Legal

 

LAST UPDATED 7/1/2026

BY PURCHASING AND/OR COMPLETING CHECKOUT WITH PRODUCTS ON PEACHSKINSHEETS.COM OR AT ANY OF OUR SPONSORED EVENTS INCLUDING THIRD PARTY, YOU AGREE TO THESE CONDITIONS:

DISCLAIMER

While The Original PeachSkinSheets® uses reasonable efforts to include accurate and up-to-date information on this web site, The Original PeachSkinSheets® makes no warranties or representations as to its accuracy. The Original PeachSkinSheets® assumes no liability or responsibility for any typographical, technical or other errors or omissions in the content on this site. In the event that a product is listed at an incorrect price or with other incorrect information due to a typographical, technical (including promotional codes) or other error, The Original PeachSkinSheets® shall have the right to refuse or cancel any orders at its sole discretion.  This right also includes orders placed for suspected fraudulent orders and excessive abuse of the order/exchange/return process as determined by our order department.  The Original PeachSkinSheets® shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and/or your credit card has been charged. If your credit card has already been charged for the purchase and your order is canceled, The Original PeachSkinSheets® shall issue a credit to your credit card account in the amount of the charge.  If a product offered by The Original PeachSkinSheets® is not as described, your sole remedy is to return it to The Original PeachSkinSheets® for a refund under our refund guidelines.  In the event of excessive abuse of the order/exchange/return process (as determined by our order department), we reserve the right to refund the purchase rather than send replacement parts. 

LIMITATION OF LIABILITY

The Original PeachSkinSheets® and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics and/or software published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind and are subject to change without notice. The entire risk arising out of their use remains with the recipient. In no event shall The Original PeachSkinSheets® and/or its respective suppliers be liable for any direct, consequential, incidental, special, punitive or other damages whatsoever, even if The Original PeachSkinSheets® has been advised of the possibility of such damages.

TRADEMARKS

The Original PeachSkinSheets® and the names of The Original PeachSkinSheets® products and services referenced herein are either trademarks and/or service marks or registered trademarks and/or service marks of The Original PeachSkinSheets® .

LINKS TO THIRD-PARTY SITES

Linked sites are not under the control of The Original PeachSkinSheets® and The Original PeachSkinSheets®  is not responsible for the contents of any linked site or any link contained in a linked site. The Original PeachSkinSheets® provides links to you only as a convenience, and the inclusion of any link does not imply endorsement by The Original PeachSkinSheets® of the site.

PROMOTIONS

All promotions are subject to availability and inventory. The Original PeachSkinSheets® reserves the right to change, alter, or cancel promotions at any time without notice.

DISPUTE RESOLUTION; MANDATORY BINDING ARBITRATION; CLASS ACTION WAIVER

**PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JUDGE OR JURY HEAR YOUR CLAIMS. IT CONTAINS A MANDATORY, BINDING ARBITRATION AGREEMENT AND A CLASS ACTION WAIVER. YOU MAY OPT OUT OF THE ARBITRATION AGREEMENT AS DESCRIBED IN SECTION (10) BELOW.**

1) Scope

This Section applies to any dispute, claim, or controversy (a "**Claim**") arising out of or relating to: (i) your access to or use of peachskinsheets.com or any related site, app, or service (the "**Site**"); (ii) any product, bedding, or service purchased, received, marketed, or advertised on or through the Site; (iii) the pricing, discounting, or display of items on the Site; or (iv) these Terms of Service. This Section applies to Claims arising from your use of the Site and any purchases made on or after the effective date of this Agreement, and to any ongoing or future dispute regardless of when the underlying conduct occurred, to the fullest extent permitted by applicable law. It binds Peach Skin Sheets, L.L.C. and its affiliates, parents, subsidiaries, predecessors, successors, and assigns, and their respective officers, directors, employees, contractors, and agents (collectively, the "**Released Parties**"). This Section does not apply to: (a) Claims by Peach Skin Sheets for infringement or misuse of its intellectual property; (b) Claims that qualify for small claims court and are brought there on an individual basis; (c) residents of jurisdictions where pre-dispute arbitration agreements of this kind are unenforceable under applicable law, to the extent such law applies; or (d) to the extent a Claim asserts breach of a written warranty under the Magnuson-Moss Warranty Act, 15 U.S.C. 2301 et seq., and applicable law in the jurisdiction governing that Claim holds such a Claim is not subject to pre-dispute binding arbitration, in which case that Claim alone may proceed in the courts identified in Section(11), while any remaining Claims shall proceed in arbitration under this Section. 

