Terms and Conditions
These Terms and Conditions contain important information regarding your rights, obligations, limitations, and exclusions that may apply to you.
By placing an order from Emily’s Pillow (“Company”, “we”, “us”, or “our”), you agree to be bound by these Terms and Conditions.
These Terms require binding arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.
You may not purchase products from us if you do not agree to these Terms, or if you are not at least 18 years old or legally capable of entering into a binding contract.
1. General Information
These Terms apply to all purchases made through the website operated by EMILY’S PILLOW.
Fulfillment and shipping are handled from our warehouse located in Illinois, United States.
We may update these Terms at any time. The version applicable to your order is the one in effect at the time of purchase.
2. Order Acceptance
Your order constitutes an offer to purchase products from us.
All orders are subject to acceptance by the Company. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason, including but not limited to product availability, errors in pricing or description, suspected fraud, or unusual order patterns.
A confirmation email does not constitute final acceptance of your order.
3. Pricing and Payment
All prices are listed in U.S. Dollars (USD).
Prices do not include applicable taxes or shipping fees unless explicitly stated. Sales tax will be calculated and applied where required by law, based on applicable tax nexus rules.
We reserve the right to modify pricing at any time. However, the price charged will always be the price displayed at the time the order is placed.
Payment must be received prior to order fulfillment.
You represent and warrant that:
You are authorized to use the payment method provided
All payment information is accurate and complete
You will honor all charges incurred
We are not responsible for errors or issues arising from third-party payment processors.
4. Shipping and Delivery
We arrange shipment of products from our fulfillment center in the United States.
Estimated delivery times are provided for convenience only and are not guaranteed.
Shipping and handling fees are displayed at checkout.
Title and risk of loss transfer to you upon delivery of the product to the carrier.
We are not responsible for delays caused by carriers, customs (if applicable), or events outside our reasonable control.
5. Returns and Refunds
We offer a 30-day return policy from the date of delivery.
To be eligible for a return, items must be:
- unused
- unwashed
- in original condition and packaging
Return shipping costs may be covered by the Company when stated on the product page or promotional terms.
Refunds are issued to the original payment method within a reasonable processing time after receipt and inspection of returned goods.
We reserve the right to refuse returns that do not meet these conditions.
6. Product Availability
All products are subject to availability.
If a product becomes unavailable after an order is placed, we will notify you and issue a full refund for the unavailable item.
7. Intellectual Property
All content on the website, including but not limited to text, images, designs, logos, and branding, is the exclusive property of EMILY’S PILLOW or its licensors.
You may not reproduce, distribute, modify, or exploit any content without prior written consent.
8. Limitation of Liability
To the fullest extent permitted by law, EMILY’S PILLOW shall not be liable for any indirect, incidental, special, or consequential damages, including but not limited to loss of profits, revenue, data, or use.
Our total liability for any claim arising out of or relating to your purchase shall not exceed the amount paid for the product giving rise to the claim.
9. Disclaimer of Warranties
All products are provided on an “as is” and “as available” basis, except as expressly required by law.
To the maximum extent permitted, we disclaim all implied warranties, including warranties of merchantability and fitness for a particular purpose.
10. Indemnification
You agree to indemnify, defend, and hold harmless EMILY’S PILLOW from and against any claims, liabilities, damages, losses, or expenses arising from your misuse of products or violation of these Terms.
11. Privacy
Your use of the website is also governed by our Privacy Policy, which explains how we collect and use your data.
12. Force Majeure
We are not responsible for any failure or delay in performance resulting from events beyond our reasonable control, including but not limited to natural disasters, supply chain disruptions, labor disputes, governmental actions, pandemics, or carrier delays.
13. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to conflict of law principles.
14. Dispute Resolution – Binding Arbitration
Any dispute, claim, or controversy arising out of or relating to these Terms or any product purchased from us shall be resolved exclusively through binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules.
You agree that:
disputes will be resolved on an individual basis only
you waive any right to participate in a class action or class-wide arbitration
arbitration shall take place in the State of Delaware, unless otherwise required by law
The arbitrator shall have the authority to award any relief available in court.
15. Class Action Waiver
To the fullest extent permitted by law, you and EMILY’S PILLOW agree that any disputes will be brought solely in an individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
16. Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
17. Entire Agreement
These Terms, together with our Privacy Policy and order confirmation, constitute the entire agreement between you and EMILY’S PILLOW regarding your purchase.
18. Contact
For any questions regarding these Terms, you may contact us at: contact@emilyspillow.com
