Use of the Website

This website (the “Site”) is owned and operated by Sleep Country Canada Inc. (the “Company”, “we”, “us” or “our”) for your personal and non-commercial use and information.

Your use of the Site is subject to these terms and conditions of use and sale (the “Terms”), together with all applicable laws. By accessing, browsing or using the Site, placing an order, creating an account or otherwise interacting with the Site, you accept these Terms without limitation or qualification. If you do not agree with these Terms, please do not use the Site.

The Company reserves the right to change, modify, alter, add, remove or otherwise update these Terms, or any portion of them, at any time and from time to time at the Company’s sole discretion. We will notify you of changes by posting the updated Terms on the Site. Your continued use of the Site following the posting of any changes constitutes your acceptance of the updated Terms.

The products and services available through the Site (the “Product” or “Products”) may be ordered by persons who reside in Canada. The Site is not intended for access or use outside Canada. You are responsible for ensuring that your access to the Site and the information and materials available on or through it are legal in each jurisdiction in or through which you access or view the Site.

PLEASE READ THESE TERMS CAREFULLY. THEY INCLUDE PROVISIONS SUCH AS LIMITATIONS OF LIABILITY, DISCLAIMERS, DISPUTE RESOLUTION TERMS AND OTHER PROVISIONS THAT MAY LIMIT YOUR RIGHTS.

Acceptable Use Policy

As a condition of your use of the Site, you represent and warrant that you:

• will only use the Site for lawful purposes and in accordance with these Terms and our Privacy Policy;
• will provide accurate, current and complete information where required;
• will be responsible for the information you provide to us;
• will honour our intellectual property rights and the rights of third parties;
• will not create a link to the Site, other than a personal bookmark or favourite, without our prior written permission;
• will not use profane, vulgar, inflammatory, defamatory, abusive, fraudulent or similarly inappropriate language in any communication submitted through the Site;
• will not introduce or upload viruses, malware, corrupted files or other harmful code;
• will not interfere or attempt to interfere with the operation, security or functionality of the Site; and
• will not use the Site for spamming, hacking, scraping, data mining, automated access or any other unauthorized purpose.

Privacy

Our privacy practices are explained in our Privacy Policy, the terms of which are incorporated into these Terms by reference. By using the Site, you acknowledge that you have read our Privacy Policy.

No Use by Minors

The Site is intended for use by adults only. If you use the Site to purchase Products, you represent that you are of legal age in your province or territory of residence to enter into a purchase agreement and be bound by its terms.

If you are under the age of majority in the jurisdiction in which you reside, your parent or guardian should use the Site on your behalf, and you should not use the Site on your own or provide personal information to the Company.

Product Purchases and User Accounts

If you create an account or register on the Site, you are responsible for maintaining the confidentiality of your account login details and password, restricting access to your device and account, and accepting responsibility for all activities that occur under your account or password.

The Company reserves the right to refuse service, terminate accounts, restrict access, limit quantities, cancel orders or remove or edit content at its sole discretion, subject to applicable law.

Product Information and Availability

Products available for purchase from the Site are available for sale and distribution to customers in Canada only.

The Company attempts to be as accurate as possible in describing Products available through the Site. However, the Company does not warrant that Product descriptions, images, specifications, prices, availability, promotional offers or other Site content are accurate, complete, reliable, current or error-free.

Product images are provided for illustrative purposes only. The colour, appearance, packaging or presentation of Products may vary depending on your device, screen settings, manufacturing changes or availability.

The availability of Products may be limited, and Products may not be available for immediate sale or delivery. The Company may revise, discontinue or cease to make available any Product at any time without prior notice.

If the Company is unable to deliver a Product you ordered due to lack of availability or another issue, we may notify you by email or other contact method and may cancel your order for the unavailable Product. Where your payment has already been processed for a cancelled Product, the Company will issue a refund for the cancelled Product.

Products Sold on the Site

The Site is intended for the sale of Simba pillows and related pillow or sleep accessories made available on the Site from time to time. Unless expressly stated otherwise on the Site, mattress-specific sleep trials, mattress guarantees, mattress exchange policies or mattress return policies do not apply to Products purchased through this Site.

