPA”) or any applicable law, you consent to receive telephone calls, including artificial
voice calls, pre-recorded messages and/or calls delivered via automated technology and text and
SMS messages to the telephone number(s) that you provided from us listed in and hyperlinked to
the consent. Message Frequency Varies. The mobile carriers are not liable for delayed or
undelivered Messages. Consumers may request up to a maximum of twenty (20) messages per month,
with no more than three (3) text messages in one day. Your express consent to receive telephone
calls and SMS messages is not a condition of purchasing and availing our products and services.
You understand that the text messages we send may be seen by anyone with access to
your phone. Accordingly, you should take steps to safeguard your phone and your text messages if
you want them to remain private.
If you wish to stop receiving text messages from us, reply to any text message we
have sent you and simply text “STOP”, “END” or “QUIT”.
You may also request to stop receiving text messages by calling us or emailing us
using the following information:
etherton@pillowofcomfort.com
If at any time you need our contact information or information on how to stop text
messages, reply to any text message we have sent you and simply text HELP or click here for
support. Message and Data Rates May Apply to any text/SMS communication.
SECTION 12 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our
Privacy Policy. For more detail, please review our privacy policy.
We may also use your personal information, specifically your first name, in pop-ups
displayed on our websites, to show that you have recently purchased products or services from
us.
SECTION 13 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains
typographical errors, inaccuracies or omissions that may relate to product descriptions,
pricing, promotions, offers, product 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 in the Service or on any related website is
inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service
or on any related website, including without limitation, pricing information, except as required
by law. No specified update or refresh date applied in the Service or on any related website,
should be taken to indicate that all information in the Service or on any related website has
been modified or updated.
SECTION 14 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are
prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit
others to perform or participate in any unlawful acts; (c) to violate any international,
federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon
or violate our intellectual property rights or the intellectual property rights of others; (e)
to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on
gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f)
to submit false or misleading information; (g) to upload or transmit viruses or any other type
of malicious code that will or may be used in any way that will affect the functionality or
operation of the Service or of any related website, other websites, or the Internet; (h) to
collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider,
crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent
the security features of the Service or any related website, other websites, or the Internet. We
reserve the right to terminate your use of the Service or any related website for violating any
of the prohibited uses.
PROHIBITION ON RESALE
You may purchase products on the site only for personal use and not for resale. By
placing your order, you agree that you are purchasing products:
- for personal use; or
- for gifting purposes only
WE RESERVE THE RIGHT TO REFUSE ORDERS FOR ANY REASON WITHOUT EXPLANATION.
You further agree that, in no event, will you resell any product purchased on any
online marketplace, including but not limited to Amazon, Ebay, Wish, Walmart or all other
similar online marketplace.
In the event that you do resell your products purchased through any other type of
marketplace, you will:
- Ensure it is subject to a term that any subsequent purchaser not sell online
in any online marketplace as above;
- Mark the goods as used and previously purchased; and
- Provide no warranty.
SECTION 15 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our site or service will
be uninterrupted, timely, secure, or error-free.
We do not warrant that the results that may be obtained from the use of the site or
service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods
of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your
sole risk. The service and all products and services delivered to you through the service are
(except as expressly stated by us) 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.
In no case shall the Company, our directors, officers, employees, affiliates,
agents, contractors, interns, suppliers, service providers or licensors 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
service or any products procured using the service, or for any other claim related in any way to
your use of the service 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 service
or any content or product posted, transmitted, or otherwise made available via the service, even
if advised of their possibility. Because some states or jurisdictions do not allow the exclusion
or the limitation of liability for consequential or incidental damages, in such states or
jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 16 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless the Company and our parent,
subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service
providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand,
including reasonable attorneys’ fees, made by any third-party due to or arising out of your
breach of these Terms of Service or the documents they incorporate by reference, or your
violation of any law or the rights of a third-party.
SECTION 17 - SEVERABILITY
In the event any provision of these Terms of Service is determined to be unlawful,
void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent
permitted by applicable law, and the unenforceable portion shall be deemed to be severed from
these Terms of Service, such determination shall not affect the validity and enforceability of
any other remaining provisions.
