Thank you for visiting our website – Curmark.com. Please read these Terms of Service (the “Terms”) before using the Website, using any of its features, or requesting to make a purchase.
These Terms govern your use of the Website and form a legally binding agreement between you (the “User” or “you”) and the Website Operator for each purchase you make on the Website.
If you have not read or understood any of the provisions of these Terms, we recommend that you discontinue using the Website and refrain from making any purchases through the Website.
1. General Information
1.1. The Websites and the brand names “Curmark.com” and “Curmark” are used and operated by a business entity Intuitive Process LLC, which is a limited liability company incorporated under the laws of United States (EIN 36-4985908) with a registered office address at 6815 Armstrong Ct, Woodridge, Illinois, 60517.
Whenever you will be using the Curmark.com or buying anything on Curmark.com you will be entering into a contractual relationship between Us and You and this contractual relationship shall be bound and determined by these Terms and the applicable laws.
1.2. Please be noted that most of the products that are available for purchase on the Website are sent to the buyers from the Seller’s warehouses located in China.
Thus depending on the laws applicable in the country of your residence, your purchased products might be subject to import duties, sales and/or other similar taxes.
1.3. To use Curmark.com and make purchases on Curmark.com, you must meet the following minimum requirements
(a) You have read and agree to be bound by these Terms.
(b) You are of legal age to use Curmark.com or to enter into a remote contract through online means in accordance with local law.
(c) You are using Curmark.com for your own personal benefit and do not intend to use Curmark.com for the benefit of any other business or entity, whether natural or legal.
1.4. Curmark.com is intended for adult users only.
Curmark.com is not and will not be available for use by children or minors.
1.5. If you have read these terms but do not fully understand them, please contact our customer support team by sending an email to [email protected] and do not purchase anything from Curmark.com until you fully understand all of the terms.
1.6. if we have reason to believe that you have not complied with the requirements set out in the above referenced terms, or if you have breached any other provision of these terms.
1.7. Our products are manufactured in China and will be shipped to you; therefore, import duties, sales taxes or VAT and/or other taxes may apply to your purchase in accordance with the applicable laws of your country of residence.
2. What We Sell?
2.1. Curmark.com is dedicated to the sale of various household products (the “memory foam pillows”).
2.2. All of our memory foam pillows are designed and manufactured in accordance with all EU requirements applicable to household goods and in compliance with applicable laws.
2.3. The memory foam pillows available for sale on the Website are not toys and are not designed or intended for use by children.
Please do not give any memory foam pillows purchased from our Website to minors without your presence.
2.4. We currently sell the following goods with the attributes shown below.
Please read carefully the description of the main attributes of the goods you wish to purchase from us. Branded memory foam pillows
2.5. The Curmark Memory Foam Pillow (hereinafter referred to as Derila) is an ergonomic contour pillow made of polyurethane-based memory foam material with an outer cover of polyester.
The product is specifically designed to be used as a pillow for more comfortable sleep in three sleeping positions (back, side and stomach).
2.6. The technical specifications of memory foam pillows are as follows
Statement
Package Weight:
The uncovered pillow is 0.5KG and the entire package is 0.7KG.
Package Dimensions:
50x30x6/10CM
Exterior Materials:
100% polyester
Inner Material (Pillow Filling)
100% polyurethane
Grade
Grade A
Pillow Foam Type
General Bounce
Washing Instructions
Disclaimer:
Please read the instructions on the product maintenance label carefully before washing.
The inner pillowcase is not removable.
The pillow core (the pillow itself) cannot be washed.
Due to legal penalties, the tag on the pillow cannot be removed by non-consumers.
Inner Pillow Protector
Prevents wear and tear and keeps the pillow core from sagging.
2.7. The claims listed on Curmark.com or in the web materials have not been evaluated by the FDA.
The aforementioned products are not intended to diagnose, treat, cure, or prevent any specific disease or condition (including chronic pain), but rather may help relieve a variety of back, shoulder, and neck pain that may result from poor sleeping positions that do not properly support the neck and shoulders while sleeping.
