1 Year Limited Pillow Warranty
Each Pluto Brand, Inc pillow comes with a 1 year limited warranty (the “Pillow Warranty”) that covers any manufacturer defects in our cover or foam, subject to the limitations described in this warranty.
This limited Pillow Warranty gives you specific legal rights, and you may also have other rights which vary from state to state. The Pillow Warranty extends only to the original purchaser of our pillow and all warranties are not transferable. Pillow must be purchased directly from Pluto Brand, Inc. Please retain your proof of purchase.
PLUTO BRAND, INC. LIMITED WARRANTY AND RESPONSIBILITIES
Pluto Brand, Inc warrants the pillow against material defects and workmanship for 1 years from the date your pillow was purchased. This covers:
Physical flaws in the foam material that causes it to crack when used normally for its intended purposes and with proper handling.
Manufacturer defects in the cover such as fabric tears, zippers that can no longer be opened or closed, and stitch unraveling.
We do not cover:
A change in comfort preference.
Changes to your pillow caused by normal wear and use (normal increases in softness, firmness, or compression of the pillow).
Abuse to the foam and/or cover, failure to use and care for foam and cover, that causes deterioration or damage beyond normal wear.
Stains, burns, cuts, liquid damage.
Any pillow sold by unauthorized retailers and resellers.
We will repair or replace the defective pillow or the defective component(s) of the pillow (e.g., the cover). In the case of a manufacturing defect, Pluto Brand, Inc will repair or replace your pillow (as elected). If we elect to replace the pillow or pillow component, we will replace it with the model or style available at the time of replacement, which may be different than the original.
Any repair or replacement will not extend the original period of limited warranty. The Pillow Warranty of the replaced or repaired pillow begins from the date of purchase of the original pillow.
YOUR RIGHTS UNDER STATE LAW
Some states do not allow the exclusion or limitation of implied warranties, so the above exclusions may not apply to you. You may also have rights that vary from state to state.
NO MEDICAL OR HEALTH CLAIMS
Pluto Brand, Inc makes no medical or health claims regarding its pillows. Allergies, discomfort, and other conditions are not covered under this Pillow Warranty. Medical or health concerns should be addressed by a licensed physician.
HOW TO MAKE A CLAIM
To make a claim under this Pillow Warranty, please send the following to sleepy@plutopillow.com:
A brief written description (and photo, if possible) of the problem or condition.
Proof of purchase
Your failure to comply with these instructions may void this Pillow Warranty. We reserve the right to require photos, further information or descriptions, or to physically inspect the pillow prior to accepting a claim under this Pillow Warranty.
GOVERNING LAW
This limited Pillow Warranty will be governed by the laws of the State of California.
ARBITRATION
We hope that we will never have a dispute with you. However, in the event a dispute arises between you and Pluto Brand, Inc. arising out of this Limited Pillow Warranty, such dispute will be determined and settled by binding arbitration between the parties, in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (“AAA”). More information about the AAA is located at www.adr.org, or you can call the AAA at 1-800-778-7879.
You must seek arbitration for disputes arising out of this Limited Warranty 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 Los Angeles, California.
The arbitration will not be combined with any other proceeding or arbitration against one of the parties. Each party will designate one arbitrator and the two designated arbitrators will select a third arbitrator, who will serve as the chair of the arbitration panel. If the two arbitrators cannot agree on the third arbitrator, then the AAA will appoint the third arbitrator. Barring extraordinary circumstances, the arbitrators will issue their decision within 120 days from the date the third arbitrator is selected by the two designated arbitrators or appointed by the AAA. The arbitrators may extend this time limit for an additional 30 days in the interests of justice. 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 arbitrators’ award will be in writing and will include a statement setting forth the reasons for the disposition of any claim. A dissenting decision will also be set forth in writing. The arbitrators’ award will be final and binding on the parties, and judgment thereon may be entered in any court of competent jurisdiction.
In addition, to the maximum extent permitted by applicable law, you will not be permitted to assert any claims in the capacity as a representative of a class of consumers, or otherwise to represent the interests of any other person (as a private attorney general or otherwise) in any such arbitration. You shall be able to assert only your own, individual claims in any such arbitration. Arbitration on an individual basis means you will not have, and you waive, the right for a judge or jury to decide your claims, and that you may not proceed in a class, consolidated, or representative capacity.
WARRANTOR
Pluto Brand, Inc.: 2815 Pellissier Pl, Industry, CA 90601
sleepy@plutopillow.com