SECTION 18 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination
date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or
us. You may terminate these Terms of Service at any time by notifying us that you no longer wish
to use our Services, or when you cease using our Site.
If in our sole judgment you fail, or we suspect that you have failed, to comply
with any term or provision of these Terms of Service, we also may terminate this agreement at
any time without notice and you will remain liable for all amounts due up to and including the
date of termination; and/or accordingly may deny you access to our Services (or any part
thereof).
SECTION 19 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of
Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this
site or in respect to the Service constitutes the entire agreement and understanding between you
and us and govern your use of the Service, superseding any prior or contemporaneous agreements,
communications and proposals, whether oral or written, between you and us (including, but not
limited to, any prior versions of the Terms of Service).
SECTION 20 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services
shall be governed by and construed in accordance with the laws of the province of British
Columbia and you consent to the exclusive jurisdiction of the courts of British Columbia.
If you have a complaint, please contact us via
etherton@pillowofcomfort.com.
If
you feel your complaint is not adequately addressed, you agree to first refer the dispute to
mediation in accordance with the governing law as set forth in this Section before resorting to
arbitration. If the dispute has not been settled by mediation, such dispute shall thereafter be
finally settled by arbitration also in accordance with the governing law as set forth in this
Section, rather than in court. You agree to share equally with us in the costs of the mediation
and/or arbitration.
You may opt out of this agreement to mediate and arbitrate. If you do so, neither
you nor the Company can require the other to participate in an arbitration proceeding. To opt
out, you must notify the Company in writing via
etherton@pillowofcomfort.com
within thirty (30) days of
the date that you first became subject to this mediation and arbitration provision.
SECTION 21 - 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, at our sole discretion, to update, change or replace any part
of these Terms of Service by posting updates and changes to our website. It is your
responsibility to check our website periodically for changes. Your continued use of or access to
our website or the Service following the posting of any changes to these Terms of Service
constitutes acceptance of those changes.
SECTION 22 - CANCELLATIONS
Unless otherwise provided herein or covered by our Pre-Order Policy, we try to ship
your product out as fast as possible once you have placed your order. Shipment means sending
your order to fulfillment to be processed by our warehouse staff. Orders can only be cancelled
if they haven’t been shipped. Cancellations can only be processed for a short period of time
after your order has been submitted. If you’d like to cancel your order prior to shipment,
please reach out to our customer service team. Pre-orders can be cancelled any time prior to
shipment. If your order cannot be cancelled, you may qualify to return and refund your order
under our Returns Policy.
In some cases, to the extent allowed by law, your approved
cancellation or return resulting in a refund shall be subject to a cancellation fee charge for
the cancellation of an order or return of the product to the warehouse. The cancellation fee
shall be deducted from your refund.
Cancel/Return Request
You cancelled an order within 24 hours after placing an order.
You cancelled an order before the product has been shipped or sent to
fulfillment.
You changed your mind about a purchase and returned an item in the
original condition within the return period mentioned in Sec. 23.
You refused delivery due to visible damage incurred during shipping or
caused by the carrier.
You returned a product that is materially different from what you
ordered.
Cancellation Fee
A cancellation fee of up to 15% of the order's amount
A cancellation fee of up to 15% of the order's amount
A cancellation fee of up to 25% of the product's price shall be charged
to you.
No cancellation fee.
No cancellation fee.
This Section does not apply to our Mystery Haul Sales which are final and not
subject to cancellation.
SECTION 23 - RETURNS AND EXCHANGE POLICY
Our Return Policy lasts 30 days and it takes effect from the time you receive your
purchase. If more than 30 days have gone by since delivery of your purchase, unfortunately we
can’t offer you a refund, exchange, or price equivalent in store credit.
For Returnable Items (not covered by Non-Returnable Items section below), assuming
you return your purchase within 30 days from receipt, to be eligible for a return:
- For hygiene and health reasons, specific products such as earbuds and
insoles, must be in brand new condition unused/unworn and in its original packaging.
- Product packaging must be intact and returned to us in an appropriate
shipping container.
- Product must be returned to the return facility address provided by our
customer service.