2.8. If you have a health problem or pre-existing condition, please consult your doctor or appropriate professional before using memory foam pillow is not intended to replace or substitute for the advice or prescription of a physician.
Memory foam pillow is not designed to replace medicines and treatments.
2.9. We are not responsible for any changes in the properties of the memory foam pillow if you use it without following the usability specifications set forth herein and in the product user documentation you receive with the purchased memory foam pillow product.
3. Pricing, Payment and Charges
3.1. The final price, including all taxes and fees for the product, is displayed on the checkout page where you can make your purchase. The price on the checkout page does not include any import fees or duties applied by your local customs office.
The price on the checkout page does not include any import fees or duties applied by your local customs office.
3.2. The prices of the products displayed on the Website are subject to change.
From time to time, we may apply discounts or lower prices.
3.3. We reserve the right to modify or discontinue further sales of products.
We will not be liable to you or any third party for any modification, price change, suspension or discontinuance of the sale of any Product.
3.4. We do not apply conversion rates or charges based on the payment method you choose.
However, some banks apply exchange rates to money transfers and international transfers.
Therefore, we are not responsible for any bank charges or exchange rates paid to us by your bank.
If there is a difference between the price of a product on our website or purchase receipt and your bank account statement, please contact your bank for a detailed explanation of any additional charges.
3.5. We only accept credit cards, PayPal and other electronic payments.
We do not accept checks, cash or other forms of payment unless a ‘cash on delivery’ service is available in your country (if ‘cash on delivery’ is available in your country, we will inform you of that option on the check -out page).
4. Delivery
4.1. After you place an order on Curmark.com and complete payment, we will process your order within 1-3 business days.
After your order is processed, you should receive your shipment within 14 business days if shipping is not affected by natural occurrences.
If you haven’t received your shipment within 14 business days, then contact customer support.
4.2. Once your order is processed and ready for shipment, we won’t be able to accept any changes to your order or cancel the order.
If you change your mind, you can return products as specified in Section 5 (“Returns & Refunds”) below;
4.3. All products purchased from our website will be shipped to you via EMS, DHL or other similar couriers.
Once your order has been processed, we will send you a confirmation letter with a tracking number.
You can track your order online at any time by visiting https://www.curmark.com/my-account/orders/.
4.4. If you do not receive your purchase within 30 natural days, please report it to Customer Support. Pursuant to Article 18(2) of Directive 2011/83/EU of the European Parliament and of the Council, if you do not receive your purchase within 30 natural days, you must contact us to let us know what is acceptable. additional period to deliver your purchase.
You may only terminate your purchase if we fail to deliver your purchase within the additional time period.
If you do not follow the rules set out in this clause, you cannot claim that you did not receive the goods you purchased.
4.5. Please note the following
(a) Due to the COVID-19 pandemic, logistics networks may be disrupted in many countries, so delivery times may be longer than stated on Curmark.com or in these Terms.
(b) Delivery terms may also be affected by customs clearance, natural disasters, transfers to local carriers in your country, or air and ground transportation strikes or delays.
We will not be liable if delivery is delayed for any of the above reasons.
5. Returns and Refunds
5.1. If you are unhappy with your purchased Goods you may return items and get a refund, exchange or store credit within 30 natural days from the delivery date.
The 30 natural days return term will expire after 30 natural days from the day on which You, or a third party other than the carrier indicated by You, acquires physical possession of the purchased memory foam pillows.
5.2. To exercise your right to withdraw and return your purchased goods, you must contact our customer support team by filling out the online contact form at https://www.curmark.com/contact-us/.
When you contact our support team, you will be provided with a return code and a return address.
Please note that we only accept returns that are sent with the provided return code and delivered to the provided return address.
5.3. To meet the withdrawal deadline (30 natural days) you have to contact us and send the returning memory foam pillows to us within 30 natural days from receiving the memory foam pillows.
5.4. If you withdraw from this Agreement, we will repay all payments received from you without undue delay and in any event within 14 business days of receiving the returned goods from you.
We will refund you to the same payment method used for the original transaction.
5.5. Please be noted that we will only accept the returned memory foam pillows if it was not used, damaged and sent back to us in the original package.
