Terms & Conditions
Slumber Cloud Terms & Conditions
Effective Date of Current Policy: February 1st, 2021
These terms and conditions (the “Terms”) apply to the website located at www.slumbercloud.com and all associated sites (collectively, the “Site”) operated by Global Web Horizons LLC. (“Slumber Cloud”, “GWH”, “we”, or “us”). The use of the Site, including the purchase of any Products (as defined below), is subject to the Terms. Please read these Terms carefully. By using this Site, you agree to these Terms as well as any other terms, guidelines or rules that apply to any portion of this Site, without limitation or qualification. If you do not agree to these Terms, then you must exit the Site immediately and discontinue any use of the information or products obtainable or accessible through the Site. If you have any questions about the Terms, please contact us at email@example.com.
These Terms provide that all disputes between you and Slumber Cloud relating to these Terms or your use of the Site or Products will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under these Terms, except for matters that may be taken to small-claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and your claims cannot be brought as a class action. Please review Section XVII (Dispute resolution) for the details regarding your agreement to arbitrate any disputes with Slumber Cloud.
We provide the Site in order to enable you to browse and purchase Slumber Cloud pillows (“Pillows”), sheets (“Sheets”), mattress pads (“Mattress Pads”), quilts and blankets ("Bedding"), and other products (collectively, the “Products”).
II. Electronic communication
When you visit the Site, or send us emails, you are communicating with us electronically. In doing so, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
If you choose to receive marketing text messages from us, either via our Site or by sending a text message indicating your consent, you consent to receive marketing or promotional SMS text messages from us sent through an automatic system. You can opt out of receiving any further text messages by replying “STOP”. For help, reply “HELP” to any text message.
If you change or deactivate the phone number you provided, you agree to update your phone number to prevent us from inadvertently communicating with anyone who acquires any phone number previously attributed to you.
No part of the Site is directed to persons under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, DO NOT USE OR ACCESS THIS SITE.
If you are using the Site on behalf of a company, entity, or organization (collectively “Organization”), then you represent and warrant that you (a) are an authorized representative of that Organization; (b) have the authority to bind that Organization to these Terms; and (c) agree to be bound by these Terms on behalf of that Organization.
Unless otherwise noted, all content included on this Site, including images, illustrations, designs, icons, photographs, video clips and written and other materials (together, “Slumber Cloud Content”) is the property of Slumber Cloud or its licensors, partners or affiliates and is protected by United States and international copyright laws. The compilation of this Site is the exclusive property of Slumber Cloud and is protected by United States and international intellectual property laws. Any unauthorized use of any Slumber Cloud Content on this Site is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes. You may use the materials or content on this Site only with our prior written and express authorization. To inquire about obtaining authorization to use the materials or content on this Site, please contact us at firstname.lastname@example.org.
All trademarks, service marks, and trade names (collectively the “Marks”) that appear on this Site are proprietary to Slumber Cloud, or the other respective owners of such Marks. You may not display or reproduce the Marks in any manner without the prior written consent of Slumber Cloud, and you may not remove or otherwise modify in any manner any trademark notices from any content offered or received through the Site.
VI. Limited license and Site access
We grant you a limited license to use the Site for personal use only. Consequently, this grant does not allow you to do any of the following: (a) resell or make any commercial use of this Site or any of the contents of this Site; (b) modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form any of the contents of this Site not intended to be so read. Including using or directly viewing the underlying HTML or other code from this Site except as interpreted and displayed in a web browser; (c) copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any of the contents of this Site (including any Marks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; or (d) use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods on the contents of the Site or to collect any information from the Site or any other user of the Site.
VII. Accounts, forms, registrations and passwords
You represent and warrant that the information you provide to Slumber Cloud upon creating an account on the Site and at all other times will be true, accurate, current, and complete.
To facilitate future purchases on the Site, you may choose to create an account by providing an e-mail address and password. Please note that you may choose to use the Site and make purchases without creating an account. If you do create an account, your account is personal to you, and you may not share your account information with, or allow access to your account by, any third-party. As you will be responsible for all activity that occurs under your access credentials, you agree to use reasonable efforts to prevent unauthorized access to or use of the Site and to preserve the confidentiality of your username and password, and any device that you use to access the Site.
You agree to notify us immediately of any breach in secrecy of your log-in information.
