ONE-YEAR LIMITED PILLOW WARRANTY
Beginning on the date of purchase, your new Brentwood Home Pillow, Seat Cushion, Wedge Pillow, or Crystal Cove Yoga Cushions, seat cushion or Play Couch (the “Pillow”) is covered by a one-year limited warranty (the “Pillow Warranty”). This Pillow Warranty extends to the original purchaser of the Brentwood Home Pillows (“Pillows”), and extends to all Pillows purchased directly from Brentwood Home. The “original purchaser” for the purposes of this Pillow Warranty is the first purchaser of the Pillow from Brentwood Home, or a qualified retailer of Brentwood Home products. This Pillow Warranty is not transferable and applies only to a Pillow purchased from Brentwood Home, or a qualified retailer of Brentwood Home products by the original purchaser.
Brentwood Home warrants the Pillow against defects in material and workmanship for a period of one year from the time your Pillow is purchased by you, when the Pillow is used normally for its intended purposes.
YOUR RESPONSIBILITIES
In the event of a defect, Brentwood Home’s sole and exclusive liability and your sole remedy under this Pillow Warranty will be, at Brentwood Home’s option, to provide a replacement, subject to your fulfillment of the requirements set forth below.
To get the benefit of this Pillow Warranty, you must return your Pillow to Brentwood Home and provide Brentwood Home with proof of the original date of purchase as well as proof that the Pillow was in fact returned.
THE PILLOW WARRANTY DOES NOT COVER
Normal wear and tear as a result of washing and intended use.
Comfort preference.
Physical abuse or damage to the Product, including but not limited to: burns, cuts, tears, liquid damage, or stains; provided, that the defect is caused by such abuse or damage.
MAKING A CLAIM
To file a claim under this warranty, please submit a request to [email protected]. Evidence of a defect and proof of purchase must be included. The address for returns will vary depending on the Pillow and will be provided to you once Brentwood Home has reviewed your submissions and determine that there is in fact a defect covered by this Pillow Warranty. In the event of a defect, Brentwood Home will ship a replacement to you upon proof that you returned the defective Pillow.
Replaced Pillows are subject to the same Pillow Warranty as the original. For example, if you obtain replacement that are the same style and price as the original, then the Pillow Warranty term of the replaced Pillow begins from the date of purchase of the original.
The serviceable area for all Brentwood Home products is addresses within the 48 states of the continental United States only. If your Brentwood Home product is located outside the continental USA, you are responsible for any costs associated with pick-up and return.
DISCLAIMER: LIMITATIONS ON LIABILITY
To the extent permissible by applicable law, the Pillow is provided “as is” and this Pillow Warranty and any implied warranties are your exclusive warranties and replace all other warranties or conditions, express or implied. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other rights that vary from state to state and jurisdiction to jurisdiction.
To the maximum extent permitted by applicable law and except as set forth in this Pillow Warranty, in no event will Brentwood Home or its suppliers be liable for procurement of substitute products or other special, incidental, consequential or indirect damages arising out of or related to the Pillow or its use by you or any third party, whether under theory of contract, tort (including negligence), indemnity, product liability or otherwise. This limitation will apply even if Brentwood Home has been advised of such damages and notwithstanding the failure of essential purpose of any limited remedy. Brentwood Home’s total liability will not exceed the purchase price paid for the pillow giving rise to such liability.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you.
ARBITRATION
If a dispute arises between you and Brentwood Home arising out of or relating to this Pillow Warranty, that dispute will be resolved in accordance with the general dispute resolution provisions of the Brentwood Home terms of service. The arbitration conducted pursuant to this provision will be deemed final and binding and will not be subject appeal absent extraordinary circumstances. You must seek arbitration for disputes arising out of this Pillow Warranty prior to exercising any rights or seeking any remedies created by the Title I of the Magnuson Moss Warranty Act or any state law relating to consumer product warranties.
As in all other dispute situations under the Brentwood Home terms of service, an arbitration concerning a dispute arising out of or relating to the Pillow Warranty will not be combined with any other proceeding or arbitration against one of the parties. In addition, to the maximum extent permitted by applicable law, you will only be permitted to assert your own claim, and may not appear as a representative of the interests of any other person, entity or class of consumers (including a private attorney general or otherwise). Some states do not allow the exclusion or limitation of incidental or consequential damages in connection with the sale of consumer products, so the above limitation or exclusion of incidental or consequential damages may not apply to you.
GOVERNING LAW
This limited Pillow Warranty will be governed by the laws of the State of California.
WARRANTOR
Brentwood Home, 2301 E. 7th St. A-450 Los Angeles, California US 90023