Warranty

LIMITED PRODUCT WARRANTIES AND RETURN POLICIES.

(a)  THE LIMITED PRODUCT WARRANTIES.  Discover Night LLC (“NIGHT”) offers, during the applicable warranty period, the following Limited Product Warranties for Products to the original purchaser who purchased the Product directly from NIGHT or through any NIGHT authorized reseller:

(i)    All Bed Pillows:  Beginning on day number 102 immediately following the expiration of the Return Policy and running through the third anniversary of date your Pillow was ordered, NIGHT offers a LIMITED PRODUCT WARRANTY for all NIGHT Pillows excluding Pillowcases and Travel Pillows. This means NIGHT warrants the Pillow against defects in material and workmanship as originally packaged and delivered to you (“Defects”) when the Pillow is used normally as intended and in accordance with the applicable posted Care instructions, other instructions provided with the Pillow and common sense. 

(ii)  All NIGHT Silk and Satin Products Excluding Face Masks/Face Coverings:  NIGHT offers a LIMITED PRODUCT WARRANTY for all NIGHT Silk and Satin Products (for example, Bed Pillow Pillowcases and Scrunchies) excluding Face Masks/Face Coverings and Travel Pillowcases. This means that, for 3 years from the date these Products are ordered, NIGHT warrants these Products against Defects when used normally as intended and in accordance with all posted Care instructions, other instructions provided with the Product and common sense.

(iii)  All NIGHT Creams and Topical Products:  NIGHT offers a LIMITED PRODUCT WARRANTY for all NIGHT Creams and Topical Products including the Golden Silk Sheet Mask. This means that, for 30 days from the date these Products are ordered or purchased, NIGHT warrants these Products against Defects when used normally as intended and in accordance with all instructions and common sense.

(iv)  All NIGHT Face Masks/Face Coverings:  Warning: The Face Masks/Face Coverings are not medical-grade. These Products are ear loop face masks/face coverings. These Products are not a respirator and will not guarantee protection against COVID-19 (Coronavirus) or other viruses or contaminants. 

The NIGHT Face Masks/Face Coverings are FINAL SALE and cannot be exchanged, returned or refunded. Due to the nature of face masks/face coverings, refunds may be authorized only if the Product has a Defect. 

(v)   All Other NIGHT Products:  NIGHT offers a LIMITED PRODUCT WARRANTY for all other Products not listed above in this Section 4, for example: The Travel Pillow and its Pillowcase, NIGHT Pillow Compression Case and Eye Masks.  This means that, for 30 days from the date any of these Products are ordered or purchased, NIGHT warrants these Products against Defects when used normally as intended and in accordance with all instructions and common sense.

(b) TO WHOM THE LIMITED PRODUCT WARRANTIES APPLY. The Limited Product Warranties apply only, during the applicable warranty period, to the first purchaser of the Product who purchased the Product directly from Discover NIGHT or a Discover NIGHT authorized retailer. Warranties are not transferable or assignable.

(c) WHAT THIS LIMITED PRODUCT WARRANTIES COVER. The Limited Product Warranties apply to Defects due to faulty workmanship or materials for Products only sold by a NIGHT authorized retailer or purchased directly from NIGHT excluding:

  • As to NIGHT Bed Pillows and Travel Pillow:
    • Normal increases in softening and settling of materials or any other normal wear and tear.
    • Comfort preference.
    • Damage to the NIGHT Pillow caused by misuse, abuse or failure to follow Care instructions, for example: burns, cuts, tears, liquid damage or stains.
  • All NIGHT Silk and Satin Products, Travel Pillow, NIGHT Pillow Compression Case and Eye Masks Excluding Face Masks/Face Coverings:
    • Comfort or color preference.
    • Damage to the Product caused by misuse, abuse or failure to follow use and/or Care instructions, for example: burns, cuts, tears, liquid damage or stains.
  • All NIGHT Creams and Topical Products: Products used contrary to instructions.

(d)  RETURN POLICIES AND YOUR RESPONSIBILITIES. 

Can be found at https://discovernight.com/pages/no-strings-attached.

