Terms and Conditions
These Terms and Conditions apply to the website and all other online properties (the “Website”) operated by Silk & Snow Inc., a Toronto, Ontario, Canada corporation (“Silk & Snow”, “we”, or “us”) and any other terms referred to herein (collectively the "Terms and Conditions") apply between you and Silk & Snow when you order or purchase any Silk + Snow mattresses (“Mattresses”), pillows ("Pillows"), mattress encasements (“Encasements”) and sheets ("Sheets") (collectively, the “Products”) from Silk & Snow.
Every time you order or purchase Products from Silk & Snow, the Terms and Conditions in force at that time will apply between you and Silk & Snow. We reserve the right to change the Terms and Conditions at any time without notice, effective upon their posting on this page. Please review the Terms and Conditions prior to placing an order or making a purchase from Silk & Snow.
THIS IS A LEGAL AGREEMENT. PLEASE READ IT CAREFULLY. BY ORDERING OR PURCHASING PRODUCTS FROM SILK & SNOW, YOU ARE ACCEPTING AND AGREEING TO THE TERMS AND CONDITIONS. YOU HEREBY REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ACCEPT AND AGREE TO THE TERMS AND CONDITIONS. IF YOU DO NOT UNDERSTAND THE TERMS AND CONDITIONS OR DO NOT ACCEPT ANY PART OF THEM, YOU MAY NOT PLACE AN ORDER OR MAKE ANY PURCHASE FROM SILK & SNOW.
3. Electronic Communication
You are communicating with Silk & Snow electronically when you use the Website or send email to Silk & Snow. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
No part of the Website is directed to persons under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE WEBSITE AT ANY TIME OR IN ANY MANNER.
If you are using the Website on behalf of a company, entity, or organization (collectively “Organization”), then you represent and warrant that you (a) are an authorized representative of the Organization; (b) have the authority to bind that Organization to these Terms; and (c) agree to be bound by these on behalf of that Organization.
5. Copyright, Trademarks and Other Intellectual Property
All content included in or made available through Silk & Snow, Products and/or the Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads and data compilations is the property of Silk & Snow or our content suppliers. This material is protected by United States, Canadian and International copywrite laws. All of the content included in or made available through www.silkandsnow.com is exclusive and protected by U.S., Canadian and International copyright laws.
“Silk & Snow”, “Silk + Snow” and related icons and logos are trademarks or service marks (collectively the “Marks”) of Silk & Snow and are protected under applicable copyright, trademark and other proprietary rights law. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
Silk & Snow is the sole owner or lawful licensee of all the rights and interests of the Website www.silkandsnow.com. Silk & Snow has intellectual property rights protected under the worldwide patent, copyright and other laws. You agree not to infringe any or all of the title, ownership and intellectual property rights of Silk & Snow. You hereby indemnify Silk & Snow to the extent of any breach of intellectual property rights by or through your use of www.silkandsnow.com. All rights not otherwise claimed under the Terms and Conditions or by Silk & Snow are hereby reserved.
Silk & Snow respects the intellectual property of others. If you believe that your work has been copied in a way that constitute copyright infringement, please contact us at email@example.com.
6. Limited License and Website Access:
We grant you a limited license to use the Website for personal use only. Consequently, this grant does not allow you to do any of the following: (a) resell or make any commercial use of this Website or any of the contents of this Website; (b) modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form any of the contents of this Website not intended to be so read. This include using or directly viewing the underlying HTML or other code from this Website except as interpreted and displayed in a web browser; (c) copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any of the contents of this Website (including any Marks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; or (d) use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods on the contents of the Website or to collect any information from the Website or any other user of the Website.
ANY PRODUCTS PURCHASED FROM SILK & SNOW IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS OTHERWISE NOTED IN THE LIMITED WARRANTY. WITHOUT LIMITING THE FOREGOING, ANY PRODUCTS PURCHASED FROM SILK & SNOW IS PROVIDED WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF COMPLETENESS, OR OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS. YOU MAY CHOOSE WHETHER TO MAKE A CLAIM UNDER THE TERMS AND CONDITIONS OR THE LIMITED WARRANTY OR BOTH, BUT YOU MAY NOT RECOVER TWICE IN RESPECT OF THE SAME LOSS. TO INITIATE A CLAIM UNDER THE LIMITED WARRANTY, YOU SHOULD CONTACT firstname.lastname@example.org.
8. Limitation of Liability
Nothing in the Terms and Conditions, and in particular within this limitation of liability provision, shall attempt to exclude or limit liability that cannot be excluded under applicable law. Without limiting the foregoing, the following is not intended to limit the application of section 10 of the Quebec Consumer Protection Act, if such section is otherwise applicable. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL: (I) SILK & SNOW, OR OUR AFFILIATES, OUR OR THEIR RESPECTIVE CONTENT OR SERVICE PROVIDERS OR ANY OF OUR OR THEIR DIRECTORS, OFFICERS, AGENTS, CONTRACTORS, SUPPLIERS OR EMPLOYEES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA, LOST PROFITS, OR BUSINESS INTERRUPTION, ARISING FROM OR RELATING TO PRODUCTS, EVEN IF SILK & SNOW KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) SILK & SNOW’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO PRODUCTS, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED THE AMOUNTS ACTUALLY PAID BY YOU TO SILK & SNOW FOR THE PRODUCTS AT ISSUE IN THE PRIOR 12 MONTHS (IF ANY). THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM.
