Effective Date: January 1, 2022
These terms and conditions (“Terms and Conditions”) govern the purchase, sale, and use of electronic gift cards (“E-Gift Cards”) issued by Layla Sleep, Inc. (“Layla Sleep,” “we,” “us,” or “our”).
Layla Sleep reserves the right to update and/or change these Terms and Conditions at any time without notice. Purchase and/or use of an E-Gift Card constitutes your acceptance of these Terms and Conditions.
The following restrictions apply to the purchase and use of E-Gift Cards :
- Maximum E-Gift Card amount: $500.
- E-Gift Cards are redeemable for eligible purchases only on our website located at www.laylasleep.com.
- E-Gift Cards are not refundable (whether for cash or otherwise), except to the extent required by applicable state laws.
- E-Gift Cards cannot be used to purchase other E-Gift Cards, and cannot be reloaded, resold, redeemed for cash, or transferred for value.
- For combinations with other offers, restrictions may apply.
- All returns for purchases made using an E-Gift Card will result in credit to the E-Gift Card or issuance of a new E-Gift Card in the amount of the return.
When purchasing an E-Gift Card you also have the option to set a delivery date. If you do so, the recipient will receive the email with their code at 12:00am PST on the date you set.
Title to the E-Gift Cards and the risk of loss, destruction, or deterioration pass to the purchaser upon purchase. Layla Sleep, Inc. is not responsible for any E-Gift Cards that are lost, stolen, destroyed, or used without your permission. Moreover, we reserve the right to correct an E-Gift Card balance if we believe that a clerical, billing, or accounting error has occurred.
IN THE EVENT AN E-GIFT CARD IS NON-FUNCTIONAL DUE TO THE FAULT OF LAYLA SLEEP, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, WILL BE THE REPLACEMENT OF SUCH E-GIFT CARD.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, LAYLA SLEEP EXPRESSLY DISCLAIMS ALL WARRANTIES WITH RESPECT TO E-GIFT CARDS, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
If any provision of these Terms and Conditions is determined to be invalid, illegal or unenforceable, the remaining provisions of these Terms and Conditions remain in full force to the extent permitted by law.
This Agreement (and any further rules, policies, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of Connecticut, United States, without giving effect to any principles of conflicts of law.
YOU AND LAYLA SLEEP ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section (The AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879). The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR LAYLA SLEEP WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
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