Terms & Conditions

TERMS AND CONDITIONS

Effective Date of Current Policy: January 23, 2017

These Terms and Conditions apply to the website and the entire network of online digital properties (collectively, the “Site”) operated by the PONS Division of Standard Textile Co., Inc. (“PONS”, “we”, or “us”). The purpose of this Site is for you to learn about and allow you to purchase PONS mattresses, bed frames, comforters, shams, pillows and sheets, which we will collectively refer to as “Products.” Please review these Terms and Conditions carefully. Your use of and access to the Site are governed by these Terms and Conditions, as well as all other written terms, notices, guidelines and rules that relate to this Site including but not limited to the Privacy Policy, Limited Mattress Warranty, and the Smart Friends Referral Program, which collectively form a binding legal agreement between you and PONS. If you do not agree to these Terms and Conditions, your permission to access or use the Site is automatically and immediately revoked. If you have any questions about the Terms and Conditions, please contact us at support@ponsevolution.com.

PRIVACY

Please review the PONS Privacy Policy at https://ponsevolution.com/privacy-policy for more information on how we collect and use your information.

ELECTRONIC COMMUNICATION

By using this Site, communicating with us via chat, or sending us email, you are communicating with us electronically. This use provides consent to receive electronic communication or other communication from PONS. By using this Site, you also agree that all communications from PONS (including all policies, notices, disclosures, warranties, and agreements) satisfy any legal requirement that such communication be “in writing.”

ELIGIBILITY

The Site is not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is under the age of 13.

COPYRIGHT AND TRADEMARKS

All Site content, including text, images, graphics, media, content, data, and information, ("Content”) are for general informational purposes only. The Site is the property of PONS and is protected by United States and international copyright, trademark, and other applicable laws. This includes the Content, appearance, and design of the Site, as well as the trademarks, graphics, logos, colors, and designs. Except as expressly set forth herein, all rights in the Content and the Site are reserved to PONS and its licensors. You may not modify, copy, distribute, transmit, reproduce, publish, license, transfer or sell any of the Content or communications on this Site. Any use of the Content not expressly permitted by these Terms and Conditions or without express written permission, or that does not constitute a fair use under the relevant law, is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content is subject to change and the operation of the Site may terminate without notice in the sole discretion of PONS.

LICENSE AND SITE ACCESS

PONS grants you a limited, revocable license to use the Site for personal use only. This license does not include the right to republish, resell, distribute, or sublicense any of the contents of the Site. This license does not include the right to gather or extract data from the Site nor does it include the right to modify, adapt, decompile or disassemble any underlying HTML or code from the Site. The use of this website is granted at the discretion of PONS and PONS may terminate any person’s use of the Site at any time.

ACCOUNTS

To conveniently facilitate purchases on the Site, you may choose to create an account. Should you choose to create an account, you are responsible for maintaining the confidentiality of your account and restricting access to your account information. You agree that you will not share your password and other login credentials with any other individual or party. You are responsible for all activity that occurs in your account. When you create an account on the Site, you represent and warrant that the information you provide is accurate, current and true. You may also choose to use the Site and purchase Products without creating an account.

Please notify us immediately by email at support@ponsevolution.com if you believe your account information has been compromised. Because you are responsible for maintaining the confidentiality of your account information you will be solely responsible for the losses incurred by PONS and others due to any unauthorized use of your account that arises from your willful or negligent conduct.

USER CONTENT

No User submissions to the site create any legal obligation on the part of PONS, nor does PON’s receipt of such submissions constitute any acceptance by PONS of the contents of such submissions. You agree that you will not transmit any communications or content of any type that infringe or violate any rights of any party. By submitting communications or content to any part of this Site, including without limitation information relating to employment applications, you agree that all such submissions and communications are non-confidential for all purposes, and further that to the best of your knowledge such submission and communications comply fully with all requirements set forth in the relevant portions of the Site or elsewhere as indicated on the Site or in other PONS materials. If you make any such submission, you hereby grant to PONS, or warrant that the owner of such content has expressly granted to PONS an irrevocable, perpetual, royalty-free, right and license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. PONS may freely assign or sublicense these rights.