Product Orders

Before submitting an order through the Site, you will be shown an order confirmation screen or checkout summary describing, among other things, the Product or Products to be ordered, the purchase price, shipping charges, taxes and any other applicable charges.

When you submit your order, your order constitutes an offer to the Company to purchase the Product or Products described in the checkout summary, for the price and subject to the charges, terms and conditions set out at checkout and in these Terms.

Orders are not binding on the Company until accepted by the Company. The Company’s acceptance of your order is evidenced by an email or other confirmation from the Company indicating that your order has been accepted.

THE SITE AND ITS CONTENTS ARE NOT TO BE CONSTRUED AS AN OFFER TO SELL ANY PRODUCT OR SERVICE.

Product Pricing

All prices and Product orders are quoted and processed in Canadian dollars unless expressly stated otherwise.

Although the Company strives to provide accurate Product and pricing information, errors may occur. The Company reserves the right to correct errors in pricing, Product information, promotions, availability, shipping charges or taxes, and to modify Product prices at any time without prior notice.

The Company cannot confirm the final price of a Product until after you submit your order. If the price or related information for a Product is incorrect due to an error, the Company may refuse or cancel your order, whether before or after acceptance. If payment has already been processed, the Company will issue a refund for the cancelled order or Product.

Consent to Use Electronic Documents

You consent to the exchange of information and documents between you and the Company over the internet, by email, through the Site, or by other electronic means. You agree that these Terms, together with any order confirmation accepted by the Company in electronic form, are the equivalent of an original written paper agreement between you and the Company.

You further agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Cancellation

The Company reserves the right, in its sole discretion, to limit quantities and refuse or cancel any order, including after the order has been submitted, confirmed or accepted and whether or not your payment has been processed.

If your order is cancelled after your payment has been processed, the Company will issue a refund for the cancelled order or Product.

Payment Terms

Terms of payment for Products purchased through the Site shall be determined at the Company’s sole discretion.

Payment may be made by the payment methods made available at checkout from time to time. These may include credit card, PayPal, financing or instalment payment options such as Flexiti, or other payment methods supported by the Site.

Payments are subject to approval by the applicable payment provider, financing provider, card issuer or financial institution. The Company is not responsible for any refusal, delay, error or issue caused by a third-party payment or financing provider.

If you choose to use a third-party payment, financing or instalment provider, your use of that provider’s services may be subject to additional terms, conditions, eligibility requirements, credit checks, fees, privacy policies or agreements between you and that provider.

Shipping and Taxes

The Company will ship the Product or Products ordered by you according to the delivery method available for your order and to the address provided in the order confirmation.

Delivery times provided by the Company are estimates only. The Company is not responsible for damages, costs or losses resulting from delays in delivery, subject to applicable law.

Unless otherwise stated, Product prices do not include shipping and handling charges or applicable federal, provincial or other sales taxes. Separate charges for shipping, handling and taxes will be shown at checkout, as applicable.

Canadian customers are responsible for all applicable sales, use, goods and services, harmonized sales and other taxes and duties associated with their order.

Ownership and Risk of Loss

Products purchased from the Company may be delivered by a third-party delivery company or courier. Unless otherwise required by applicable law, you become the owner of the Product and assume the risk of loss when the Product is delivered to the delivery address provided in your order.

Returns and 30-Night Trial

Returns are subject to the Company’s return policy and any Product-specific return terms stated on the Site, which are incorporated into these Terms by reference.

Unless otherwise stated on the Site, eligible pillows purchased through the Site may be returned within thirty (30) nights from the date of delivery, subject to the conditions below.

To be eligible for a return, you must contact customer service within the applicable return period and follow the return instructions provided. The Product must be returned with any required proof of purchase, accessories, packaging, labels or other materials reasonably requested by the Company.

For hygiene and safety reasons, the Company may refuse returns that do not comply with the applicable return policy, are damaged through misuse, are missing required materials, are not purchased from the Site or an authorized channel, or otherwise fall outside the stated return conditions.