Non-returnable items:
- Gift cards
- Downloadable software products
- Product is returned damaged
- Mystery Haul Products
For reasons of health protection, sanitary and hygiene, unless they are faulty, we
cannot offer refunds on specific products such as earbuds and insoles unless they are returned
within 30 days from the time you received your purchase, new, unused/unworn, and intact in their
original packaging. Due to health protection or hygiene reasons, return of such product is not
suitable after it has been unsealed or the packaging opened because resale or reuse of our
product is impossible.
To ensure the quick processing of your return please confirm the return facility
address with our customer service at
etherton@pillowofcomfort.com
and provide us with the tracking
number. All products must be returned to the return facility address confirmed by our customer
service agent, otherwise we may reject your return. Once your return is received and inspected,
we will send you an email to notify you that we have received your returned item. Return will be
processed within 30 days upon receipt of the returned item at the returns facility. Once the
return has been processed, we will also notify you of the approval or rejection of your return.
Approved returns may be refunded, exchanged or issued store credit equivalent to
the purchase price. If you need to exchange your purchase for the same item or you want to
request for a refund or store credit, send us an email at
etherton@pillowofcomfort.com.
Approved refund will be issued to the same payment
method used for the order. For orders made by credit card, the amount to be refunded will be
visible on the next bank statement of the card. The time of processing may vary depending on the
issuing company of the credit card, this time generally takes up to 45 working days. Refund of
orders made by bank transfer will be completed on the original bank account within 48 hours from
issuance of credit note and only after receiving the bank details from customers. Refund is made
on the same currency of the original order. Possible difference in the refunded amount may
depend on variations of the currency exchange rate and will not be refunded. We prioritize and
endeavor to refund via your original form of payment. However, if we are unable to issue a
refund due to unavoidable exceptional circumstances, we will issue store credit.
If you are a customer in the European Union (EU), European Economic Area (EEA), and
the United Kingdom (UK), we are obligated as a merchant to inform you of the EU/EEA/UK right of
withdrawal under the Consumer Rights Directive, which are below.
If you have your habitual residence within a Member State of the European Union, of
the European Economic Area, or in the UK and are purchasing from us as a consumer (i.e., for
purposes which are outside your trade, business, craft or profession), you have the right to
withdraw from your purchase of physical goods within a period of 14 days from delivery, and to
return your purchase in exchange for a refund.
If you are a customer in the EU/EEA/UK, and you prefer a refund and your request
has been approved for being compliant with our Return Policy requirements, you must return such
item to us and we must receive it before the expiration of the 14th day from you notifying us
that you would like to withdraw from the sale or before the expiration of the 30th day from your
receipt of the order, whichever comes later. Once approved and provided we receive the returned
item before the expiration of said 14th day, we shall reimburse all payments received from you,
including the costs of delivery, without undue delay and in any event not later than 14 days of
notifying us that you would like to cancel your order, subject to refund processing periods
provided in the previous section. For faulty or defective goods, or for orders withdrawn within
the first 14 days of the return period and approved and provided we receive the returned item
before the expiration of said 14th day (when applicable), we shall reimburse all payments
received from you, including the costs of delivery, to the same payment method used for the
order, without undue delay and in any event not later than 14 days of notifying us that you
would like to withdraw your order, subject to refund processing periods provided in the previous
section.
Please be informed that we are based outside of the EU/EEA/UK and follow best
practices that may vary from the provisions of the Consumer Rights Directive in light of the
global pandemic and supply chain issues.
SHIPPING RETURNS
You will be responsible for paying for your own shipping costs for returning your
item. Shipping costs are non-refundable unless otherwise provided by applicable law.
For replacements, all related shipping and handling fees will be for your account.
Depending on where you live and other factors, there will be a shipping and handling fee of
US$10 per item or higher and the time it may take for your exchanged product to reach you, may
vary.
If you are shipping an item over US$75, you should consider using a trackable
shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your
returned item.
Please note that the PayPal’s Refunded Returns service may differ by country. You
can review the general conditions of use at the link above or contact PayPal for more
information. Be informed that the PayPal Refunded Returns Service is available only through the
PayPal website and that the Company bears no responsibility for PayPal’s Refunded Returns
Service, conditions of use or any changes or updates thereto.
Paypal’s Refunded Returns Service is subject to our Returns and Exchange Policy
under Sec. 23.
SECTION 24 - CONTACT INFORMATION