You agree that the following actions shall constitute a material breach of these Terms and Conditions:

Using the Site for any purpose in violation of local, state, national, or international laws;
Attempting to use the Site to disseminate material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
Attempting to use the Site to disseminate material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by STC in its sole discretion;
Attempting to use the Site to disseminate advertisements;
Attempting to use the Site to disseminate viruses, trojan horses, timebombs, worms, cancelbots, or other harmful computer code;
Harvesting or otherwise collecting information about others, including email addresses, without their consent;
Engaging in any other activity which, in the judgment of STC, exposes STC or any third party to any liability or detriment of any type; or
Knowingly submitting false or misleading information relating to employment opportunities.

PONS reserves the right to deny access to the Site for any violation of these Terms and Conditions.

DIGITAL MILLENNIUM COPYRIGHT ACT

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides the opportunity for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the Site infringe your copyright, you or your agent should send PONS a letter titled “Notification of Claimed Infringement” requesting that the alleged illegal material be removed, or that access to it be blocked. The notice must include the following information:

A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed upon;
Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works);
Identification of the specific material alleged to be infringing or the subject of infringing activity, and information reasonably sufficient enough to allow PONS to locate the material on the Site;
Your name, address, telephone number, and e-mail address along with a statement that you have a good faith belief that use of the material in the manner mentioned is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you believe in good faith that a notice of copyright infringement has been improperly filed against you, the DMCA permits you to send PONS a counter-notice to explain. Notices and counter-notices must meet the DMCA requirements. See http://www.loc.gov/copyright/ for details. Please send notices and counter-notices to copyright@standardtextile.com. Please seek legal counsel before filing a claim as there are penalties for false claims made under DMCA.

DISCLAIMER AND LIMITATION OF LIABILITY

THE SITE AND THE CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, PONS EXPRESSLY DISCLAIMS ALL WARRANTIES FOR THE SITE, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND OF NON-INFRINGEMENT. PONS DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR FREE FROM ERROR, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THIS SITE AVAILABLE TO YOU ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. PONS DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE CONTENT OR ITS ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY, OR OTHERWISE.

THE USE OF THE SITE AND THE CONTENT IS AT YOUR OWN RISK. WHEN USING THE SITE, INFORMATION WILL BE TRANSMITTED OVER A MEDIUM WHICH IS BEYOND THE CONTROL AND JURISDICTION OF PONS. ACCORDINGLY, PONS ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE SITE.

IN NO EVENT SHALL PONS BE LIABLE FOR ANY INDIRECT, INCIDENTAL AND CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OF, OR INABILITY TO USE, THE SITE OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT STC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT PONS IS FOUND TO BE LIABLE TO YOU FOR ANY FORM OF DIRECT DAMAGES, PONS’S LIABILITY SHALL BE LIMITED TO $500 USD. YOU AGREE THAT PONS SHALL NOT BE LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE CONTENT OR THE SITE. YOUR REMEDIES ARE EXCLUSIVE AND LIMITED TO THOSE EXPRESSLY PROVIDED FOR HEREIN.

ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE CONTENT OR THE SITE MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED.

SOME STATES MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

DISPUTE RESOLUTION

In the event of a dispute between you and PONS, which is any way related to these Terms and Conditions, the PONS 10 Year Limited Mattress Warranty, or the use of the Site or Products (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms and Conditions), you agree that the dispute will be resolved by binding arbitration. Arbitration does not use a jury or jury and court review of an arbitration award is limited. However, arbitrators can make individual damages awards and provide similar relief as a court. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS AND CONDITIONS, YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. You further agree that this arbitration will be heard in Hamilton County, Ohio.

Though informal dispute resolution and arbitration is preferred, nothing in these Terms and Conditions will allow the waiver or limitation of either party to bring an individual action into small claims court, pursue action through a state, federal or local agency, or seek an injunction in a court of law or file a suit in a court of law to address infringement claims.