9. Force Majeure
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Terms and Conditions or any other agreement if such failure is caused by an act or event beyond our reasonable control, including, without limitation, an act of God, strike, lock-out or other industrial action by a third party, civil commotion, riot, terrorist attack, war, fire, explosion, storm, flood, earthquake, epidemic, natural disaster, failure of public or private telecommunications network, or impossibility of the use of railways, shipping, aircraft, motor transport, or other means of public or private transport.
If any provision of the Terms and Conditions is unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect
Failure or delay by us to enforce the Terms and Conditions or any provision thereof will not constitute a waiver of our rights against you and does not affect our right to require future performance thereof.
12. Right to Update and Revise
Silk & Snow reserves the right to change, modify, add or remove portions of this Terms and Conditions at any time and from time to time, without prior notice to you. However, Silk & Snow will treat your continued use of the Website following such revision as your acceptance of the revised terms.
Silk & Snow may terminate this Terms and Conditions at any time, with or without notice, for any reason.
14. Entire Agreement
Except as otherwise stated herein, the Terms and Conditions constitute the entire and exclusive understanding and agreement between Silk & Snow and you with respect to your order and/or purchase of Products from Silk & Snow, and supersedes any other agreements or discussions, oral or written.
15. Applicable Law
You agree to comply with all applicable laws, ordinances and regulations regarding your use of and your purchase of products and/or services through the
Website. Any claim, dispute, action, cause of action, issue, or request for relief arising out of or relating to the Terms and Conditions or Silk & Snow shall be governed by the laws of Ontario, Canada without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. You agree to submit to the personal jurisdiction of the provincial and federal courts in or for Toronto, Ontario, Canada for the purpose of all such claims, disputes, actions, causes of action, issues, or requests for relief.
After we receive your order and payment, we will send you an order confirmation via email. Please carefully review all information included in both the order confirmation and the receipt and notify us of any changes or corrections as soon as possible. Your receipt of an order confirmation and/or a receipt does not signify Silk & Snow’s acceptance of your order, nor does it constitute confirmation of our offer to sell; we are simply confirming that we received your order and/or payment. Silk & Snow reserves the right at any time after receiving your order and/or payment to accept or decline your order for any reason. If Silk & Snow cancels an order after you have paid for the order (in part or in whole), Silk & Snow will refund the amount paid. Once placed you may not cancel your order except by emailing email@example.com immediately after placing it.
Given the popularity and/or supply constraints of the Products, Silk & Snow may limit the number of Products available for purchase. There may be occasions when Silk & Snow confirms and/or accepts payment for your order but subsequently learns that we cannot supply the ordered Products. In the event, we cannot supply Products you ordered, Silk & Snow will cancel the order and refund your payment in full.
All prices are in Canadian dollars or U.S. dollars unless otherwise expressly stated in writing. Silk & Snow reserves the right to change the prices and specifications of the Products at any time without prior notice, and to correct pricing errors that may inadvertently occur.
The Site currently uses third parties to process payments. Our third-party payment processors accept payments through PayPal and various credit cards, including Visa, MasterCard, Discover, American Express, as detailed on the applicable payment screen.
20. Return/Refund Policy
Mattresses - Every Mattress comes with the 100 night guarantee which begins on the date your Mattress is delivered. To initiate a return, contact us by sending an email to firstname.lastname@example.org including your order confirmation number and reason for return. Return must be received within the 100 night period and any requests received beyond 100 days will not be eligible for return. Silk & Snow requires that a customer sleep on the mattress for a 30 night period to allow the customer adequate time to adjust to the qualities of the new mattress and properly gauge their satisfaction. The pick-up or removal of the mattress is free. The customer must be available on the date of pick up in order to qualify for full refund. Reimbursements will not be made for customers who schedule their pickup separately. Return requests for an address that is outside of the country the Mattress was purchased will not be accepted or eligible for return/refund. Products must be in donatable condition to be eligible for return (e.g., no stains, tears or other soiling including odors).
Mattress Encasement - Mattress encasement can be returned within 100 days of receipt, as long as it is in a donatable condition.>
Pillows - Just like our mattress, every pillow comes with the 100 night guarantee which begins on the date your pillow is delivered. Silk & Snow requires that a customer to try the pillow for at least 30 night period to allow the customer adequate time to adjust to the qualities of the new pillow and properly gauge their satisfaction.
Sheets - Sheets can be returned within 100 days of receipt, as long as it is in a donatable condition. (e.g., no stains, tears or other soiling including odors).
Provided the product is in a donatable condition, we will process the refund once we have received the product back at our facility. To initiate a return for the pillow, mattress encasement, or sheets, contact us by sending an email to email@example.com including your order confirmation number and reason for return and we will help you coordinate the return shipping for you.
There is a Limit of one return per product type for each household and a Limit of one return per product type for each customer. Return requests from an address that is outside of the country the product (pillow, mattress encasement, or sheets) was purchased will not be accepted or eligible for return/refund.
Refunds will be issued within two business days after the returning product has been received. Refunds are applied to the original form of payment used for the original purchase. Refunds can take up to 14 business days to be reflected on your financial records.
21. Order Cancellations
Silk & Snow processes orders for shipping within 12 hours of the purchase during weekdays and on the first business day after a weekend. To cancel your order, please contact us as soon as possible to stop your order before it ships. We will try our best to cancel your order before it ships but cannot guarantee this.
If you change your mind while your order is in transit, contact us, refuse delivery and request that the item be “returned to sender”.
Refunds will be completed as described in the Return/Refund Policy.
Risk of loss and title for Products purchased from Silk & Snow pass to you upon delivery of such Products (by Silk & Snow or our manufacturer) to the carrier. You are responsible for filing any claims with carriers for damaged or lost shipments.
If you have any questions or concerns regarding the Website or the Terms and Conditions, please contact us via email at firstname.lastname@example.org.