Please read the following carefully as it affects your legal rights. These terms & conditions contain an agreement to arbitrate that requires the use of arbitration on an individual basis to resolve disputes rather than jury or any other court proceedings, or class actions of any kind.
If at any time you do not accept all of these Terms & Conditions, you must immediately stop using the Site.
Cookies and log files
Ensuring the privacy and security of your personal information is of utmost importance to us. The personal information you provide us while creating is kept safely on our web server and internal systems. We use your personal information to process your order and provide you with customer service. We may also use this information for future marketing initiatives so that we can update you about our best deals. We will use your information to communicate with you about our site and your shopping experience with us so that we can take your feedback. We will always treat your personal data with care and respect your privacy.
When purchasing a product from SlumbrSpace or signing up for our email service, you acknowledge and accept that you may receive special offers electronically and by other means directly from SlumbrSpace. We may send you information on sales discounts, new merchandise and any other news which we feel could be useful to our customers to enhance their shopping experience. The email addresses collected at SlumbrSpace are used only for internal purposes. We will not sell, rent, trade, license or otherwise disclose your email address to anyone. You will, of course, not receive spam or other unwanted mail from us.You may unsubscribe or opt out of our mailing list at any point.
The orders that you place on our website are encrypted using safe SSL technology, which employs mutual authentication, data encryption, and data integrity for secure transactions, so rest assured that your transactions are protected.
Should you still have concerns about ordering online, feel free to get in touch with us.
Shipping And Handling Method
Orders are prioritized by first ordered, first served basis. All orders will be processed and shipped via one of the shipping carriers including, but not limited to, Canada Post, EMS, UPS, DHL, FedEx, depending upon location and size of the order. Average manufacturing time frame is 1-2 weeks, average delivery time is 1-4 weeks, depending on destination.
The Site is controlled and operated by SlumbrSpace from the Province of Ontario, Canada, and is not intended to subject SlumbrSpace to the laws or jurisdiction of any province, country or territory other than that of Ontario, Canada. SlumbrSpace does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction other than Canada. In choosing to access the Site, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations.
Disclaimers of Warranties
SlumbrSpace cannot and does not represent or warrant that the Site or its server will be error-free, uninterrupted, free from unauthorized access (including denial of service attacks), or otherwise meet your requirements. The site and all information, content, materials, products, services, and user content included on or otherwise made available to you through the site (collectively, the "site contents") are provided by SlumbrSpace on an "as is," "as available" basis, without representations or warranties of any kind. SlumbrSpace makes no representations or warranties of any kind, express or implied, as to the operation of the site, the accuracy or completeness of the site contents, or that emails sent from SlumbrSpace are free of malware or other harmful components. You expressly agree that your use of the site is at your sole risk. To the full extent permitted by law, SlumbrSpace disclaims any and all representations and warranties with respect to the site and the site contents, whether express or implied, including, without limitation, warranties of title, merchantability, and fitness for a particular purpose or use.
As a condition of the use of the Site, you agree to defend, indemnify, and hold harmless SlumbrSpace and its respective employees, directors, officers, agents, vendors, and suppliers from and against any liabilities, losses, investigations, inquiries, claims, suits, damages, costs, and expenses (including, without limitation, reasonable attorneys’ fees and expenses) (each, a "Claim") arising out of or otherwise relating to Claims alleging facts that if true would constitute a breach by you of these Terms & Conditions, or any User Content submitted by you.
I understand that SlumbrSpace pillow is not intended to diagnose, treat, cure, or prevent any disease. I understand the information on this website or in emails is designed for educational purposes only and is not intended to be a substitute for informed medical advice or care. I understand I should not use this information to diagnose or treat any health problems or illnesses without consulting my doctor. I also understand that any product purchased from SlumbrSpace is not intended or to be used to treat any type of medical condition.
Limitation of Liability
Under no circumstances shall SlumbrSpace or its employees, directors, officers, or agents be liable for any direct or indirect losses or damages arising out of or in connection with your use of or inability to use the site. This is a comprehensive limitation of liability that applies to all losses and damages of any kind (whether general, special, consequential, incidental, exemplary or otherwise, including, without limitation, loss of data, income or profits), whether in contract or tort, even if SlumbrSpace been advised of or should have known of the possibility of such damages. If you are dissatisfied with the site, any content on the site, or these terms & conditions, your sole and exclusive remedy is to discontinue using the site. You acknowledge, by your use of the site, that your use of the site is at your sole risk. Applicable law may not allow the limitation of liability set forth above, so this limitation of liability may not apply to you, and you may have rights additional to those contained herein. The foregoing paragraph shall not apply to residents of new jersey. With respect to residents of new jersey, SlumbrSpace or its employees, directors, officers, or agents shall not be liable for any losses or damages arising out of or in connection with your use of or inability to use the site, or any materials therein unless such damages or injuries are the result of SlumbrSpace’s negligent, fraudulent or reckless acts or intentional misconduct. Each provision of these terms & conditions that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is to allocate the risks under the agreement between you and SlumbrSpace. This allocation is an essential element of the basis of the bargain between you and SlumbrSpace. The limitations in this section will apply even if any limited remedy fails of its essential purpose(s).
We guarantee our product to be free of manufacturing errors or product defects. If there is a quality issue with your order, you may return it in new condition and in its original packaging for a prompt exchange for the same item, or immediate full refund. Understandably, as these custom pillows are made to order, items cannot be accepted for return, unless there is a manufacturing error or product defect. All refunds and exchanges must be made within 30 days of receipt. Please check your order carefully upon receipt.