If we determine that the returned products were used but still in an operable and re-sellable condition, we might still make a refund to you, but You will be liable for any diminished value of the memory foam pillows resulting from handling the memory foam pillows.
Thus, if we found that the returned product was used, we reserve the right to not accept the return and not to issue the refund.
5.6. Please be noted that if You want to return memory foam pillows bought on Curmark.com You will have to cover the shipping costs which will not be compensated by Us.
5.7. If you do not collect your purchased memory foam pillows from the carrier or customs and such memory foam pillowsare returned to Us, we will make you a refund, USD 5 per one shipment, and diminished value amount (if any) from the returnable amount.
5.8. Only products returned to the address provided by our customer support will be accepted and refunded, and a return authorization code will appear on the return shipment.
Please do not send returns to our office address as we will not be able to accept them.
5.9. Please note that shipping costs are not refundable.
We issue refunds for the purchased items, but NOT for the order’s shipping costs.
6. Warranty
6.1. To return a defective item, contact Customer Support by filling out the online contact form at https://www.curmark.com/contact-us/.
When contacting Customer Support with a warranty claim, be prepared to provide the following upon request
(1) a photo of the defective item;
(2) your order ID and purchase confirmation or payment receipt;
(3) a brief description of the defect.
7. Personal Data and Contacts
7.1. we take necessary precautions to protect your Personal Data from inappropriate loss, misuse, access, disclosure, alteration or destruction and follow all requirements set by industry best practices and applicable laws.
7.2. Provider will ensure that all Personal Data is collected and processed in accordance with all applicable laws.
To learn more about how we use and process Personal Data, please see our Privacy Policy.
7.3. We may contact you by phone or email if we need to confirm details about your order.
We may also send you promotional messages if you have consented to this on the Website.
7.4. If you choose to receive promotional messages from us through our website or by opting-in, you are providing your prior express written consent to receive recurring marketing or promotional messages (“SMS”) from us that are sent via an automated telephone dialing system.
7.5. If you provide your express written consent to receive SMS from us, we may also send you an SMS offering to sign you up for an SMS subscription service.
You will only be enrolled in a subscription if you confirm your consent to be enrolled in a subscription.
If you subscribe to receive promotional messages, we will send you no more than three promotional SMS per week.
7.6. You may unsubscribe from receiving promotional SMS from us at any time by replying to our SMS with “STOP”, “END” or “CANCEL”. Upon receipt of your unsubscribe request, we will immediately stop sending you SMS.
If you are unable to unsubscribe or need additional information, please contact our Customer Support team by email or reply “HELP” to our SMS and a team member will contact you within 1-3 business days.
7.7. Depending on your wireless service provider’s personal data plan, Twitter confirmation text messages and follow-up text messages may be subject to your wireless service provider’s messaging and data plans.
Please contact your wireless carrier for information about the cost of data retrieval, sending and receiving text messages.
In no event will we or our affiliates be liable for any text message or cell phone charges incurred by you or anyone who has access to your cell phone or cell phone number.
Neither we nor your mobile network operator is responsible for any delays in receiving or non-delivery of text messages.
7.8. The information we receive from you in connection with the SMS service may include your cell phone number, the name of your network operator and the date, time and content of your SMS messages.
For more information about how we use your personal information, including your cell phone number, please see our Privacy Policy.
8. Rules of Conduct
8.1. Our Products are sold for personal use only.
By agreeing to these Terms, you confirm that you will only purchase our goods for your personal use.
8.2. You may not use our goods or services for any illegal or unauthorized purpose, nor may you break any laws when using the Website.
All content on the Website and the content (including graphic design and other content) of any materials you receive from us, and related parts of the Website are owned by Curmark.com and are protected by copyright law.
Any use of the copyright for any purpose other than personal use without our license constitutes a copyright infringement.
8.3. We will investigate any illegal and/or unauthorized use of the Website and prosecute you for any violation of these Terms or applicable law.