Any person or organization who intends to seek arbitration must first send a written notice of the dispute to support@ponsevolution.com. The notice must contain a brief statement describing the dispute, the relief you are seeking and must include your name, address and contact information. It is our preference to resolve disputes informally, but if we are unable to reach an agreement within 30 days after the notice is received, either party may commence an arbitration proceeding. If we have a dispute with you, we will contact you via email titled, Notice of Dispute, to the email we have on file for you.

Any arbitration between you and PONS will be governed by the Federal Arbitration Act, and the Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms and Conditions, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.

You shall pay for all filing fees up to the amount that you would have been required to pay to resolve the matter in the court having jurisdiction. PONS will pay for all additional filing and arbitration fees that AAA may impose on you, including all fees charged by the arbitrator for his or her services. Each party shall bear its own attorney's fees and expert witness fees; however, it is understood that the arbitrator will have the same power to award attorney's fees to the prevailing party as a court would have with respect to the same claims.

You agree that you may only choose to resolve any dispute on an individual basis and not as a plaintiff or class member or representative action or proceeding. Further, unless you and PONS otherwise agree, the arbitrator may not consolidate more than one person’s claims or preside over any form or class, consolidated or representative proceeding.

These Terms and Conditions will be governed and construed in accordance with the laws of the State of Ohio, excluding its conflicts of law rules or law principles. Should these Terms and Conditions permit a lawsuit or trial, you agree to submit to the jurisdiction and venue of the state and federal courts located in Cincinnati, Ohio.

REVISIONS AND TERMINATION

We may review these Terms and Conditions from time to time to ensure their compliance with current laws and consistency with our organization. We reserve the right to update and revise these Terms and Conditions at any time without notice. You will know when the Terms and Conditions were last updated by referring to the “Effective Date of Current Policy” date at the top of this page. You accept these Terms and Conditions when you choose to use our website. We further reserve the right to terminate your license to the PONS Site and to block future access without notice and for any reason or no reason. Upon termination, these Terms and Conditions will still apply.

WARRANTY

Because we believe that we’ve crafted PONS with the best technology and empathetic engineering practices, we stand behind our product. The PONS Mattress is covered by a warranty. If you believe there is a defect in the PONS Mattress, please review the warranty and contact us at support@ponsevolution.com. The terms of our PONS Mattress warranty can be found at https://PONSevolution.com/warranty/. The PONS Mattress warranty is a part of these Terms and Conditions. Should there be a conflict between the terms of the mattress warranty and these Terms and Conditions, the mattress warranty shall govern.

WAIVER

If we fail to partially or fully exercise any rights or waiver of any violation of these Terms and Conditions, this shall not prevent our later exercise of such right or constitute our wavier of any further violation.

SEVERABILITY

If any part of these Terms and Conditions are deemed invalid, void or unenforceable for any reason, only that part or section of the Terms and Conditions will be severed. The severed part or section will not affect the validity or enforceability of any remaining term or condition.

ENTIRE AGREEMENT

These Terms and Conditions (including any document or terms expressly incorporated into these Terms and Conditions) constitute the entire agreement between the Site user and PONS. This agreement supersedes any prior or contemporaneous electronic or written communications proposals regarding the Site. Any rights not expressly granted herein are reserved.

Miscellaneous Provisions

Smart Friends Referral Program

To reward brand loyalty, PONS created the Smart Friends Referral Program. Here’s how it works: After one customer purchases a product, s/he will receive a Referral Code to share with new customers. The new customer will receive 10% off of their order for using the Referral Code and the existing customer or referrer will receive $10 cash back. The existing customer or referrer will receive $10 each time their exclusive Referral Code is applied to an order. The existing customer or referrer can earn the total of the original order that generated the Referral Code. The Referral Code is valid for up to 30 days after the initial purchase. Referral Codes are limited to one per household.