If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third-party, you agree to immediately notify Slumber Cloud by e-mail to email@example.com. You will be solely responsible for the losses incurred by Slumber Cloud and others due to any unauthorized use of your account.
VIII. Fees and payments; shipping; In-home setup
Prices. The price for Products available for purchase through the Site will be displayed to you on the Site. The prices displayed do not include taxes. Prices for the Products will be displayed in US dollars. Any applicable taxes will be communicated to you before you place an order. There is no charge for shipping of Products unless otherwise indicated. Additional shipping fees apply for Canada addresses unless otherwise indicated.
Payments. The Site currently uses third parties to process payments. Our third-party payment processors accept payments through various credit cards, including Visa, MasterCard, American Express and Discover, as detailed on the applicable payment screen. You may also finance your purchase of Products through PayPal, as detailed on the payment screen.
IX. Gift and promo codes
From time to time, Slumber Cloud may offer qualified consumers “gift codes” or “promo codes” through a variety of promotional activities and communications (collectively referred to herein as “promo codes”) that are redeemable towards a purchase on slumbercloud.com, while supplies last, and subject to certain merchandise exclusions or any other restrictions as may be determined and communicated by Slumber Cloud in its sole discretion. Only valid promo codes provided or promoted by Slumber Cloud will be honored at checkout. Codes supplied or promoted by third parties unauthorized by Slumber Cloud (including any unauthorized third-party websites) will not be considered valid. Each promo code promoted by Slumber Cloud is non-transferable and valid for single use on an item (or items) of merchandise as determined by Slumber Cloud. Promo codes may not be combined, are valid only on full-priced items unless stated otherwise, may not be used on any items that are marked as “Final Sale” unless stated otherwise, and may not be used in conjunction with any other offer unless stated otherwise – customers are limited to the use of a single promo code per order. Promo codes cannot be used toward purchase of packaging or applicable taxes. For online purchases, the code must be entered in the “promo code” field at checkout. Slumber Cloud is not responsible for lost, stolen or corrupted codes or any unauthorized use of codes. Promo codes cannot be redeemed for cash or any cash equivalent; no substitutions or credits allowed. The dollar value of any promo code will not be refunded or credited back if any or all of the merchandise is returned. If an promo code provides for free or discounted item(s) with a qualifying purchase, the full retail value of the free or discounted item(s) will be deducted from any refunded amounts if the free or discounted item(s) are not returned with the qualifying product. Expiration dates may apply to each promo code. Slumber Cloud reserves the right to cancel, a promo code at anytime for any reason. Promo codes are void if copied, transferred, sold, exchanged or expired, and where prohibited. Requests not complying with all promo code requirements will not be honored.
Spokespeople. From time to time, Slumber Cloud may also engage spokespeople, influencers, bloggers, or other individuals or entities who have been compensated or incentivized to speak on behalf of the brand. When you receive a promo code via a third-party source, such as a television or radio show host, please note that such individuals may have been compensated by Slumber Cloud for their statements.
We stand behind our Products. For specific warranty information applicable to our Products, please see the bottom of this page (together, the “Product Warranties”). The Product Warranties are incorporated by reference into these Terms. To the extent there is a conflict between the terms of any Product Warranty and these Terms, the terms of the applicable Product Warranty shall govern.
If you are dissatisfied or believe there is a defect in any of your Products, please review the relevant warranty and, if you believe that you are entitled to take advantage of those terms, please contact us at firstname.lastname@example.org.
XI. Refunds and returns; cancellation
Cancellations. You may cancel an order any time prior to shipment. If the product has been shipped, you’ll no longer be able to cancel your order.
Returns. Subject to the exceptions set forth below, you may return any Product within the applicable Product's trial period (each, a "Trial Period”) after your receipt of that particular Product, provided that the Product is located in the United States (not including US territories) or Canada, and subject to the conditions described below. You can find a summary of our Trial Periods policy here. Refunds will be issued in the form of the original payment. If you purchased the Product using an promo code or gift code, the dollar value of any promo code will not be refunded or credited back if any or all of the merchandise is returned. Please note that we do not refund any shipping costs or fees.
Trial Period Exceptions. Any Product that is marked as “Final Sale,” may not be returned or exchanged, except in the event of a Defect, as defined in the applicable Product Warranty.
Return Procedure. Return shipping is free, provided that the Product being returned is located in the United States (not including US territories). Refunds will be issued in the form of the original payment. Please follow the instructions below to return your Product.