  1. Warranty Disclaimer.
  • Use of the Website is at your own risk. The internet is an open system and NIGHT cannot and does not warrant or guarantee that third parties cannot or will not intercept, copy or modify your Personal Information (as defined in the Privacy Policy).
  • The Website may not include Content pertaining to all Products sold by NIGHT.  In addition, Content posted on the Website may differ from the actual Product delivered to you.  For example, actual prices may differ from amounts charged or be changed; Products may be changed, unavailable or discontinued; posted information or depictions of Products may not be accurate, complete or current.  As such, the Website should not be relied on solely in making your buying decision. 

(c) As-Is.  Except as expressly stated in Discover NIGHT’s “No Strings Attached” Policy, Limited Product Warranties and Return Policies and to the fullest extent permissible pursuant to applicable law, NIGHT disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, title and non-infringement.  NIGHT does not WARRANT THE Products or the quality of any Products will meet your needs or expectations or Defects will be corrected Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.   YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

(d)  Remedy.   As your sole remedy for our breach of this Warranty, we may replace Products not materially conforming to our specifications when used in accordance with our instructions and common sense in accordance with and subject to Section 4, “No Strings Attached” Policy, Limited Product Warranties and Return Policies, unless your NIGHT quotation or order states the Products are non-returnable and/or the purchase price is nonrefundable. 

7   Limitation of Liability. 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS  expressly stated in Discover NIGHT’s “No Strings Attached” Policy, Limited Product Warranties and Return Policies, IN NO EVENT WILL DISCOVER NIGHT LLC ITS MANAGERS, officers, directors, employees, contractors, licensors, suppliers, successor AND assigns, BE LIABLE FOR PROCUREMENT OF SUBSTITUTE PRODUCTS, FOR MATTERS BEYOND THEIR REASONABLE CONTROL  OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATED TO THE PRODUCTS OR USE OF THE PRODUCTS 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 NIGHT HAS BEEN ADVISED OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.  NIGHT’S TOTAL AGGREGATE AND CUMULATIVE LIABILITY WILL NOT EXCEED THE PURCHASE PRICE PAID FOR THE PRODUCT GIVING RISE TO SUCH LIABILITY.

For jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of this Agreement, if your jurisdiction has provisions specific to waiver or liability that conflict with the foregoing, then our liability is limited to the smallest extent possible by law.  Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by our negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation or intentional misconduct; or (c) any liability which it is not lawful to exclude either now or in the future.

  1. Indemnification.  You agree to defend, indemnify and hold NIGHT, its officers, directors, employees, agents, licensors, suppliers, successors and assigns, harmless against all losses, expenses, costs or damages (including its reasonable attorneys’ fees, expert fees and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to your negligence, breach of these Terms or violation of any applicable law including, by way of example, export/import and privacy laws and regulations.
  2. Term; Termination. These Terms are effective on the date you first use the Website for any purpose and may be terminated by NIGHT without notice, at any time, for any reason and without liability. Your right to access and use the Website and Content immediately terminates without further notice upon your breach of these Terms.  Violation of these Terms may result in criminal and civil liability.  NIGHT may suspend or terminate your right to use the Website or Content at any time, with or without cause.  NIGHT reserves the right to discontinue or make changes to the Site at any time.  Sections 2, 3(b)(iii) through (v), 4 – 7, 9 and 10 survive termination of these Terms for any reason.
  3. Advertisements, Links to Other Websites and Third-Party Service Providers. The Website is hosted by Shopify, Inc. You may familiarize yourself with its terms  https://www.shopify.com/legal/terms.  The Website contains links to third-party websites, advertisers, or services that are not owned or controlled by NIGHT and as described in more detail in the Privacy Policy including, by way of example and not exclusion, the third-party payment processor.  Access to or use of third-party sites or services are at your own risk.  We are not responsible for any loss or damage of any sort relating to your dealings with these parties even if we provide assistance in resolving any claims or disputes with such third party.  We encourage you to be aware of when you leave the Website and to read the terms and conditions and privacy policy of any third-party website or service that you visit.
  4. Based in the United States.  The Website is controlled and operated in the United States and directed to persons, entities and corporations located in the United States.  Those who access or use the Website outside of the United States do so at their own volition and are entirely responsible for compliance with local law, including but not limited to export and import compliance and consent to the processing of their Personal Information (as defined in the Privacy Policy) by NIGHT in the United States. 
  5. General Provisions.

