Read Terms Below for Sleepnitez Lifetime Limited Warranty
If you purchased your product on sleepnitez.com, no need to register your product to activate your warranty.
Note: Products sold as “Final Sale” or “Clearance” items may be covered by shorter warranty terms than those stated below. Please refer to the “Final Sale and Clearance Items” section below for further details about a particular Product’s warranty terms.
Sleepnitez Lifetime Limited Pillow Warranty
Your new Sleepnitez pillow is covered by a lifetime limited warranty (the “Pillow Warranty”). This limited Pillow Warranty gives you specific legal rights, and you may also have other rights which vary from state to state. The Sleepnitez Pillow Warranty was last updated on 3/17/2019.
A. Products covered by this limited Pillow Warranty
This limited Pillow Warranty extends to the original purchaser of any Pillow who is located in the United States (not including US territories). The limited Pillow Warranty does not extend to customers who purchased their Pillows through Sleepnitez’s trade program and use those Pillows for commercial purposes (for example, in a hotel or store).
B. Who this Pillow Warranty extends to
All Sleepnitez warranties, including any implied warranties, are valid only for the period of time the Pillow is owned by the original purchaser of the Pillow. The “original purchaser,” for the purposes of this Pillow Warranty, is the first purchaser of the Pillow from Sleepnitez or a Sleepnitez authorized retailer. Please retain a copy of your receipt as proof of purchase. All Sleepnitez limited warranties are not transferable.
C. Sleepnitez’s limited Pillow Warranty and responsibilities
Sleepnitez warrants the Pillow in its original packaging sold to you against defects in material and workmanship set forth below (“Defects”) for the lifetime of your Pillow purchased by you, when the Pillow is used normally for its intended purposes in the home.
D. What this limited Pillow Warranty covers
This limited Pillow Warranty applies to Defects due to faulty workmanship or materials, subject to the limitations described in this warranty.
This limited Pillow Warranty does not cover the following:
- Normal increases in softening and settling of materials, or any other normal wear and tear.
- Comfort preference.
- Physical abuse or damage to the structure and/or cover material, including but not limited to, burns, cuts, tears, liquid damage, or stains; provided, that the defect is caused by such abuse or damage.
- Damage caused by commercial use, such as in a hotel or store.
- Any Pillow (whether manufactured by Sleepnitez or not) sold by resellers who are not authorized retailers.
In the event of a Defect, Sleepnitez’s sole and exclusive liability and your sole remedy under this limited Pillow Warranty will be, at Sleepnitez’s option, to provide a repaired or replacement Pillow or Pillow Cover, subject to your fulfillment of “Your Responsibilities” below.
E. Your responsibilities
In the event of a Defect and in order to get the benefit of this limited Pillow Warranty, you must return your Pillow to Sleepnitez and provide Sleepnitez with proof of the original date of purchase. Should shipping costs be required to return your Pillow, you will be responsible for those costs, if on examination, it is found that the claim is covered by the warranty, the shipping will be reimbursed by Sleepnitez . Evidence of a Defect and any claims must be sent to the address set forth at the end of this limited Pillow Warranty. Sleepnitez will repair or replace (as applicable) and ship your Pillow back to you.
Replaced or repaired Pillows are subject to the same limited Pillow Warranty as the original Pillow. If you obtain a replaced or repaired Pillow, the warranty term of the replaced or repaired Pillow begins from the date of purchase of the original Pillow.
F. Disclaimer, limitation on liability
TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, THE PILLOW IS PROVIDED “AS IS” AND THIS WARRANTY AND ANY IMPLIED WARRANTIES ARE YOUR EXCLUSIVE WARRANTIES AND REPLACE ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS SET FORTH IN THIS LIMITED PILLOW WARRANTY, IN NO EVENT WILL SLEEPNITEZ OR ITS SUPPLIERS BE LIABLE FOR PROCUREMENT OF SUBSTITUTE PRODUCTS OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATED TO THE PILLOW OR ITS USE BY YOU OR ANY THIRD PARTY, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, PRODUCT LIABILITY OR OTHERWISE. THIS LIMITATION WILL APPLY EVEN IF SLEEPNITEZ HAS BEEN ADVISED OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SLEEPNITEZ’S TOTAL LIABILITY WILL NOT EXCEED THE PURCHASE PRICE PAID FOR THE PILLOW GIVING RISE TO SUCH LIABILITY.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
G. Arbitration
Generally. You and Sleepnitez agree that you and Sleepnitez will resolve any dispute arising out of or in any way related to this Pillow Warranty, the Sleepnitez Terms and Conditions, or the purchase, receipt, order or use of any Sleepnitez Products through binding arbitration, as fully set forth in the Sleepnitez Terms and Conditions found at sleepnitez.com/terms, and as stated herein. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to this Pillow Warranty, the Sleepnitez Terms and Conditions, or the purchase, receipt, order or use of any Sleepnitez Products, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of this Pillow Warranty. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND SLEEPNITEZ ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Exceptions. Despite the provisions of the Section entitled “Generally” directly above, nothing in this arbitration agreement will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court or (b) to file suit in a court of law to address an intellectual property infringement claim.
Arbitrator. Any arbitration between you and Sleepnitez will be governed by the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these arbitration terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Sleepnitez. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by U.S. Mail and electronic mail (“Notice”). Sleepnitez’s address for Notice is: 1968 S. Coast Hwy #1417, Laguna Beach CA 92651 and legal@sleepnitez.com. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or Sleepnitez may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Sleepnitez must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, Sleepnitez will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by Sleepnitez in settlement of the dispute prior to the arbitrator’s award; or (iii) $1,000.
Fees. If you commence arbitration in accordance with this provision, the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Sleepnitez registerd office location, but if the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Sleepnitez for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
No Class Actions. YOU AND SLEEPNITEZ AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Sleepnitez agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding and may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
Enforceability. If the Section entitled “No Class Actions” is found to be unenforceable or if the entirety of this arbitration agreement is found to be unenforceable, then the entirety of this arbitration agreement will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described directly below will govern any action arising out of or related to this Pillow Warranty, the Sleepnitez Terms and Conditions, or the purchase, receipt, order or use of any Sleepnitez Products.
Choice of Law; Venue. This Pillow Warranty will be governed and construed in accordance with the laws of the State of New York, excluding its conflicts of law rules. If a lawsuit or court proceeding is permitted under this Pillow Warranty, then you and Sleepnitez agree to submit to the personal and exclusive jurisdiction and venue of the state and federal courts located within New York, New York.
H. Governing law
This limited Pillow Warranty will be governed by the laws of the State of New York.
I. Warrantor
Sleepnitez, 1968 S. Coast Hwy #1417, Laguna Beach CA 92651 support@sleepnitez.com
Sleepnitez Final Sale and Clearance Items
Unless otherwise indicated, products purchased from Sleepnitez that are marked as “Final Sale” or “Clearance” are subject to the modified limited warranty terms described below:
Your new Sleepnitez Pillow that was purchased that was marked as a “Final Sale” or “Clearance” item is covered by the Pillow Warranty described above, provided, that the term of such warranty extends for a period of 3 months from the date you purchased the Sleepnitez Pillow All other terms and conditions of the Pillow Warranty will apply as specified above.