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Conditions of Use

These general terms and conditions of use (“Terms and Conditions”) govern your use of the todayscomfort.com website. By accessing and using the todayscomfort.com website, you acknowledge that you have read and agree to these Terms and Conditions. If you do not agree to be bound by these Terms and Conditions, then you are requested to immediately exit this site. Todayscomfort.com may take any actions it deems appropriate, including, but not limited to, restricting your access to this website or terminating its services to you if todayscomfort.com determines in its sole discretion that you have violated these Terms and Conditions.

Content

The content of the Site is offered for general information purposes only. The Site does not warrant the accuracy of the information on this site.

Certain information, statements, data, and content (such as photographs) which you submit, reveal your gender, ethnic origin, nationality, age, and/or other personal information about you. You acknowledge that your submission of any information, statements, data, and content to us is voluntary on your part and the Site can use it in any way it chooses.

 

By submitting content to the Site you understand that all information may be made available to the entire world. Everything you submit is true and accurate. The Site can use your content and information in any way they choose.

The Site does not have any obligation to verify the identity of the persons registering to its service, nor does it have any obligation to monitor the use of its services by users of the Site, therefore, The Site disclaims all liability for identity theft or any other misuse of your identity or information.

The Site reserves the right to reject or delete any submitted information.

 

Intellectual Property

Every content, trademark, service mark, trade name, logo and icon are the property of todayscomfort.com or its affiliates or agents and are protected by law and international treaties and provisions relating to copyright. You agree not to remove copyright notices or other indications of protected intellectual property rights of any material you print or download from the Site. You will not obtain intellectual property rights, or any right or license to use such material or the Site, other than those set forth herein.

 

Images displayed on the Site are the property of todayscomfort.com. You agree not to upload, post, distribute or reproduce any information, software or other material protected by copyright or other intellectual property right (including rights of publicity and privacy) without first obtaining permission from the copyright owner and without prior written consent of todayscomfort.com.

Termination

Todayscomfort.com reserves the right, in its sole discretion, to immediately, without notice, suspend or terminate (I) these Terms of Use; and/or (ii) your registration(s) with or ability to access todayscomfort.com site and/or any other service provided to you by todayscomfort.com.

 Sale of Product

Upon placing an order to purchase a product(s) from todayscomfort.com, we will send you an e-mail confirming receipt of your order and containing the details of your order. Your order represents an offer to us to purchase a product which is accepted by us when the goods are paid for in full. Any products on the same order which we have not been able to dispatch do not form part of that contract, regardless if the purchaser is entitled to a refund due to a product not being available.

Product Descriptions on our Website

We will take all reasonable care to ensure that all Product Descriptions are correct at the time when the relevant information was first entered onto the Website. We have made every effort to display as accurately as possible the appearances, colours, textures or finishes of our Products. What you see will depend on your computer equipment, screen or monitor and we are therefore unable to guarantee that a Product's images are an accurate representation of the actual merchandise. Please refer to our Returns Policy if you are unhappy with your Order.

Product Availability

The Website features Products that have been carefully selected for sale on the Website. Products are subject to availability so once a Product has sold out it will be taken off the Website at the earliest opportunity and may not be available again. As there is a delay between the time when your Order is placed, and the time when the Order is accepted, the stock position relating to a particular Product may change. If a Product you have ordered becomes out of stock before we accept your Order, then todayscomfort.com shall not be liable to you for being unable to provide that Product. If such a situation arises, then we shall notify you as soon as possible and you will not be charged for the out of stock Product.

If, due to unforeseen circumstances or in the event of supply difficulties it is necessary to substitute a perishable Product (please note that this includes perishable Products supplied as part of a hamper), the Product will be of equal or greater value than that which it replaces, albeit at no extra cost to you. If you receive the substitute Product and do not want to accept it, then we will reimburse you for the cost and return of that Product.

 Payment; Credit for Refunds

Only valid credit cards or other payment method acceptable to us may be used and all refunds will be credited to the same card or, in our discretion, other method. By submitting your order, you represent and warrant that you are authorized to use the designated card or method and authorize us to charge your order (including taxes, shipping, handling and any other amounts described on the Sites) to that card or other method. If the card (or other method) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically. Regarding "Your Account," you agree to keep all payment cards or other payment method information current and that we may submit charges for processing even if the card (or other method) has expired or changed by the time we submit it. You must resolve any problem we encounter in order to proceed with your order.

Order process

Todayscomfort.com takes all reasonable care, in so far as possible, to keep the details of your Order and payment secure, but in the absence of negligence on our part we will not be liable for any loss you may suffer if a third party procures unauthorised access to any Personal Information you provide when accessing or placing an Order on the Website. For more information on how we use and protect your Personal Information, please refer to our Privacy policy.

Delivery

You must provide us with complete and accurate delivery address information. For the avoidance of doubt, this includes not only the address that your Order is going to, but also the name of its recipient. We cannot be liable for the delivery of your Order to the wrong address or the wrong person as a result of you supplying us with incomplete or inaccurate information.

All parcels will be delivered by us and will require a signature on delivery.

Please note that delivery of your Order may take longer during sale or other busy periods, but you will be notified if this is the case.

Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

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.

Unauthorized Use

 

Unauthorized use of the Site in connection with the transmission of unsolicited e-mail, including the transmission of e-mail in violation of this policy, may result in civil, criminal, or administrative penalties against the sender and those assisting the sender. Do not use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other information contained in the site. Do not reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used on the Site. Do not utilize or copy information, content or any data you view on and/or obtain from the Site to provide any service that is competitive, in The Site’s sole discretion, with the Site.

Links to Other Websites

This Site may contain links to other websites. Todayscomfort.com assumes no responsibility for the content or functionality of any non-todayscomfort.com website to which we provide a link.

Disclaimer

The materials on this website are provided "as is" without warranties of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property.

Todayscomfort.com expressly disclaims any duty to update or revise the materials on this website, although todayscomfort.com may modify the materials at any time without notice.  Your use of this website is at your sole risk, and you assume full responsibility for any costs associated with your use of this website.  Todayscomfort.com shall not be liable for any damages of any kind related to your use of this website.

Indemnification

You agree to indemnify, defend, and hold harmless each of todayscomfort.com its parents, subsidiaries, affiliates, officers, directors and employees, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from your use of this Site, the violation of these Terms of Use by you, or the infringement by you, or any other user using your account, of any intellectual property or other right of any person or entity.

Modification and Notice

You agree that todayscomfort.com may modify these Terms and Conditions and any other policies on our Site at any time and that posting the modified Terms and Conditions or policies on our Site will constitute sufficient notice of such modification.

Severability

If any provision of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.

Applicable Laws
Any relevant terms and conditions, policies and notices shall be governed by and construed in accordance with the laws of the United State of America without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of the city of Carrollton, Texas, USA in respect of any disputes arising in connection with the website, or any relevant terms and conditions, policies and notices or any matter related to or in connection therewith.