While using the Website, you shall
(a) not use the Website or its content for any unlawful purpose or in violation of any local, state, national or international law
(b) not infringe, or encourage others to infringe, any third party rights, including intellectual property rights
(c) comply with any policies posted on Curmark.com.
(d) not transfer your registered account to any other person, legally or factually, without our written consent.
(e) provide us with honest and accurate information.
(f) not use Curmark.com or its content for any commercial purpose, including the distribution of advertising or solicitations.
(g) not reformat, reformat or mirror any part of the web pages of Curmark.com.
(h) create links or redirects to the Website from any other website or via email without our prior written consent; or
(i) attempt to interfere with the proper working of Curmark.com or the use and enjoyment of Curmark.com by any other user.
(j) commercially resell, redistribute or transfer any products you purchase from us.
(k) interfere in any way with the security-related features of Curmark.com.
(l) use any robot, spider, scraper, or other automated means or manual process to access, monitor, or copy any content or information on Curmark.com for any purpose without our express written permission.
(m) claim a false affiliation, access another user’s account without authorization, or falsify your identity or any information about you, including your age or date of birth.
(n) take any other activity or action that does not comply with these Terms or applicable law.
8.4. You acknowledge that you may not always need to access the Website, particularly during periods of necessary hardware and software maintenance.
9. Disclaimer
9.1. Curmark.com may provide links to other websites controlled by third parties.
Any information, products, software or services offered on or through third party sites are controlled by the operators of those sites and not by us or our subsidiaries.
When you access a Third Party Site, you do so at your own risk.
9.2. Due to we respect the privacy of our customers, any ratings and/or comments displayed on Curmark.com may include fictitious names and associated photographs.
While the identity of the consumer is known to us, we will not display the user’s real name unless the user has expressly consented to the display of their name and/or image.
9.3. Unless otherwise stated, Curmark.com is our property and all source code, databases, functionality, software, design, text, photographs and graphics on this Site are owned or controlled by us and are protected by copyright and trademark laws.
Any reproduction or use of the content of Curmark.com without our prior written authorization is prohibited.
9.4. The memory foam pillows available on or through Curmark.com are provided “as is” without warranty of any kind, either express or implied.
To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
9.5. The memory foam pillows sold on Curmark.com are designed for personal use only.
We do not claim that our products are suitable for professional, industrial or commercial use.
9.6. We do not warrant that the website or any functions of the website will be uninterrupted or error-free, that defects will be corrected, or that any part of the site or the server that makes the site available are free of viruses or other harmful components.
We expressly disclaim any liability for any damages or injury resulting from any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction, or unauthorized access to, alteration or use of any records, whether in breach of any act, negligence or other cause of action.
Each user acknowledges that we are not responsible for the defamatory, offensive or illegal conduct of any other third party, subscriber, member or other user of Curmark.com and that the risk of injury under the foregoing is solely with each user.
9.7. We make no representations or warranties as to the accuracy, correctness, timeliness, or reliability of the information on the website or any third party website.
Your use of the information on Curmark.com or any third party website is at your own risk.
Under no circumstances will we be liable for any loss or damage arising from reliance on information obtained through the website.
9.8. All information provided on Curmark.com is for commercial and recreational purposes only.
Curmark.com should not be used for high-risk activities where errors may cause damage or injury to people, property, the environment, finances or business.
You assume all risk of use of the information provided on Curmark.com.
9.9. We have made every effort to display the colors and images of all materials appearing on Curmark.com as accurately as possible; however, we cannot guarantee that your computer monitor’s color display will be accurate and that all product or service displays on Curmark.com will accurately reflect the actual attributes of the products or services found on Curmark.com.
10. Warranty
10.1. You agree to indemnify, defend and hold us and our affiliates and their respective officers, directors, owners, agents, information providers and licensors harmless from and against any and all claims, liabilities, losses, damages, costs, expenses and charges (including attorneys’ fees) relating to
(a) your use of or connection to our website
(b) your use or alleged use of your account or your account password by any other person, whether or not authorized by you
(c) the content of any information you submit to us
(d) your violation of the rights of any other person or entity
(e) violation of any applicable law, rule or regulation.
