Terms of Sale

Last Modified: October 8, 2024

BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS OF SALE. YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS AND (B) ARE NOT THE AGE OF MAJORITY IN YOUR STATE OR PROVINCE OF RESIDENCE.

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. SEE BELOW FOR MORE INFORMATION.

These Terms of Sale (these “Terms”) apply to the purchase and sale of products and services through www.nuggetcomfort.com (the “Website”). These Terms are subject to change by Nugget Comfort LLC (referred to as “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Website, and you should review these Terms before purchasing any product or services that are available through this Website. Your continued use of this Website after a posted change in these Terms will constitute your acceptance of and agreement to such changes.

These Terms are an integral part of the Website’s Terms of Use that apply generally to the use of our Website. By placing an order for products from this Website, you accept and are bound by these Terms. You should also carefully review our Privacy Policy before placing an order for products or services through this Website.

1. Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. If for any reason your order contains any errors, inaccuracies or omissions, we reserve the right to correct such errors, inaccuracies or omissions and to change or cancel your order confirmation.
   
   We may choose not to accept any orders in our sole discretion. We may limit or cancel quantities purchased per person, per household or per order, for any reason and in our sole discretion. If an order is found to have been purchased in violation of these Terms or with the intent to violate them, such orders may be excluded from our returns policy.
   
   As long as the product has not been shipped, you may cancel our order by logging into your account and clicking on the “Cancel Order” button in the upper left side of the screen. If the button does not appear or is not active, then you cannot cancel your order. Additional information regarding cancellation of your order can be found under our Frequently Asked Questions.

2. Prices and Payment Terms.
   
   All prices posted on this Website are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
   
   Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.

3. Shipments; Delivery; Title and Risk of Loss. We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Title and risk of loss pass to you upon delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

4. Product Information. Occasionally there may be information on our Website or in the services 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 on the Website (or any related website) or in the services provided is inaccurate at any time without prior notice (including after you have submitted your order). We have made every effort to display as accurately as possible the colors and images of our products that appear at our facility. We cannot guarantee that your computer monitor’s display of any color will be accurate.  Certain weights, measures and similar descriptions are approximate and may vary. We are not responsible for these variations in product descriptions. We reserve the right 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. The display of any products on our Website at a particular time does not imply or warrant that these products will be available at any time. All orders are subject to availability. We reserve the right to discontinue any product at any time.
   
   Additional information regarding our products can be found under our Frequently Asked Questions page.

5. Shipping & Ordering. Information regarding the shipping of products ordered on the Website can be found under our Shipping & Ordering page.

6. Returns. Information regarding returns for products ordered on the Website can be found on our Returns page. Except as provided on the Returns page, we do not accept returns or exchanges unless the product is covered under our Limited Warranty. We reserve the right to reproduce or replace any product that may be defective or damaged. If we refund the purchase price of the product, the refund will be applied to your original method of payment.

7. Product Warranties. Information regarding the limited warranties on our products can be found on our Limited Warranty page. All warranties are limited, only apply to eligible products purchased directly from this Website and will only be honored for the individual who made the purchase.

8. Customer Account Information. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. 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. We cannot guarantee our usual standard of customer service for orders placed through, or shipped to, third-party shippers. For many customer matters, including missing or damaged packages, as well as returns, our customer service team will only engage with the person or entity that received the shipment (even if that is not the end customer). If that third-party recipient cannot or will not take part in resolving the issue on behalf of the customer, there will not be a resolution.

9. Products Not for Resale. You represent and warrant that you are buying products from this Website for your own personal or household use only, and not for resale or export.

10. Privacy. Our Privacy Policy governs the processing of all personal data collected from you in connection with your purchase of products or services through this Website.

11. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

12. Governing Law and Jurisdiction. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of North Carolina without giving effect to any choice or conflict of law provision or rule (whether of the State of North Carolina or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of North Carolina.

13. Dispute Resolution and Binding Arbitration. To the maximum extent permitted by law, you and we agree that any disputes arising between us will be resolved using binding arbitration. Information regarding the dispute resolution process can be found under our Website’s Terms of Use. Any cause of action or claim you may have arising out of or related to these Terms of Sale or the Website must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred.

14. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

15. No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Nugget Comfort LLC.

16. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

17. Notices to You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to this Website. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

18. Contact Us. We’re still a small team, so to serve as many customers as thoroughly as possible, we don’t take phone calls. The best way to reach us is our email address, hq@nuggetcomfort.com. You'll receive an automated response with some helpful info as soon as your email is received, and then someone from our team will follow up as soon as possible.

19. Waiver and Severability. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, void or unenforceable, then that provision such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

20. Entire Agreement. These Terms, along with our order confirmation, Terms of Use, Privacy Policy, and other policies and terms and conditions on the Website will be deemed the sole and entire agreement between you and Nugget Comfort LLC regarding the matters contained in these Terms, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the matters continued in these Terms.