Refunds, where approved, will be processed to the original payment method where reasonably possible. Shipping, handling, delivery, return shipping, financing charges or other fees may be non-refundable unless otherwise stated or required by applicable law.

Any 30-night trial, return right or satisfaction guarantee applies only to eligible Products expressly covered by that offer. Mattress-specific 100-night trials do not apply to pillows or related Products sold through this Site unless expressly stated otherwise.

3-Year Limited Pillow Guarantee

Eligible Simba pillows purchased through the Site may be covered by a three (3) year limited guarantee against defects in materials or workmanship, beginning on the date of delivery, subject to the guarantee terms stated on the Site and any exclusions below.

The guarantee applies only to the original purchaser and only to Products purchased from the Site or another authorized sales channel. Proof of purchase may be required.

The guarantee does not cover normal wear and tear, comfort preference, misuse, abuse, accidental damage, improper care, improper washing or drying, stains, odours, mould, exposure to unsanitary conditions, commercial use, unauthorized repairs or alterations, damage caused by pets, or any issue not caused by a defect in materials or workmanship.

If the Company determines that a valid guarantee claim exists, the Company may, at its discretion and subject to applicable law, repair the Product, replace the Product with the same or a comparable Product, or provide another remedy determined by the Company.

This limited guarantee is in addition to any rights you may have under applicable consumer protection laws.

Exclusion and Disclaimer of Warranties

THE COMPANY MAKES NO REPRESENTATION OR WARRANTY REGARDING THE FUNCTIONALITY, GOOD WORKING ORDER OR CONDITION OF THE SITE, ITS SUITABILITY FOR USE, OR THAT USE OF THE SITE OR ANY INFORMATION, MATERIAL OR SOFTWARE ACCESSED FROM OR THROUGH THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. THE COMPANY DOES NOT REPRESENT, WARRANT OR UNDERTAKE THAT ANY ERRORS ON OR RELATING TO THE SITE WILL BE CORRECTED, OR THAT ANY SERVER FROM WHICH THE SITE IS OPERATED IS OR WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS OR REQUIRED BY APPLICABLE LAW, THE SITE AND ALL MATERIALS, PRODUCTS AND INFORMATION PROVIDED THROUGH OR ON THE SITE ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. THE COMPANY DOES NOT MAKE OR GIVE ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, STATUTORY OR OTHERWISE, INCLUDING ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY, TITLE, DURABILITY, SUITABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.

BECAUSE CERTAIN FEDERAL OR PROVINCIAL LAWS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

THIS SECTION SHALL SURVIVE THE TERMINATION OR EXPIRY OF THESE TERMS.

Indemnification

By using the Site, you agree to indemnify, defend and hold harmless the Company and its directors, officers, employees, agents, mandataries, contractors, licensors, licensees and third-party suppliers from and against any losses, damages, liabilities, claims, fees, costs and expenses, including reasonable legal fees, arising out of, based upon or resulting from your use of the Site, your breach of these Terms, your violation of applicable law, or your violation of the rights of any third party.

The Company reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you. You shall not settle any such matter without the written consent of the Company.

THIS SECTION SHALL SURVIVE THE TERMINATION OR EXPIRY OF THESE TERMS.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, MANDATARIES, CONTRACTORS OR THIRD-PARTY SUPPLIERS BE LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL, INCLUDING LOST DATA, LOST PROFITS, LOST SAVINGS, LOSS OF GOODWILL, LOST BUSINESS, LOSS OF USE OR LACK OF AVAILABILITY OF FACILITIES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE, THE MATERIALS OR INFORMATION PROVIDED THROUGH THE SITE, THE PRODUCTS, OR TRANSACTIONS CONDUCTED ON OR THROUGH THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.

