Terms of Sale
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 of Sale (these “Terms”) apply to the purchase and sale of products and services through www.nuggetcomfort.com (the “Site”). 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 Site, and you should review these Terms before purchasing any product or services that are available through this Site. Your continued use of this Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes.
- 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 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.
- Prices and Payment Terms.
- All prices posted on this Site 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.
- 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.
- Product Information. Occasionally there may be information on our site or in the Service 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 Site (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. 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. 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 here.
- Shipping & Ordering. Information regarding the shipping of products ordered on the Site can be found under our Shipping & Ordering page here.
- Returns. Information regarding returns for products ordered on the Site can be found on our Returns page here.
- Product Warranties. Information regarding the limited warranties on our products can be found on our Limited Warranty page here.
- 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, Nugget’s 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.
- Products Not for Resale. You represent and warrant that you are buying products from this Site for your own personal or household use only, and not for resale or export.
- 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, 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.
- 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.
- 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.
- 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.
- No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
- 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 Site. 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.
- 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, firstname.lastname@example.org. 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
- Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.