(a)  Entire Agreement.  These Terms and our posted Privacy Policy are our entire agreement, and supersede all prior negotiations, understandings or agreements (oral or written), between us about the subject matter of these Terms pertaining to use of the Website and the purchase of Products. These Terms can be modified only in writing signed by both of us. You acknowledge and agree that the provisions, disclosures and disclaimers of these Terms are fair and reasonable and your agreement to will follow and be bound to them is not the result of fraud, duress or undue influence exercised upon you by any person or entity. 

(b) Assignment.  This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by NIGHT without restriction.

(c)   Waiver. Severance. The failure of a party to enforce its rights under these Terms at any time for any period will not be construed as a waiver of such rights.  If any provision of these Terms or the Privacy Policy is determined to be illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that these Terms or the Privacy Policy will otherwise remain in full force and effect and enforceable.

(d)  Governing Law, Attorneys Fees and Compliance.   These Terms are governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflicts of law provisions.  The prevailing party in any action relating to these Terms is entitled to recover its reasonable attorneys’ fees and costs. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of NIGHT products) shall be in the state or federal courts located in North Carolina, United States. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of NIGHT products) must be commenced within one (1) year after the claim or cause of action arises. NIGHT' failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. NIGHT may assign its rights and duties under this Agreement to any party at any time without notice to you.

(e) Arbitration. In the event a dispute arises between you and NIGHT arising out of this “No Strings Attached” Policy, Limited Product Warranties and Return Policies, such dispute will be determined and settled by binding arbitration conducted in accordance with the expedited procedures set forth in the JAMS Comprehensive Arbitration Rules and Procedures as those Rules exist on the effective date of this Agreement, including Rules 16.1 and 16.2 of those Rules.

Before initiating arbitration, the party asserting the claim must provide the other party with written notice of the claim at least sixty (60) days prior to filing, describing the nature of the claim and the relief sought, and must engage in good-faith efforts to resolve the dispute informally. Notices to Discover NIGHT LLC must be sent to:
info@discovernight.com and Discover NIGHT LLC3600 North Duke St, STE 1, #1386, Durham County Durham NC, 27704-1769.

If the claim is not resolved within the 60-day period, either party may then file an arbitration demand with JAMS. Neither party shall initiate arbitration until this informal resolution period has expired, unless exigent circumstances require earlier filing to avoid the expiration of the applicable statute of limitations.

You must seek arbitration for disputes arising out of this No Strings Attached” Policy, Limited Product Warranties and Return Policies prior to exercising any rights or seeking any remedies created by the Title I of the Magnuson Moss Warranty Act. If you choose to pursue any rights and remedies that are not created by Title I of the Magnuson Moss Warranty Act, then arbitration is not required.

Arbitration will take place in Durham, North Carolina.

The arbitration will not be combined with any other proceeding or arbitration against one of the parties. The parties will designate one arbitrator who will serve as the sole arbitrator. If the parties are unable to agree, then JAMS will appoint the arbitrator who has industry knowledge and experience.  All arbitration proceedings will be closed to the public and confidential and all related records will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The decision and the arbitrator’s award will be in writing and will include a statement setting forth the reasons for the disposition of any claim. The arbitrator’s award will be final and binding on the parties, and judgment thereon may be entered in any court of competent jurisdiction.  The prevailing party is entitled to an award of its reasonable attorneys’ fees and all costs.

(f)  Independent Contractors.  The parties are independent contractors, joint ventures or partners of each other and not the employer, employee, agent or representative of the other party.

(g)  English Language.  The English version of these Terms governs. All communication, disputes, claims and causes of action (and related proceedings) will be conducted in the English language.

(h)  Changes to These Terms.  If we make a material change to these Terms, we will post a notice of those changes on our Website and may notify you by email (sent to the email address specified in your Account) prior to the change becoming effective. You are bound by changes to these Terms when you use the Website and/or purchase Products after those changes have been posted. We encourage you to periodically review this page for the latest version of these Terms.

(i)  Contact Us.  If you have any questions or concerns about these Terms, the Website, the Products or your dealings with this Website, including any bugs or actual or potential threats to the security of our Website and protection of your Personal Information, please contact us at info@discovernight.com or hi@discovernight.com or 3600 North Duke St, STE 1, #1386, Durham County Durham NC, 27704-1769, Telephone number: 1.888.825.6282.