Last Updated: 3-17-2025
Welcome to Twinkle Beds! These Terms of Service ("Terms") govern your access to and use of www.twinklebeds.com (the "Site"), including all products, services, and content provided by Twinkle Beds ("Company," "we," "us," or "our").
By accessing our Site and using our services, you agree to be legally bound by these Terms. If you do not agree, please do not use our Site or services.
1. GENERAL TERMS
-
Eligibility: By using our Site, you represent that you are at least 18 years old or have given parental consent.
-
Changes to Terms: We reserve the right to update or modify these Terms at any time. Changes are effective immediately upon posting on the Site. Your continued use constitutes acceptance of the new Terms.
-
Right to Refuse Service: We reserve the right to refuse service to anyone at our discretion.
2. ACCOUNT REGISTRATION & SECURITY
-
Account Responsibility: You are responsible for maintaining the confidentiality of your account login details and for all activities conducted under your account.
-
Account Termination: We may suspend or terminate your account if we suspect fraud, abuse, or violation of these Terms.
3. ORDERS, BILLING, & PAYMENT
-
Order Acceptance: We reserve the right to cancel or limit any order placed on our Site at our sole discretion.
-
Payment Methods: We accept major credit cards, PayPal, and other payment methods as listed at checkout.
-
Pricing Changes: Prices are subject to change at any time without notice.
-
Tax Responsibility: You are responsible for any applicable taxes on purchases.
4. SHIPPING & DELIVERY
-
Shipping Timelines: Estimated delivery times are provided for reference only. Delays due to third-party carriers are beyond our control.
-
Lost or Stolen Packages: We are not responsible for lost or stolen shipments once they have been marked as delivered by the carrier.
-
International Shipping: Customs fees and import duties for international orders are your responsibility.
5. RETURNS, REFUNDS & EXCHANGES
-
Return Policy: Returns and exchanges are accepted within the period specified in our Return Policy.
-
Refund Processing: Refunds will be processed to the original payment method within a reasonable timeframe.
-
Non-Returnable Items: Custom orders, final sale items, and certain products specified in our policy are not eligible for return.
6. PRODUCT WARRANTIES & DISCLAIMERS
-
No Guarantee: We do not guarantee that our products will meet your expectations, and minor variations in materials or construction may occur.
-
Warranty: Any warranties provided will be explicitly stated on the Warranty and Care page.
7. INTELLECTUAL PROPERTY
-
Ownership: All content, trademarks, and materials on our Site are the exclusive property of Twinkle Beds.
-
Limited License: You may not copy, reproduce, or distribute any content from the Site without our express written consent.
8. PROHIBITED USES
You agree not to use our Site for:
-
Any unlawful purpose
-
Distributing harmful software or viruses
-
Collecting data from users without consent
-
Violating intellectual property rights
-
Engaging in fraudulent or deceptive activities
We reserve the right to terminate your access if you violate these Terms.
9. THIRD-PARTY LINKS & SERVICES
-
We are not responsible for third-party content, products, or services linked on our Site.
-
Your interactions with third-party services are at your own risk.
10. LIABILITY LIMITATIONS
-
As-Is Basis: Our Site and products are provided "as is" without warranties of any kind.
-
No Indirect Damages: We shall not be liable for indirect, incidental, or consequential damages arising from your use of our Site or products.
-
Maximum Liability: Our liability to you shall not exceed the amount paid for products purchased from us.
11. INDEMNIFICATION
You agree to indemnify and hold Twinkle Beds harmless from any claims, damages, or expenses arising from your violation of these Terms or misuse of our Site.
12. PRIVACY POLICY
By using our Site, you consent to the collection and use of your data as described in our Privacy Policy.
13. GOVERNING LAW & DISPUTE RESOLUTION
These Terms shall be governed by and interpreted in accordance with the laws of the State of Utah, without regard to conflict of law principles.
Mandatory Arbitration
Any dispute, claim, or controversy arising out of or relating to these Terms, your use of this website, or any purchase made through the website shall be resolved exclusively through binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. The arbitration shall take place in Salt Lake City, Utah, or another mutually agreed-upon location. The arbitrator’s decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.
Waiver of Class Actions & Jury Trial
By using this website, you agree that arbitration shall be conducted only on an individual basis. You waive any right to participate in a class action, class arbitration, private attorney general action, or any other representative or consolidated proceeding. You further waive your right to a jury trial in any dispute that arises from these Terms or your use of this website.
Exceptions to Arbitration
Notwithstanding the foregoing, Twinkle Beds reserves the right to seek injunctive or equitable relief in any court of competent jurisdiction for matters relating to:
-
The enforcement or validity of intellectual property rights,
-
Unauthorized access or misuse of the website, or
-
Protection of confidential business information.
In such cases, Twinkle Beds may proceed directly to court without first engaging in arbitration.
Legal Costs
Each party shall bear its own arbitration costs, except as required by AAA rules or applicable law. However, if Twinkle Beds is the prevailing party, it shall be entitled to recover attorneys’ fees and costs to the extent permitted by law.
Severability
If any provision of this Governing Law & Dispute Resolution section is found to be unenforceable or invalid, the remaining provisions shall remain in full force and effect. The unenforceable provision shall be modified or severed only to the extent necessary to make it enforceable while preserving the intent of the parties.
14. TERMINATION
We may terminate or suspend your access to our Site at any time if we believe you have violated these Terms.
15. CONTACT INFORMATION
For questions about these Terms, please contact us at:
-
Email: support@twinklebeds.com
-
Mail: Twinkle Beds, 440 W 200 N, Suite 3, Bountiful, UT 84010
By continuing to use our Site, you acknowledge that you have read, understood, and agree to these Terms of Service.