2) Informal Dispute Resolution (Condition Precedent)

Before initiating arbitration, you and Peach Skin Sheets each agree to first attempt in good faith to resolve the dispute informally. The party asserting a Claim must send a written "**Notice of Dispute**" to the other party. Your Notice of Dispute must be sent by email to legal@peachskinsheets.com or by mail to Peach Skin Sheets LLC, 1225 Old Alpharetta Road Suite 295, Alpharetta, Georgia 30005, and must include: (1) your full name; (2) your mailing address and the email address associated with your order; (3) your order number(s), if applicable; (4) a written description of the Claim, including any supporting documentation in your possession or reasonably available to you; and (5) the specific relief sought, including a calculation of any damages claimed. Peach Skin Sheets' Notice of Dispute to you will be sent to the contact information on file for your account. Within 60 days of receipt of a complete Notice of Dispute, the parties agree to make a good-faith effort to resolve the Claim directly, including through a telephone or video conference if requested by either party. Each Notice of Dispute may address only a single individual's Claim(s); disputes belonging to different individuals may not be combined into one Notice. The 60-day period set out in this Section (2) governs regardless of any different response deadline stated or demanded in a Notice of Dispute, and no such alternative deadline shortens or otherwise modifies this Section. Compliance with this informal process is a mandatory condition precedent to filing any arbitration demand or lawsuit. If this requirement is not satisfied, a court of competent jurisdiction may enjoin the filing or prosecution of the arbitration, and no arbitration administrator is authorized to accept or administer a demand filed in violation of this Section.

3) Agreement to Arbitrate

If a Claim is not resolved within 60 days under Section (2), the Claim shall be resolved exclusively by final, binding, individual arbitration rather than in court, except as set out in Section (1). Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court proceedings, and is subject to limited court review. An arbitrator can award the same damages and relief that a court could award, on an individual basis. This arbitration agreement is governed by the Federal Arbitration Act ("**FAA**"), and not by state arbitration law, to the exclusion of any inconsistent state or municipal law. You and Peach Skin Sheets acknowledge that these Terms evidence a transaction in interstate commerce. **You understand and agree that by accepting this arbitration agreement, both you and Peach Skin Sheets are each giving up the right to sue the other in court and to have a judge or jury decide the Claim, and are instead agreeing that the Claim will be decided by a neutral arbitrator as described in this Section.** This waiver is mutual: it applies equally to Claims Peach Skin Sheets may bring against you and to Claims you may bring against Peach Skin Sheets, and neither party retains a right to go to court that the other does not also have, except as expressly set out in Section (1) or Section(10). Your agreement to this waiver is knowing and voluntary; if you do not wish to give up these rights, you may decline this arbitration agreement by exercising the opt-out right described in Section (10). 

4) Arbitration Procedure

Arbitration will be administered by the American Arbitration Association ("**AAA**") under its Consumer Arbitration Rules (or, for disputes brought by a business or non-individual, its Commercial Arbitration Rules), as modified by this Agreement. AAA rules and filing forms are available at www.adr.org or by calling 1-800-778-7879. If the AAA is unavailable or declines to administer the arbitration, the parties will mutually select a comparable alternative provider (such as JAMS). The arbitration will be conducted by a single arbitrator, in the English language. The seat of arbitration will be Forsyth County, Georgia; however, if you are an individual, you may elect to have the hearing conducted by telephone, based on written submissions, remotely by videoconference, or in person in the county where you reside, at Peach Skin Sheets' reasonable discretion regarding feasibility. The arbitrator must follow and enforce these Terms as a court would and may award any relief that would be available in an individual court action, including injunctive or declaratory relief limited to what is necessary to satisfy the individual claimant's own Claim. Except as set out in Section (6), the arbitrator and not any court has exclusive authority to resolve disputes regarding the interpretation, applicability, formation, or enforceability of this arbitration agreement, including any claim that all or part of it is void or voidable. 

