These terms and conditions set out the terms and conditions on which we offer to supply to you products advertised on this Website. By using or accessing our Website and/or placing any order(s), you agree to be legally bound by these terms and conditions.
Please read these terms and conditions as they protect your interest, and if you have any comments, problems or any questions regarding our Website and/or products and services featured, please contact us through the contact form on the FAQ page.
Information about Bedphones
Bedphones are headphones designed to be comfortable for use in bed. We do not accept any liability for damage caused to your mobile music player, computer, stereo or other devices whilst using Bedphones
We have a 100% satisfaction guarantee. If you are not completely satisfied with headphones, you may return them within 30 days of delivery for a full replacement or refund. We'll also pay the return shipping costs if the return is a result of our error (you received an incorrect or defective item, etc.).
You should expect to receive your refund within four weeks of giving your package to the return shipper, however, in many cases you will receive a refund more quickly. This time period includes the transit time for us to receive your return from the shipper (5 to 10 business days), the time it takes us to process your return once we receive it (3 to 5 business days), and the time it takes your bank to process our refund request (5 to 10 business days).
If you need to return an item, simply login to your account, view the order using the "Complete Orders" link under the My Account menu and click the Return Item(s) button. We'll notify you via e-mail of your refund once we've received and processed the returned item. If you have not created an account, send us an e-mail and we can process the return manually.
You must include Return Merchandise Authorization Number on package or we cannot process refund.
Moonbow ReturnsRMA# [Insert RMA Number Here]3104 S. LochlomondSpringfield MO 65804
USPS First Class shipping to all U.S. destinations typically takes 2-3 business days, but can take longer in some instances. International shipping typically takes 5-15 business days, but can take up to 30 business days due to customs regulations. Note that Moonbow is not responsible for any customs charges incurred.
Acceptance of your order
Our products are offered for sale subject to availability and our acceptance of your order, which we reserve the right to reject without reason. However, we will inform you as soon as possible if the products you have ordered are not available or if your order has not been accepted, and a full refund will be given for orders which are rejected.
We may from time to time issue gift or promotional codes relating to the purchase of the products. These gift or promotional codes will only be available on the terms specified at the time of issue. Should you attempt to make an order for products using a gift or promotional code issued to another individual and/or for purposes other than those for which it was granted, we shall be entitled to reject such order. A refund will be given for all rejected orders.
After you have placed an order with us for the purchase of products, you will receive an e-mail confirming the transaction of your order.
Pricing and payment details
All prices quoted are in dollars ($), are inclusive of TAX (as applicable) and are accurate at the time of publication, except in cases of obvious error. The price includes delivery cost.
Prices are liable to change at any time, but will not affect orders which have already been dispatched. Our Website may contain a number of products and it is always possible that, despite our best efforts, some of the products listed on our Website may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a product's correct price is less than our stated price, we will charge the lower amount when dispatching the product to you. If a product's correct price is higher than the price stated on our Website, we will normally, at our discretion, either contact you for instructions before dispatching the product, or reject your order and notify you of such rejection.
We are under no obligation to provide the product to you at the incorrect (lower) price, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a miss-pricing.
Full payment will be taken at the time of placing your product order, and we reserve the right to obtain validation of your payment before accepting your order. If your order is rejected, for whatever reason, and payment has been accepted, you will receive a full refund.
Third Party Websites
We may provide links on our Website to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products you purchase from companies to whose website we have provided a link on our Website, will be fit for purpose or of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. Unathorized resale through Amazon.com, Ebay.com, or their affiliate sites is prohibited.
Notices and Complaints
All notices given by you to us (including any complaints that you may have) should be sent to Bedphones by the contact form on our FAQ page.
We may give notice to you at either the e-mail or postal address you provide to us when placing an order.
You and we acknowledge that, in entering into a contract, you have not and we have not relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between you and us prior to such contract except as expressly stated in these terms and conditions.
THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT BEDPHONES SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.
Law and jurisdiction
These terms and conditions shall be governed by, and construed in accordance with, the laws of The United States of America. Disputes arising here from shall be exclusively subject to the jurisdiction of US courts.
You agree to defend, indemnify and hold Dubs Concepts, LLC harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site.
How we settle disputes.
You agree that:
- any claim or dispute (whether in contract, tort, or otherwise) you may have with Dubs Concepts, LLC or any other Members of the Dubs Concepts, LLC’s System arising from or related to the online services or these terms will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a single arbitrator using JAMS’s Streamlined Arbitration Rules and Procedures (“rules and procedures”);
- this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16;
- the arbitration shall be held at a location determined by JAMS under its rules and procedures (provided such location is reasonably convenient to you), or at such other location as may be mutually agreed to by you and Dubs Concepts, LLC or other Members of the Dubs Concepts, LLC System;
- the arbitrator’s decision shall be based on these terms and any of the other agreements referenced herein that you may have entered into in connection with the online services;
- the arbitrator shall apply Illinois law consistent with the FAA, and applicable statutes of limitations, and shall honor claims of privilege recognized at law;
- no claims shall be arbitrated on a class or representative basis as you and Dubs Concepts, LLC hereby waive the right to assert claims in any class or representative action; arbitration will therefore only decide the individual claims of you and Dubs Concepts, LLC; it is agreed that the arbitrator may not consolidate or join the claims of any other person or party to an arbitration between you and Dubs Concepts, LLC under this provision;
- you and Dubs Concepts, LLC empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these terms or formation of this contract, including the arbitrability of any dispute and any claim that all or any part of these terms are void or voidable;
- in the event that the administrative fees, arbitrator fees and filing fees associated with the arbitration exceed $100 USD, Dubs Concepts, LLC agrees to pay any such administrative, arbitrator and filing fees exceeding $100 on your behalf, subject to ultimate allocation by the arbitrator. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Dubs Concepts, LLC will pay as much of your fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and
- with the exception of subpart (6) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules and procedures, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (6) above is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither Dubs Concepts, LLC nor you shall be entitled to arbitrate their dispute. In such event, you agree to bring any and all claims arising out of or related to these terms or the online services in the state courts of Deschutes County, Oregon. Further, both you and Dubs Concepts, LLC agree to waive any right to a trial by jury. Finally, this arbitration provision is reciprocally binding on all parties, such that both you and Dubs Concepts, LLC are required to arbitrate their claims against one another. For more information on JAMS and/or JAMS Rules and Procedures, you may visit the JAMS Website.