Pillowflex Terms & Conditions
Last updated October 17, 2016
Thank you for visiting the Pillowflex.com Web site (the "Site").
Pillowflex.com ("we," "us," "our") wants you, as a visitor to the Site
("you") to have a positive experience, so we have established the
following terms and conditions so that we and you know what to expect
from each other. By using the Site you agree to be bound by these Terms
policies and conditions that govern the use of the Site at any time. We
encourage you to review the Site and these terms periodically for any
updates or changes. Your continued access or use of the Site shall be
deemed your acceptance of these changes.
About our Products
All pillows sold on Pillowflex.com are first quality.
Important: Please examine pillows carefully for color, size and
On wholesale orders, the minimum order is one unmixed case.
Pillowflex.com reserves the right to refuse orders submitted with
All pricing on Pillowflex.com is valid only on orders placed through the
Despite our best efforts, we are not responsible for typographical
errors. In the event a product is listed at an incorrect price or with
incorrect information due to typographical error or error in pricing or
product information received from our suppliers, we shall have the right
to refuse or cancel any orders placed for products listed at the
incorrect price. We shall have the right to refuse or cancel any such
orders whether or not the order has been confirmed and your credit card
has been charged. If your credit card has already been charged for the
purchase and your order is cancelled, we shall immediately issue a
credit to your credit card account in the amount of the charge.
Orders normally ship within one to three business days from time of
order receipt. Orders can be significantly delayed during the busy
We cannot ship to PO Boxes
Free shipping applies to applicable retail orders, never on wholesale
Third Party Shipping
Pillowflex.com does not allow 3rd shipping
on small parcel items. Pillowflex.com does allow third party LTL.
Note third party LTL shipments are charged $25 surcharge plus $6 per
Terms of Sales
Your satisfaction is important to us and we realize that there may be
circumstances in which you need to exchange an item. Retail exchanges
can be handled by contacting pillowflex.com on our contact us page.
Customers are responsible for shipping on retail exchanges.
Wholesale returns are accessed a 30% restocking fee.
All returned items must be in original, unflawed condition, unmarked and
blimished by the purchaser, and must be received within 30 days of
original ship date.
All Sale Items are not
All sample orders are not
All customers ordering sample orders
must provide a Tax ID number or the order will be rejected.
Unless we are in error, we do not refund shipping costs.
Items returned to us in non-saleable condition will be returned to
sender, and no refund will be given.
If your order is deemed returnable, you will receive a refund of your
order less shipping charges.
To ensure full credit for your returns, please contact Pillowflex.com
Customer Service at 770-463-2346 or
before returning merchandise.
Sale items cannot be restocked. Quantities are limited to the inventory
listed on a sale item. Please note this stock may be made up of pillows
with varying types of material covers, continuous piece of fabric is not
guaranteed. Despite our best efforts, the inventory may not be 100%
accurate, therefore, we cannot guarantee total item availability.
Coupon codes cannot be applied to sale items. All sale items are not
Please review our Privacy
also governs your use of our Site and the information you provide to us,
to understand our practices.
When you visit the Site or send emails to us, you are communicating with
us electronically. You consent to receive communications from us
electronically. We will communicate with you by email or by posting
notices on this site. You agree that all agreements, notices,
disclosures and other communications we provide to you electronically
satisfy any legal requirement that such communications be in writing.
Pillowflex.com and "Pillowflex Pillow Form Inserts and Bolsters" are
trademarks of Pillowflex.com. All other trademarks, product names, and
company names and logos appearing on the Site are the property of their
Your Account Obligations
In consideration of your use of the Site, you agree to: (1) provide
true, accurate, current and complete information about yourself and or
your business as prompted by the checkout form for your account
information (the "Account Information"); and (2) maintain and promptly
update the Account Information to keep it true, accurate, current and
complete. If you provide any information that is untrue, inaccurate, not
current or incomplete, we may suspend or terminate your account and
refuse any and all current and future use of the Site. Account
Information and certain other information about you are subject to our
by clicking here.
You will receive a password and account designation when you have
completed the Account Information. You are responsible for maintaining
the confidentiality of the password and account and are fully
responsible for all activities that occur under your password or
account. You agree to immediately notify us of any unauthorized use of
your password or account or any other breach of security.
You acknowledge that the Site contains information, data, software,
photographs, graphics, videos, text, images, typefaces and other
material (collectively "Content") that are protected by copyrights,
trademarks, or other proprietary rights, and that these rights are valid
and protected in all forms, media and technologies existing now or
hereinafter developed. All Content is copyrighted as a collective work
under the U.S. copyright laws, and we own a copyright in the selection,
coordination, arrangement, and enhancement of such Content. You may not
modify, remove, delete, augment, add to, publish, transmit, participate
in the transfer or sale of, create derivative works from, or in any way
exploit any of the Content, in whole or in part. If no specific
restrictions are displayed, you may make copies of select portions of
the Content, provided that the copies are made only for your personal,
informational and non-commercial use and that you do not alter or modify
the Content in any way, and maintain any notices contained in the
Content, such as all copyright notices, trademark legends, or other
proprietary rights notices. Except as provided in the preceding
sentence, you may not upload, post, reproduce, or distribute in any way
Content protected by copyright, or other proprietary right, including
trademarks, without obtaining permission of the owner of the copyright
or other proprietary right. You agree not to reproduce, duplicate, copy,
sell, resell or exploit for any commercial purposes.