5) Fees and Costs

Payment of filing, administrative, and arbitrator fees will be governed by the applicable AAA rules. If you are an individual acting in a personal (non-business) capacity, Peach Skin Sheets will pay your portion of the AAA filing and arbitrator fees for Claims under $10,000, unless the arbitrator determines the Claim is frivolous or brought for an improper purpose. Peach Skin Sheets will not seek its attorneys' fees or costs in arbitration unless the arbitrator determines your Claim was frivolous. For Claims of $10,000 or more, or Claims brought by a business, arbitration costs and reasonable attorneys' fees will be borne by the unsuccessful party or allocated between the parties as the arbitrator determines to be equitable.

6) Confidentiality

The arbitration, and any related filings, evidence, and awards, shall be treated as confidential by both parties, except to the extent disclosure is required by law, requested by a regulator, or necessary to enforce or appeal the award.

7) Class Action and Jury Trial Waiver

**YOU AND PEACH SKIN SHEETS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, REPRESENTATIVE, OR MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING, INCLUDING ANY PRIVATE ATTORNEY GENERAL ACTION.** Unless you and Peach Skin Sheets agree otherwise in writing, the arbitrator may not consolidate or join more than one person's Claims and may not otherwise preside over any form of class, collective, or representative proceeding, and any relief awarded may not affect other Peach Skin Sheets customers. **TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND PEACH SKIN SHEETS EACH WAIVE THE RIGHT TO A TRIAL BY JURY.** Any challenge to the validity or enforceability of this Class Action Waiver may be raised only in a court of competent jurisdiction, and not by an arbitrator. If a court determines this Class Action Waiver is unenforceable as to a particular Claim or request for relief, then that specific Claim or request shall be severed and may proceed only in court, while all remaining Claims subject to arbitration shall be compelled to arbitration on an individual basis. **California Public Injunctive Relief.** Notwithstanding anything to the contrary in this Section (7), nothing in this Agreement waives, limits, or precludes your right, if any, to seek public injunctive relief under the California Unfair Competition Law, the California Consumers Legal Remedies Act, or the California False Advertising Law, in any forum, to the extent such a waiver is prohibited by applicable California law. If you are entitled to seek such relief, you may pursue it on an individual basis in arbitration under this Section (7), and the arbitrator may award public injunctive relief limited to what is necessary to remedy your individual claim under the relevant statute; this does not permit you to pursue such relief as a representative, private attorney general, or on behalf of a class, and does not entitle you to litigate such a claim in court so long as it can be brought and resolved in arbitration consistent with this paragraph. If a court nonetheless determines that a request for public injunctive relief cannot proceed in arbitration consistent with applicable law, that request alone shall be severed and may proceed in the courts identified in Section (11), while your remaining individual Claims shall proceed in arbitration.

8) Mass Filing Procedure (Bellwether Tranches)

If 25 or more substantially similar arbitration demands are filed against Peach Skin Sheets by or with the coordinated assistance of the same counsel or group of counsel within a 60-day period (a "**Mass Filing**"), the parties agree the following procedure governs in place of ordinary AAA case-management rules for that Mass Filing: - The AAA will select 10 individual demands to proceed first as bellwether cases (5 selected by counsel for the claimants and 5 by Peach Skin Sheets), and all remaining demands within the Mass Filing will be stayed pending the outcome. - No filing, administrative, or arbitrator fees will be assessed on stayed demands until they are selected to proceed. - Following resolution of the initial 10 bellwether arbitrations, the parties will engage in a mandatory mediation of the remaining stayed claims before any further demands are activated. If mediation does not resolve the remaining claims, the process repeats in sequential tranches of 10 until all demands are resolved. - The statute of limitations applicable to any stayed demand is tolled for the duration it remains stayed under this Section. This Section (8) does not limit the Class Action Waiver in Section(7); each claimant's demand remains an individual proceeding.