Promotional Codes

To promote events, special offers or products, PONS may distribute promotional codes (“Promo Codes”) that are redeemable towards purchases on ponsevolution.com. The Promo Codes are subject to certain exclusions or restrictions that may be determined by PONS in its sole discretion.

Only valid Promo Codes will be honored and any Promo Codes supplied or promoted by an unauthorized third party will not be considered valid.
Promo Codes may not be combined or used in conjunction with the Smart Friends Referral program.
Each Promo Code is limited to the use of a single order or item and is void if duplicated.
Promo Codes cannot be redeemed for cash or any cash equivalent.
In the event of a product return, the original form of payment will be credited less the amount of discounts received using Promo Codes.

RETURNS

PONS Mattresses

If for some reason you decide that you do not like your PONS Mattress and would like to return it, please review our return policy below.

You have 100 days after receipt of purchase to decide if you like the PONS Mattress. Please make your decision before Day 101.
We donate mattresses that don’t make the cut with customers which is why mattress returns must be in donate-able condition (e.g. free of holes, tears, major stains, dirt, and liquid of any kind). You may NOT destroy the mattress and try to return it; there is someone in a shelter who can use it.
Contact us to initiate the return process. Send an email to support@ponsevolution.com. Include your name, receipt and contact information in the email.
If we determine that you are within the 100-night trial period, we will contact you to make arrangements for the mattress to be picked up. The decision on whether or not a mattress is in donate-able condition is up to a PONS-assigned charity. When we have been informed that a PONS-assigned charity has picked up the mattress, your original form of payment will be credited less any discounts applied to that order.

PONS Bed Frames, Pillows & Linen

If for some reason you decide that you do not want to keep the PONS Bed Frame, PONS Pillow and/or PONS Linen, you may return these products up to 30 days after receipt of purchase. If you would like to return the PONS Bed Frame, PONS Pillow or PONS Linen, please review the return policy below.

You must return the product within the first 30 days after receipt of purchase.
Contact us to initiate the return process. Send an email to support@ponsevolution.com. Include your name, receipt and contact information in the email.
We will confirm that you are within the 30-night trial period and send a return shipping label.
The bed frame, pillows, and/or linen products must be shipped back to PONS in new or gently used condition in its original packaging.
Once we receive the returned products and confirm that the products are in new or gently used condition, your original form of payment will be credited less any discounts applied to that order.

We encourage you to try our products. Try everything! Please be aware, however, that each customer will only receive one trial per product type. If you try, then return a particular product type, you will no longer be eligible for additional 100-night/30-night trials on subsequent orders of that particular product (e.g. if you return a mattress, you will not be eligible for any more 100-night trial on future mattress orders).

Additionally, except for defective products, please be aware that we will not accept more than two (2) returns per product type per order (e.g. if you order four mattresses for your frat house, we will only accept two mattress returns). This will be validated by customer name or shipping address.

Shipping damages or product lost in shipping must be taken care of with the carrier. Risk of loss and title for products purchased from PONS pass to you upon delivery of such products (by PONS or our manufacturer) to the carrier. You are responsible for filing any claims with carriers for damaged or lost shipments.

DEFECTIVE PRODUCT

We’re engineers. We get angry when things don’t work the way they should. We want our products to work for you. If you believe any of the PONS products that you’ve purchased are defective, contact us within 72 hours of receiving the product and we’ll do our best to make it right.

Here’s what you need to do: Send us an email at support@ponsevolution.com. In your email, attach your receipt, a photo of the defect and a description of the defect. PONS will review and determine how to replace or repair your product.

PRICES AND SHIPPING

The price for products will be displayed on the Site. Prices displayed on the Site do not include taxes. There is no charge for standard shipping. Express shipping is not an option.

Our website currently uses one or more third parties that you will authorize to process payments. Our third-party payment processors accept payments through various credit cards. The complete list of payment options will be detailed on the applicable payment screen at the time of your purchase.

All amounts listed are in U.S. dollars and all monetary transactions on the website take place in U.S. dollars.