IN PARTICULAR, AND WITHOUT LIMITING THE PRECEDING PARAGRAPH, THE COMPANY WILL NOT BE LIABLE FOR DAMAGES OR LOSSES RESULTING FROM VIRUSES, DATA CORRUPTION, FAILED MESSAGES, TRANSMISSION ERRORS, TELECOMMUNICATIONS SERVICE PROVIDERS, THIRD-PARTY SUPPLIERS, PAYMENT PROVIDERS, FINANCING PROVIDERS, DELIVERY PROVIDERS, THE INTERNET, EVENTS BEYOND THE REASONABLE CONTROL OF THE COMPANY, OR DAMAGES OR LOSSES CAUSED BY YOU.

IF, DESPITE THE LIMITATIONS ABOVE, THE COMPANY IS FOUND LIABLE FOR ANY DAMAGE OR LOSS IN CONNECTION WITH THE SITE OR PRODUCTS, THE COMPANY’S TOTAL LIABILITY SHALL NOT EXCEED, IN THE AGGREGATE, THE LESSER OF $100 OR THE AMOUNT PAID BY YOU FOR THE SPECIFIC PRODUCT PURCHASED BY YOU TO WHICH THE CLAIM RELATES.

IF YOU ARE DISSATISFIED WITH THESE TERMS OR THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

CERTAIN FEDERAL OR PROVINCIAL LAWS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

THIS SECTION SHALL SURVIVE THE TERMINATION OR EXPIRY OF THESE TERMS.

Copyrights and Trademarks

Material on the Site, including text, images, illustrations, articles, photographs, graphics, logos, icons, audio clips, video clips, software and other content, is owned by or licensed to the Company or its licensors and is protected by copyright, trademark and other intellectual property laws in Canada and other jurisdictions.

The Company is the owner or authorized user of the copyright in the Site and its content. The material on the Site may not be copied, reproduced, republished, downloaded, posted, transmitted, distributed, modified or used, in whole or in part, without the prior written consent of the Company, except as expressly permitted in these Terms.

Trademarks, logos and service marks displayed on the Site are registered or unregistered trademarks of the Company, Company Affiliates or third parties and may not be used without the written permission of the owner of such marks.

The Company authorizes you to make one electronic or paper copy of information posted on the Site solely for non-commercial, personal purposes, provided that any copy includes all copyright, trademark and proprietary notices contained on the original page.

This permission does not include resale of the Site or its contents, collection or use of Product listings, descriptions or prices, derivative use of the Site or its contents, downloading or copying information for the benefit of any merchant, or use of data mining, robots, scraping or similar data-gathering tools.

Your Material

The Company is not responsible for any text, image, video, audio, review, comment, feedback, idea, suggestion, information, content or other material that you introduce, submit, upload, post or provide through the Site, social media or other channels (collectively, “Your Material”).

You acknowledge and agree that Your Material does not necessarily reflect the views, ideas or opinions of the Company. You agree not to submit or post Your Material that is defamatory, libellous, slanderous, obscene, abusive, fraudulent, unlawful, infringing, hateful, threatening, invasive of privacy, or otherwise objectionable.

You represent and warrant that you own or have the necessary rights to provide Your Material and that the Company’s use of Your Material as permitted by these Terms and our Privacy Policy will not infringe the rights of any person or entity.

The Company reserves the right to edit, alter, remove or delete Your Material at any time without prior notice.

Use of Your Material by Us

By submitting, uploading, posting or otherwise providing Your Material, you grant the Company a worldwide, perpetual, irrevocable, unrestricted, non-exclusive, royalty-free licence to use, copy, reproduce, adapt, modify, publish, translate, distribute, display, perform, transmit, sublicense and otherwise exploit Your Material in any media now known or later developed, including for commercial, promotional and advertising purposes, subject to applicable law and our Privacy Policy.

You waive any moral rights, rights of attribution, rights of integrity, rights of inspection or approval, and any right to compensation in connection with the Company’s use of Your Material, to the extent permitted by applicable law.

You understand that the Company is under no obligation to use Your Material.

Confidentiality of Material Transmitted

Other than account information and information needed to process orders, the Company does not wish to receive confidential, secret or proprietary information from you through the Site, by email or otherwise.