Purchaser Reviews and Submissions
SlumbrSpace welcomes your reviews, comments, and other communications, photos, videos, or any other content that you submit through or to the Site, or any content or information you publish through any social media and allow SlumbrSpace to feature, such as your name, social media handle, accompanying text, and any images from your social media accounts (e.g. Twitter™, Facebook™) (collectively, "User Content") as long as the User Content submitted by you complies with these Terms & Conditions. You agree that any User Content: will be accurate; will not violate or facilitate the violation of any law or regulation; will not violate any right of a third party, including copyright, trademark, privacy, or publicity rights; will not cause injury to any person or entity; and will not contain, or provide links to, obscene, profane, or threatening language, malware, political campaigning, commercial solicitation, chain letters, mass mailings, any form of "spam", or any material that could be considered harmful, sexually explicit, indecent, lewd, violent, abusive, or degrading. You are solely responsible for the User Content you submit, and SlumbrSpace assumes no liability for any User Content submitted by you. You acknowledge and agree that we reserve the right (but have no obligation) to do any or all of the following, in our sole discretion: (i) monitor User Content; (ii) alter, remove, or refuse to post or allow to be posted any User Content; and/or (iii) disclose any User Content, and the circumstances surrounding its transmission, to any third party. For any User Content you submit, you grant to SlumbrSpace a non-exclusive, sub-licensable, fully paid-up, perpetual, irrevocable, royalty-free, transferable right and license to use, display, perform, transmit, copy, modify, delete, adapt, publish, translate, create derivative works from, sell and distribute such User Content and to incorporate the User Content into any form, medium, or technology, now known or hereafter developed, throughout the world, all without compensation to you. For this reason, do not send us any User Content that you do not wish to license to us, including any confidential information or any original creative materials such as stories, product ideas, or original artwork. In addition, you grant to SlumbrSpace the right to include the name provided along with the User Content submitted by you; provided, however, SlumbrSpace shall have no obligation to include such name with such User Content. We are not responsible for the use or disclosure of any personal information that you voluntarily disclose in connection with any User Content you submit. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section. Content is also provided by third party visitors to the Site. Please note that Site visitors may post content that is inaccurate, misleading, or deceptive. SlumbrSpace neither endorses nor is responsible for any opinion, advice, information, or statements made by third parties. The opinions expressed by third parties reflect solely the opinions of the individuals who submitted such opinions and may not reflect the opinions of SlumbrSpace.
You and SlumbrSpace agree that in the event of any claim, dispute, or controversy (whether in contract, tort, or otherwise) arising out of, relating to, or connected in any way with the site, the purchase of products from SlumbrSpace, or the breach, enforcement, interpretation, or validity of these terms & conditions, such claim, dispute or controversy will be resolved exclusively by final and binding arbitration, except as otherwise set forth in these terms & conditions. Arbitration is more informal than a lawsuit in court and uses a neutral arbitrator instead of a judge or jury. Arbitration is subject to very limited review by courts, but arbitrators can award the same damages and relief that a court can award. Notwithstanding the foregoing: (i) in lieu of arbitration, either you or SlumbrSpace can bring an individual claim in small claims court in province of Ontario, consistent with any applicable jurisdictional and monetary limits that may apply, provided that it is brought and maintained as an individual claim; and (ii) you agree that you or SlumbrSpace may bring suit in court to enjoin infringement or other misuse of intellectual property rights. If you intend to seek arbitration you must first send written notice (“Notice”), by first class or certified mail, to SlumbrSpace, 80 Dynamic Drive, Unit 2, Toronto, ON M1V2V1, Canada. If SlumbrSpace intends to seek arbitration, SlumbrSpace will send Notice to the current billing address on your account. The Notice must describe the nature and basis of the claim and the specific relief sought. If the parties cannot reach an agreement within thirty (30) days from the receipt of the Notice, either party may initiate arbitration proceedings. A form to initiate arbitration proceedings is available on the Canadian Arbitration Association (CAA) site at canadianarbitrationassociation.ca. In addition to filing this form with the CAA, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send such copy to SlumbrSpace, 80 Dynamic Drive, Unit 2, Toronto, ON M1V2V1, Canada and SlumbrSpace will send such copy to the current billing address on your account. The arbitration will be conducted under the then current rules of the CAA. The CAA rules are available online at canadianarbitrationassociation.ca or by calling the CAA at 1-416-362-8555. The making of claims or resolution of disputes pursuant to this agreement shall be in your individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. You agree that to the extent permitted by applicable law: (1) any and all disputes, claims, and causes of action arising out of or connected with the site, the purchase of products from SlumbrSpace and/or these terms & conditions will be resolved individually in the forum designated in this disputes section, without resort to any form of class action; and, (2) except where prohibited by law, any and all claims, judgments, and awards will be limited to actual third-party, out-of-pocket costs incurred (if any), but in no event will attorneys’ fees be awarded or recoverable.
These Terms & Conditions, including policies and information linked from or incorporated herein, constitute the entire agreement between you and SlumbrSpace with respect to the Site and supersede all prior or contemporaneous communications, agreements, and proposals with respect to the Site. No provision of these Terms & Conditions shall be waived except pursuant to a writing executed by the party against whom the waiver is sought. No failure to exercise, partial exercise of, or delay in exercising any right or remedy under these Terms & Conditions shall operate as a waiver or estoppel of any right, remedy, or condition. If any provision of these Terms & Conditions is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired. We will not be responsible for failure to fulfill any obligation due to causes beyond our control
Last Updated: May, 2018
Copyright 2018: SlumbrSpace, 80 Dynamic Drive, Unit 2, Toronto, ON M1V2V1, Canada