If you want to return a Product within the applicable Product’s Trial Period after your receipt, please log-in to your Slumber Cloud account, click on the Returns page and select the item you would like to return. Please follow the instructions and confirm the return. After confirmation, you will receive an e-mail containing a complimentary return shipping label for you to apply to the box as well as a return receipt. Please place the Product(s) you would like to return, along with the return receipt, in the box, affix the shipping label to the outside of the box, and drop off the box at your nearest carrier location. All returns must be delivered to UPS or Postal Service (per applicable label) prior to the expiration of the applicable Product’s Trial Period.
Return Conditions. The following conditions also apply to Product returns:
- Products must be in a donatable condition to be eligible for return (e.g., no stains, tears or other soiling including odors).
- Products may not be returned from outside the United States or Canada.
- Customers may return a maximum of two (2) of each particular Product per initial order, validated by a customer name or shipping address (i.e. please try a Product first—we are happy to send you more later!)
- If at least one of a particular Product type is returned from an initial order, that customer or shipping address will not be eligible for additional Trial Periods on subsequent orders of that particular Product (e.g. if you return a Pillow, you will not be eligible for the applicable Trial Period on future Pillow orders).
Title. Risk of loss and title for Products purchased from Slumber Cloud pass to you upon delivery of such Products (by Slumber Cloud or our manufacturer) to the carrier. You are responsible for filing any claims with carriers for damaged or lost shipments.
XII. Content you submit to Slumber Cloud
From time to time, Slumber Cloud may allow you to post reviews, comments, photos, or similar materials on the Site (collectively, “Reviews”). We welcome your comments regarding our Products and services, including our Site. However, any Reviews you submit to Slumber Cloud must not harass, slander, malign, libel, defame, threaten, or otherwise violate any rights of any third-parties and must not include any profanity, obscene, indecent, pornographic, defamatory or unlawful material.
By posting a Review on the Site, you hereby grant Slumber Cloud an unrestricted, assignable, sublicensable, perpetual, royalty-free, fully paid-up license throughout the world to reproduce, distribute, publicly display, transmit, communicate to the public, publicly perform on a through-to-the-audience basis, create derivative works from, and otherwise use and exploit (collectively, “Use”) all Reviews you post to the Site, for any purpose, including promoting and marketing Slumber Cloud and the Products. You further grant Slumber Cloud a royalty-free license to Use the name, image, and likeness of any person identifiable in any Review you post to the Site. By posting a Review, you waive any and all rights of publicity, privacy or any other rights of a similar nature, in addition to any moral rights you may have in your Review. Except for materials provided to you by Slumber Cloud through the Site, you represent, warrant, and covenant that (i) you either are the sole and exclusive owner of Reviews that you post to the Site, or you have all rights, licenses, consents, and releases that are necessary to grant to Slumber Cloud the rights in your Reviews as contemplated under the Terms, and (ii) the Reviews you post to the Site do not (A) infringe, misappropriate or violate the rights of any party or entity, including a third-party’s patent, copyright, trademark, trade secret, moral rights, rights of publicity, rights of privacy or other intellectual property or proprietary rights, (B) constitute or result in defamation, libel, slander, or the violation of any applicable law or regulation (including, without limitation, restrictions on obscenity, child pornography, wiretap laws or other similar restrictions on nonconsensual recording, or otherwise), or (C) require Slumber Cloud to obtain any licenses from or make any payments in any amounts to any third-party throughout the world.
No Objectionable Content. You agree not to submit Reviews that: (i) are or could be interpreted to be infringing, defamatory, libelous, inaccurate, unlawful, harmful, threatening, abusive, harassing, vulgar, offensive, obscene, pornographic, objectionable, hateful, or promotes discrimination, bigotry, racism, or hatred, as determined by Slumber Cloud in its sole discretion; or (ii) introduce viruses, time-bombs, worms, cancel bots, Trojan Horses and/or other harmful or malicious code.
XIII. Digital Millennium Copyright Act
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the Site infringe your copyright, you (or your agent) may send Slumber Cloud a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked.
The notice must include the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;
- Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works);
- Identification of the specific material alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Slumber Cloud to locate the material on the Site;
- Your name, address, telephone number, and e-mail address (if available);
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Slumber Cloud a counter-notice.
Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Site should be sent to 8141 N I-70 Frontage Road, Unit 2, Arvada, CO 80002 or email@example.com. Consult your legal advisor and see 17 U.S.C. § 512 before filing a notice or counter-notice as there are penalties for false claims under the DMCA.
XIV. Use of the Site
You agree to use the Site only for its intended purpose. You must use the Site in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the Site are prohibited. You may not:
- attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the Site, user accounts, or the technology and equipment supporting the Site;
- frame or link to the Site without permission;
- use data mining, robots, or other data gathering devices on or through the Site;
- post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity;
- disclose personal information about another person or harass, abuse, or post objectionable material;
- sell, transfer, or assign any of your rights to use the Site to a third-party without our express written consent;
- post advertising or marketing links or content, except as specifically allowed by these Terms;
- use the Site in an illegal way or to commit an illegal act in relation to the Site or that otherwise results in fines, penalties, and other liability to Slumber Cloud or others; or access the Site from a jurisdiction where it is illegal or unauthorized.
We do not represent or guarantee the truthfulness, accuracy, or reliability of content, posted by third parties. You accept that any reliance on material posted by third-party service providers will be at your own risk. By using the Site you accept the risk that you might be exposed to content that is objectionable or otherwise inappropriate. We may change, suspend, or discontinue any aspect of the Site at any time, including hours of operation or availability of the Site or any feature, without notice or liability.
User Disputes. We are not responsible for any disputes or disagreements between you and any third-party you interact with using the Site. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. To the fullest extent permitted by law, you release Slumber Cloud of all claims, demands, and damages in disputes among users of the Site. You also agree not to involve us in such disputes. Use caution and common sense when using the Site.
Content Accuracy. We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the Site. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through the Services. Use the Site at your own risk.
We make no promises and, to the fullest extent permitted by law, disclaim all liability of specific results from the use of the Site.
Released Parties Defined. “Released Parties” include Slumber Cloud and its affiliates, officers, employees, agents, partners, and licensors.
EXCEPT AS EXPRESSLY PROVIDED IN THE PRODUCT WARRANTY, ANY OTHER PRODUCT WARRANTY FOR PURCHASED PRODUCTS, YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW: (A) YOUR USE OF THE SERVICES, SITE AND PRODUCTS IS AT YOUR SOLE RISK, AND THE SERVICES, SITE AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES LISTED ON THE SITE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY GOODS OR SERVICE AVAILABLE ON THE SITE WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE SITE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE THAT RESULTS FROM THE USE OF ANY SUCH MATERIAL.
XVI. Limitation on liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, THE RELEASED PARTIES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SLUMBER CLOUD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD-PARTY ON THE SITE; (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (vi) ANY OTHER MATTER RELATING TO THE SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITE OR YOUR USE OF SLUMBER CLOUD CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100.
XVII. Dispute resolution
For purposes of the Dispute Resolution Policy, a “Dispute” is defined as any controversy, claim, dispute, or difference arising between you and Slumber Cloud out of or relating to this Agreement, the Products (including your use thereof), your transacting business with Slumber Cloud in any way, or your use of the Website in any way.
Any Dispute shall be resolved solely and exclusively by arbitration to be held in Denver, Colorado, with a single disinterested arbitrator and pursuant to Colorado law. You expressly acknowledge that arbitration does not permit class action proceedings, and by entering into this Agreement, you expressly waive any right to participate in a class action proceeding, either as a representative, participant, or member, and you expressly agree to proceed in a non-class arbitration. Except as may be required to enforce an arbitration decision, you and Slumber Cloud expressly waive any right to file any legal action in any other state or federal court or before any other tribunal, and any right to a trial by jury. Each party to such arbitration shall be responsible for its own attorneys’ fees and costs regardless of the outcome of the arbitration.
Notwithstanding any of these Terms, we reserve the right, without notice or attendant liability, and in our sole discretion, to terminate your license to use this Site, and to block or prevent future access to and use of this Site for any reason or no reason. Upon termination, these Terms will still apply.
XIX. We reserve the right to update and revise these terms at any time
From time to time we review these Terms to ensure that they comply with applicable law. Consequently, we reserve the right to update and revise these Terms at any time. You will know if these Terms have been revised since your last visit to the website by referring to the “Effective Date of Current Policy” date at the top of this page; provided, however, that we will endeavor to provide you with prior notice of any material changes that will apply to you. Your use of our website constitutes your acceptance of these Terms.