9) Time Limit on Claims

Regardless of any statute or law to the contrary, any Claim arising out of or relating to these Terms, the Site, or any product or service must be commenced (whether in arbitration or, where permitted, in court) within one (1) year after the Claim accrues, or it is permanently barred. This Section (9) does not apply where a longer limitations period is required by applicable law.

10) Right to Opt Out

You may opt out of this Section's arbitration agreement and class action waiver. To do so, send written notice including your full name, the email address associated with your account or order, and a clear statement that you wish to opt out of arbitration to legal@peachskinsheets.com or by mail to Peach Skin Sheets LLC, 1225 Old Alpharetta Road Suite 295, Alpharetta, Georgia 30005, within thirty (30) days of the later of: (i) your first purchase or use of the Site, or (ii) the date this Agreement is posted or updated on the Site. If you timely opt out, neither you nor Peach Skin Sheets is bound by the arbitration or class-action-waiver provisions of this Section, but all other Terms continue to apply, and any dispute will instead be resolved exclusively in the state or federal courts located in Forsyth County, Georgia, as set out in Section (11). 

11) Governing Law; Venue for Non-Arbitrable Disputes

These Terms and any Claim not subject to arbitration (including small claims actions, IP claims excluded under Section (1), or Claims by opt-out customers under Section (10) are governed by the laws of the State of Georgia, without regard to conflict-of-law principles, and subject to the FAA where arbitration applies. You and Peach Skin Sheets consent to the exclusive jurisdiction and venue of the state and federal courts located in Forsyth County, Georgia for any such Claim, and each party waives any objection to personal jurisdiction or venue there.

12) Severability

If any part of this Section is found unenforceable, that part will be severed and the remainder of this Section will remain in full force, **except** that if the Class Action Waiver in Section (7) is found unenforceable as to the entirety of a Claim (rather than a discrete request for relief), then the arbitration agreement in this Section as to that Claim shall be void, and that Claim may proceed only in the courts identified in Section (11), and not as a class, collective, or representative action. Similarly, if a court finds that a particular Claim is not subject to arbitration under Section (1)(d) (written warranty Claims under the Magnuson-Moss Warranty Act) or Section (7) (California public injunctive relief), that finding affects only the specific Claim or request for relief at issue and shall not be construed to void or otherwise limit the enforceability of this Section as to any other Claim.

13) Survival

This Section survives termination of your account, these Terms, or your relationship with Peach Skin Sheets. 

14) LIMITATION OF LIABILITY

**IN NO EVENT WILL PEACH SKIN SHEETS, L.L.C. OR ITS OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DISTRIBUTORS, OR AFFILIATES BE LIABLE TO ANY USER OF THE SITE OR OUR PRODUCTS OR SERVICES, OR TO ANY OTHER PERSON OR ENTITY, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, LOST DATA, OR LOSS OF USE) ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE SITE OR OUR PRODUCTS OR SERVICES, OR ANY INFORMATION CONTAINED THEREIN, INCLUDING USER-GENERATED CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND EVEN IF PEACH SKIN SHEETS HAS BEEN ADVISED OF, OR SHOULD HAVE KNOWN OF, THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

** You acknowledge and agree that the foregoing limitation on liability applies to all content, products, merchandise, and services made available through the Site or any other channel, including phone and email. Because some jurisdictions do not permit the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions our liability is limited to the fullest extent permitted by applicable law. Notwithstanding the foregoing, if Peach Skin Sheets is found liable to you or any third party for any reason, our total liability is limited to the greater of: (a) the amount actually in dispute, not to exceed the total amount you paid to Peach Skin Sheets in the twelve (12) months immediately preceding the event giving rise to the liability; or (b) One Hundred U.S. Dollars (USD $100). This limitation applies regardless of whether your Claim is resolved in arbitration or, where arbitration does not apply, in the courts identified in Section (11), and is intended to define the outer bound of any damages an arbitrator or court may award under Section (3) or (4)  it does not expand or restrict the arbitrator's authority to determine liability or allocate fault, only the maximum monetary recovery available once liability is established. Nothing in this Section (14) limits liability that cannot be limited or excluded as a matter of Georgia law or other applicable law, such as liability for gross negligence, willful misconduct, or personal injury caused by a defective product, to the extent such limitation is prohibited by law.