We respect the intellectual property of others, and we ask our users to
do the same. If you believe that your work has been copied and is
accessible on the Site in a way that constitutes copyright infringement,
you may notify us by providing our copyright agent the following
Limitations of Liability
THE SITE IS PROVIDED ON AN "AS IS" BASIS, AND Pillowflex.com MAKES NO
WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE OR THE PRODUCTS SOLD
ON THE SITE. Pillowflex.com HEREBY EXPRESSLY DISCLAIMS ALL IMPLIED
WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF TITLE,
NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO
THE SITE AND THE PRODUCTS OFFERED FOR SALE ON THE SITE. UNDER NO
CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, GOOD WILL, USE,
DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM (1) THE USE OF OR
INABILITY TO USE THE SITE; (2) THE COST OF PROCUREMENT OF SUBSTITUTE
GOODS AND SERVICES RESULTING FROM YOUR USE OF THE SITE;(3) UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) ANY OTHER
MATTER RELATING TO THE SITE. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH
SHALL APPLY TO ALL CONTENT AND MERCHANDISE AVAILABLE THROUGH THE SITE.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES
LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to indemnify and hold us, and our subsidiaries, affiliates,
officers, directors, agents, co-branders or other partners, and
employees, harmless from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of your
use of the Site, your connection to the Site, your violation of the
The U.S. export control laws regulate the export and re-export of
technology originating in the United States. This includes the
electronic transmission of information and software to foreign countries
and to certain foreign nationals. You agree to abide by these laws and
their regulations – including but not limited to the Export
Administration Act and the Arms Export Control Act and not to transfer,
by electronic transmission or otherwise, any Content derived from the
Site to either a foreign national or a foreign destination in violation
of such laws.
We may terminate your access, or suspend your access to all or part of
the Site, without notice, for any conduct that we, in our sole
discretion, believe is in violation of any applicable law or is harmful
to the interests of another user or us.
Because customer service is paramount to our business, we reserve the
right to refuse to sell products to you if it reasonably appears to us
that you intend to resell the products in such a way as to compete with
Pillowflex.com retail items. In addition, we reserve the right to limit
quantities of items purchased by each customer, cancel any order or part
of an order, or refuse service to anyone for any reason. We also reserve
the right to change the terms of any offer or promotion at any time
without notice. We do NOT charge your credit card until after your order
has entered the shipping process. The contract for sale of goods between
us and any customer is not entered into until we charge a valid credit
card or otherwise accept payment.
Links to Third Party Sites
Occasionally, we may make available a link to a third party's web site.
These links will let you leave the Site. The linked sites are not under
our control and we are not responsible for the contents of any linked
site or any link contained in a linked site, or any changes or updates
to such sites. We are not responsible for webcasting or any other form
of transmission received from any linked site. We provide the links to
you only as a convenience. We do not endorse the site or its use or
Submission of Comments and Suggestions
We are pleased to hear from our customers and welcome your comments
regarding our products and the Site. You submit comments, suggestions,
concerns or other material ("Submissions") to us via email at firstname.lastname@example.org.
While you may omit your name from or use a "nickname" in your
Submission, you may not use a false email address, impersonate any
person or entity, or otherwise mislead as to the origin of your
Submission. By posting or sending us any Submission, you grant us a
non-exclusive, royalty-free, perpetual, irrevocable and fully
sub-licensable right to use, reproduce, modify, adapt, publish,
translate, create derivative works from, distribute, and display such
Submission throughout the world in any media. By posting or sending us a
Submission, you represent and warrant that you own or otherwise control
all of the rights to the content in your Submission, that the content
you provide is accurate, and that use of the content in your Submission
does not violate this policy and will not cause injury to any person or
entity. You agree to indemnify us against all claims and liabilities
resulting from your Submission. We do not take any responsibility and
assume no liability for any Submission posted by you or any other person
We control the Site from our offices within the United States of
America. We make no representation that the Content in the Site is
appropriate or available for use in other locations, and access to them
from territories where their content is illegal is prohibited. Those who
choose to access the Site from other locations do so on their own
initiative and are responsible for compliance with applicable local
laws. You may not use or export the Content in violation of U.S. export
laws and regulations. Any claim relating to the Site, the services
provided through the Site or the Content shall be governed by the
internal laws of the Commonwealth of Massachusetts, without reference to
its choice of law provisions. You hereby irrevocably consent to the
exclusive jurisdiction and venue of courts in Springfield, Massachusetts
for any disputes or controversies arising out of or related to these
We collect sales tax in the State of Georgia for all retail sales.
Wholesale customers in the State of Georgia that have not provided us
with a Tax ID Number will be charged sales tax or we may elect to cancel
the order. We will add the cost of any applicable taxes on to your
order from us.
us) and govern the use of the Site. Our failure to exercise or enforce
found by a court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor to give effect to the
parties' intentions as reflected in the provision, and the other
legally binding effect.