Either party’s failure to partially or fully exercise any rights or waiver of any breach of these Terms by the other party shall not prevent such party’s subsequent exercise of such right or be deemed a waiver by such party of any subsequent breach by the other party of the same or any other term of these Terms.
If any of these Terms are deemed invalid, void, or for any reason unenforceable, that term will be severed and will not affect the validity and enforceability of any remaining term or condition. NOTHING IN THESE TERMS WILL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.
XXII. Entire agreement
These Terms (including any document or terms expressly incorporated into these Terms) constitute the entire agreement between you and Slumber Cloud with respect to this Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written with respect to this Site. A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved.
Slumber Cloud 180 Day Warranty
Effective Date of Current Policy: February 1st, 2021
Your new Slumber Cloud Products are covered by a 180 day limited warranty (the "Product Warranty"). This limited Product Warranty gives you specific legal rights, and you may also have other rights which vary from state to state.
I. Products covered by this limited Product Warranty
This limited Product Warranty extends to all bedding and apparel products manufactured and sold by Slumber Cloud, purchased directly from Slumber Cloud or Slumber Cloud’s authorized retailers, and located in the United States (not including US territories) or Canada.
II. Who this Product Warranty extends to
This limited Product Warranty extends to the original purchaser of any product who is located in the United States (not including US territories) or Canada. The limited Product warranty does not extend to customers who purchased their products through Slumber Cloud’s trade program and use those products for commercial purposes (for example, in a hotel or store).
All Slumber Cloud warranties, including any implied warranties, are valid only for the period of time the Product is owned by the original purchaser of the Product. The “original purchaser,” for the purposes of this Product Warranty, is the first purchaser of the Product from Slumber Cloud or a Slumber Cloud authorized retailer. Please retain a copy of your receipt as proof of purchase. All Slumber Cloud limited warranties are not transferable.
III. Slumber Cloud's limited Product Warranty and responsibilities
Slumber Cloud warrants the products in its original packaging sold to you against defects in material and workmanship set forth below (“Defects”) for a period of 180 days from the time your product is purchased by you, when the product is used normally for their intended purposes in the home.
IV. What this limited Product Warranty covers
This limited Product Warranty applies to Defects due to faulty workmanship or materials, subject to the limitations described in this warranty.
This limited Product Warranty does not cover the following:
- Normal wear and tear as a result of washing and intended use.
- Comfort preference.
- Physical abuse or damage to the product, including but not limited to, burns, cuts, tears, liquid damage, or stains (including bleach, discoloration, fading, or color bleeding); provided that the defect is caused by such abuse or damage.
- Damage caused by commercial use, such as in a hotel or store.
- “Cooling” or Temperature preference
- Damage caused by not following the care instructions
- Damage caused by your mattress, the mattress cover, or other bedding (in particular backing fraying on the mattress pad)
In the event of a Defect, Slumber Cloud’s sole and exclusive liability and your sole remedy under this limited Product Warranty will be, at Slumber Cloud’s option, to provide a replacement Product, subject to your fulfillment of “Your Responsibilities” below.
V. Your responsibilities
In the event of a Defect and in order to get the benefit of this limited Product Warranty, you must return your Products to Slumber Cloud and provide Slumber Cloud with proof of the original date of purchase. Should shipping costs be required to return your Product, you will be responsible for those costs. Evidence of a Defect and any claims must be sent to the address set forth at the end of this limited Product Warranty. In the event of a Defect, Slumber Cloud will ship replacement products (if applicable) to you.
Replacement Products are subject to the same limited Product Warranty as the original product. If you obtain a replacement product, the warranty term of the replaced product begins from the date of purchase of the original product.
VI. Disclaimer, limitation on liability
TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, THE PRODUCTS ARE PROVIDED “AS IS” AND THIS LIMITED PRODUCT 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 PRODUCT WARRANTY, IN NO EVENT WILL SLUMBER CLOUD 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 PRODUCTS 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 SLUMBER CLOUD HAS BEEN ADVISED OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SLUMBER CLOUD’S TOTAL LIABILITY WILL NOT EXCEED THE PURCHASE PRICE PAID FOR THE PRODUCTS 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.
VII. Governing law
This limited Product Warranty will be governed by the laws of the State of Colorado.
GLOBAL WEB HORIZONS LLC
8141 N I-70 FRONTAGE RD
ARVADA CO 80002