You acknowledge that unprotected email communications and other transmissions over the internet may not be confidential and may be subject to interception, alteration or loss. By submitting communications to the Company or the Site, no confidential, fiduciary, contractually implied or other relationship is created between you and the Company other than pursuant to these Terms.

Monitoring

The Company may monitor access to the Site and activities in relation to the Site and may intervene where it considers appropriate. However, the Company has no obligation to monitor the Site and makes no representation or warranty that it will do so.

Links to Other Websites

Links and references to other websites, platforms or services are provided for convenience only. The Company has not reviewed and does not expressly or implicitly endorse such websites, platforms or services, or any information, material, products or services available through them.

The Company is not responsible for third-party websites, platforms, services, information, materials, products, policies or practices. Your use of third-party websites, platforms or services is at your own risk and may be subject to separate terms and privacy policies.

You may not create links from other websites to the Site unless expressly permitted by the Company in writing.

Modification of Site; Reservation of Rights

The Company may, for any reason and at its sole discretion, without notice to you, terminate, change, suspend or discontinue the Site or any aspect of it, including any Site content, features, functionality, Products or hours of availability. The Company will not be liable to you or any third party for doing so.

The Company may also impose rules for and limits on use of the Site or restrict your access to part or all of the Site without notice or liability.

All rights not expressly granted in these Terms are reserved to the Company.

Governing Law

The Site is controlled and operated by the Company from Ontario, Canada. These Terms, the Site, any use of the Site and any transaction conducted on or through it shall be governed by the laws of the Province of Ontario and the laws of Canada applicable therein, without reference to principles of conflict of laws.

Dispute Resolution

You acknowledge and agree that any dispute that may arise between you and the Company in respect of these Terms, the Site or the transactions contemplated herein shall be resolved by the provincial and federal courts and tribunals sitting in the Province of Ontario, and you irrevocably submit and attorn to the personal and exclusive jurisdiction and venue of those courts and tribunals, subject to any rights you may have under applicable consumer protection laws.

Jurisdiction

The Company makes no representation that materials, information or Products provided on or through the Site are appropriate or available for use in locations or jurisdictions other than Canada. Those who choose to access the Site from other locations or jurisdictions do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws apply.

Cookies

The Company may use cookies and similar technologies to track preferences and activities on the Site. Cookies are small data files transferred to your browser or device by a website. They may help remember preferences, maintain cart and checkout functionality, understand Site usage, improve performance and support marketing or analytics activities.

Most browsers are designed to accept cookies, but they can usually be modified to block cookies or notify you when cookies are being used. Please see your browser’s help files for details. If you block or disable cookies, some Site functions may not be available and parts of the Site may not work properly.

For more information about our privacy practices, please see our Privacy Policy.

No Waiver

The failure of the Company to enforce any provision of these Terms or to respond to a breach or default by you or any third party shall not waive the Company’s right to subsequently enforce any provision of these Terms or act with respect to similar breaches or defaults.

Severability

If any provision of these Terms is deemed invalid, void or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

Entire Agreement

These Terms, together with all other agreements, terms, policies or conditions incorporated or referred to herein, constitute the entire agreement between you and the Company with respect to your use of the Site and any transaction conducted on or through the Site, and supersede any prior understandings or agreements, whether electronic, oral or written, regarding the subject matter hereof.

No Assignment

You may not assign your rights or obligations under these Terms without the express written consent of the Company.

Enurement

These Terms shall enure to the benefit of and be binding upon you and the Company and each of our respective successors and permitted assigns.

Termination

The Company reserves the right, at its sole discretion, to terminate your access to all or any part of the Site, with or without notice.

Headings

The headings used in these Terms are inserted for convenience of reference only and do not affect the construction or interpretation of these Terms.

Language

Une version française des Modalités est disponible ici.

A French version of the Terms is available here.

Contacting Us

For customer service or general enquiries, please contact us:

• By email: cs@support.simbasleep.ca
• By phone: 1-888-891-2885
• By post: Sleep Country Canada Inc., 7920 Airport Road, Brampton, Ontario, Canada, L6T 4N8

Last updated: June 8, 2026