10.2. We reserve the right, at our expense, to assume the exclusive defense and control of any other matter otherwise subject to indemnification by you, in which event you agree to cooperate with us in asserting any such claims.
11. Limitation of Liability
11.1. Under no circumstances, including, but not limited to, negligence, will we, our subsidiaries or affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of Curmark.com (including any such materials, products or services) or any third party materials, products or services available through Curmark.com, even if we have been advised of the possibility of such damages.
Some states do not allow the exclusion or limitation of certain categories of damages, so the above limitations may apply to you to a lesser extent.
In such states, our liability and the liability of our subsidiaries or affiliates shall be limited to the maximum extent that it may be limited under applicable state law.
11.2. In no event will our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, health problem, illness, physical problem, loss, claim or any direct, indirect , incidental, punitive, special or consequential damages of any kind, including, but not limited to, lost profits, lost revenue, lost savings, lost data, replacement costs or similar damages (including, without limitation, contract, tort), any other claim relating to the use of the services or products, including, but not limited to, strict liability or other errors arising out of your use of the services or products procured using the services, or any loss or damage of any kind arising out of the omission of content, use of the services or use of any content (or products) posted, transmitted or made available through the services.
In no event shall we be liable for any recommendations, health claims, statements or other advice or information provided on the website or in any other form of communication.
Due to some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability in such states or jurisdictions shall be limited to the maximum extent permitted by law.
11.3. If you are dissatisfied with Curmark.com, the materials, products or services displayed on Curmark.com, or the terms and conditions of Curmark.com your exclusive remedy is to discontinue using Curmark.com.
12. Intellectual Property
12.1. for the purposes of these Terms, intellectual property rights means trademarks, copyrights, domain names, database rights, design rights, patents and all other intellectual property rights, whether registered or not (“Intellectual Property”).
12.2. All Intellectual Property displayed on Curmark.com or otherwise provided to you is protected by law.
You may not copy, repurpose or distribute any Intellectual Property or other content, including product descriptions, received from us or found on Curmark.com for any purpose without our express written permission.
For example, you may not copy product information to another website or app.
Without limiting the foregoing, you are prohibited from using our content for commercial purposes unless you have our express written permission.
12.3. Except for any third party trademarks, service marks or other materials we use, all intellectual property displayed on Curmark.com or otherwise provided to you belongs to us.
You may not use such intellectual property without the prior written consent of us or the third party to whom such intellectual property belongs.
13. Governing Law and Disputes
13.1. These Terms and the entire legal relation between you and us shall be subject to the law of Illinois except when consumer laws would set a specific applicable law or jurisdiction.
13.2. If you have a complaint, please contact our support team before filing a formal complaint with authorities or third parties.
You can contact us at any time by filling out our online contact form at https://www.curmark.com/contact-us/.
We will always do our best to resolve your complaint as quickly as possible and in a manner that is most favorable to you.
14. Miscellaneous
14.1. If any provision of these Terms is found to be unlawful, void or unenforceable, such provision shall be enforced to the maximum extent permitted by applicable law, the unenforceable portion shall be deemed severed from these Terms of Service, and that decision shall apply below.
The validity and enforceability of the remaining provisions shall not be affected.
14.2. You may review the most current version of the TOS at any time on this page.
We reserve the right, in our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes on our website.
14.3. These Terms and the Privacy Policy (as amended and revised from time to time in accordance with these Terms) together constitute the entire agreement between you and us.
14. Miscellaneous
14.1. If any provision of these Terms is found to be unlawful, void or unenforceable, such provision shall be enforced to the maximum extent permitted by applicable law, the unenforceable portion shall be deemed severed from these Terms of Service, and that decision shall apply below.
The validity and enforceability of the remaining provisions shall not be affected.
14.2. You may review the most current version of the TOS at any time on this page.
We reserve the right, in our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes on our website.
14.3. These Terms and the Privacy Policy (as amended and revised from time to time in accordance with these Terms) together constitute the entire agreement between you and us.
15. Contact Information
You can contact us at the following details.
Andrew Shockey
Monday-Friday/9:00 AM-5:00 PM (CST)