Terms and Conditions of Sale
These Terms and Conditions of Sale (“Terms”) govern your purchase and use of products and services from Soft Mattress Shop (the “Site”). By accessing our Site and placing an order, you agree to be bound by these Terms. Please read them carefully. If you do not agree with any part of these Terms, you may not use our Site or purchase our products.
1. General Conditions
By using this Site, you confirm that you are of legal age to form a binding contract and that you are legally capable of entering into agreements. We reserve the right to refuse service, suspend accounts, or cancel orders where we reasonably believe there has been fraudulent activity, misuse of the Site, or a breach of these Terms . You may not reproduce, copy, distribute, sell, or otherwise exploit any part of our Site, products, or services without our prior written consent .
We reserve the right to update, change, or replace any part of these Terms by posting updates on this page. It is your responsibility to check this page periodically for changes. Your continued use of the Site following any changes constitutes acceptance of those changes .
2. Products and Orders
Product Descriptions: We strive to ensure that all product descriptions, images, colors, and specifications on our Site are presented as accurately as possible . However, we do not warrant that product descriptions or prices are accurate, complete, reliable, current, or error-free . Mattress sizes may vary within industry-standard tolerances. Display settings on your device may affect the actual appearance of products, which we cannot guarantee to be perfectly represented .
Order Acceptance: The receipt of an order confirmation email does not constitute acceptance of an order or a confirmation of an offer to sell . We reserve the right to refuse or cancel any order at any time for reasons including but not limited to product availability, errors in product descriptions or pricing, or suspected fraudulent or unauthorized activity .
Product Availability: Some products may be available exclusively through our Site and may be offered in limited quantities. We reserve the right to withdraw or discontinue products at any time without liability .
3. Pricing and Promotions
Prices and product availability displayed on our Site are subject to change without prior notice . All prices displayed are exclusive of applicable taxes and any shipping fees, which will be presented at checkout .
From time to time, we may offer gift codes, promotional codes, or bundle discounts through various promotional activities . These offers are subject to specific restrictions and merchandise exclusions. We reserve the right to cancel any order where a promotion has been applied incorrectly or where we suspect misuse of promotional codes . Promotional offers may not be valid in conjunction with other discounts unless expressly stated . If you return an item purchased with a promotional discount, you will be refunded the price paid during the promotion, not the original price . Bundle discounts and free items included in promotions will be adjusted accordingly upon return .
4. Payment
When placing an order, you may be required to supply certain information relevant to your purchase, including payment details . You represent and warrant that you have the legal right to use the payment method provided and that all information supplied is true, correct, and complete .
All payment information is processed securely using encrypted methods through approved third-party payment processors . We reserve the right to verify information, including contacting your bank or payment provider to validate payment credentials .
5. Shipping and Delivery
When you place an order, products will be shipped to the address you designate during checkout . You are responsible for providing accurate and complete shipping information. We are not responsible for delays, misspellings, incomplete details, or locations unable to receive deliveries .
The risk of loss and title to products transfers to you when we release the product to the carrier for delivery . You are responsible for filing any claims with the carrier for damaged or lost shipments . Estimated delivery times are provided for reference only and are not guaranteed .
For delivery outside our standard service area, please contact customer service for available options. Additional delivery charges may apply depending on your location .
6. Return and Refund Policy
Trial Period: We offer a trial period on select products, beginning on the date of delivery . To initiate a return, you must request it within the applicable trial period and comply with our return procedure . We require a minimum usage period before a return can be initiated . Return requests received after the trial period will not be eligible for a return .
Return Conditions: Products must be returned in accordance with our return policy. We reserve the right to refuse returns of certain products, including final sale, clearance, or customized items . Pickup and removal of returned products must be scheduled within a specified period after the trial period ends .
Refunds: Refunds for eligible returns will be issued to the original payment method, net of any discounts or shipping fees . If you return one or more products from a bundle, the refund will be adjusted based on the discount received . In no event will a free product provided as part of a promotion be eligible for a refund . A processing fee may apply to returns, which will be deducted from your refund .
7. Warranties and Disclaimers
Product Warranties: Products may come with manufacturer warranties as indicated with each product . The warranty period begins from the date of delivery . Warranties cover manufacturing defects in materials and workmanship but do not cover normal wear and tear, damage from misuse, or issues arising from improper handling or use .
Warranty Claims: To file a warranty claim, you will need to provide proof of the manufacturing defect (such as photos) and proof of the original purchase date . We may require an inspection of the product before processing a claim . If a defect is confirmed, we will repair or replace the product in accordance with the warranty terms applicable at the time of purchase .
Disclaimers: To the maximum extent permitted by law, we do not guarantee that access to our Site or services will be uninterrupted, secure, or error-free . All services, website content, and products are provided on an “as is” and “as available” basis, except where otherwise expressly stated . We make no guarantees regarding individual sleep outcomes or comfort preferences . We are not liable for any indirect, incidental, special, or consequential damages arising from the use of our products or website, except as required by law .
8. User Responsibilities and Account Security
When you create an account with us, you must provide accurate, complete, and current information. Failure to do so may result in immediate termination of your account .
You are responsible for safeguarding your password and for all activities under your account, whether with our Service or a third-party service . You agree not to disclose your password to any third party and to notify us immediately upon becoming aware of any breach of security or unauthorized use of your account .
You agree to use our website and services only for lawful purposes and in accordance with all applicable laws and regulations . Prohibited activities include engaging in fraudulent transactions, encouraging illegal conduct, infringing intellectual property rights, transmitting malicious software, and attempting to interfere with the operation, security, or integrity of the Site .
9. Intellectual Property
The Site and its original content, features, and functionality are and will remain the exclusive property of Soft Mattress Shop and its licensors . The Service is protected by copyright, trademark, and other applicable laws . Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent .
You agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate any material from our Site without our written permission .
10. Third-Party Links and Services
Our Site may contain links to third-party websites or services that are not owned or controlled by us . We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services . Any use of third-party services is at your own discretion and risk . You are responsible for reviewing and accepting the terms, conditions, and privacy policies of any third-party provider before using their services .
11. Limitation of Liability
To the fullest extent permitted by applicable law, Soft Mattress Shop and our affiliates, directors, officers, employees, and agents shall not be liable for any direct, indirect, incidental, special, or consequential losses or damages arising from the use of, or inability to use, our website, services, or products . Our maximum liability for any claim related to a product or order is limited to the total purchase price of the product(s) involved .
12. Indemnification
You agree to indemnify, defend, and hold harmless Soft Mattress Shop and our affiliates, directors, officers, employees, agents, and partners from and against any claims, liabilities, damages, losses, costs, or expenses arising from your breach of these Terms, your misuse of the website or services, your violation of any applicable law, or your infringement of the rights of any third party .
13. Governing Law
These Terms and Conditions are governed by and construed in accordance with the applicable laws of the jurisdiction in which Soft Mattress Shop operates, without regard to its conflict of laws principles . Any disputes arising under these terms shall be resolved through binding arbitration or in a court of competent jurisdiction .
14. Severability
If any provision of these Terms is found to be invalid, unlawful, or unenforceable under applicable law, that provision shall be treated as severed from the remaining Terms to the minimum extent necessary. The remainder of the Terms shall continue to remain valid, enforceable, and in full effect .
15. Termination
We reserve the right to suspend, restrict, or terminate your access to our Site or services at any time without notice if we believe you have breached these Terms or engaged in prohibited conduct . Upon termination, your right to use the Site ceases immediately.
16. Contact Information
For questions regarding these Terms and Conditions, or for any other inquiries, please contact Soft Mattress Shop through the contact options provided on our Site.
