TERMS AND CONDITIONS OF SALE
Last Updated: August 11, 2023
Your purchase and use of our Products and Services, which are collectively referred to as “Products” in these Terms and Conditions of Sale, will be governed by the following terms and conditions:
Product Descriptions. We attempt to be as accurate as possible with Products descriptions and prices. However, we do not warrant that Product descriptions or prices are accurate, complete, reliable, current or error-free. Mattress sizes can vary by approximately +/- 1-1.5 inches; this is industry standard. In the event a Product is listed at an incorrect price or with incorrect information due to typographical or other error, we retain the right to refuse or cancel any orders for the affected Products. We have the right to refuse or cancel any such orders even if your order has been confirmed or your credit or debit card has been charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we will promptly issue a credit to your credit or debit card account in the amount of the charge. We apologize for any inconvenience this may cause you.
Product Pricing. The price for Products available for purchase through the Websites will be displayed in U.S. Dollars unless otherwise noted as Canadian Dollars. The prices displayed exclude applicable taxes and any shipping fees, which are displayed at checkout. We reserve the right to change any of the Product prices or fees that we charge, or to institute new or additional fees, at any time upon notice to you.
Order Acceptance. The receipt of an order number or an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. We reserve the right, without prior notification, to limit the order quantity on any item, refuse service to any customer, or require additional information to verify an order. Prices and availability of Products on the Website are subject to change without notice.
Cancellation Policy. Orders may be canceled at any time before the order is packaged for shipment.
Damaged/Defective Product. If a Product arrives damaged, you must notify us within thirty (30) days of the date of delivery. We may ask you to provide additional information about the damaged Product, including a photo of the damaged Product.
Shipping Policy: Our shipping charges vary depending on your location and will be displayed on our Website during the check-out process. When you place an order for a Product through any of our Websites, the Product will be shipped to the address you designate as the "shipping address" during the check-out process. Shipping address changes must be made within 24 hours after the order is placed. If a Product is marked “delivered” but you have not received the Product, you must contact us within 30 days of the date the Product is marked delivered.
Risk of Loss; Title to Products. The risk of loss and title to a Product transfer to you when we release the Product to the carrier (e.g. UPS, FEDEX) that is used to deliver the Product to you. You are responsible for filing any claims with the carrier for damaged or lost shipments.
Payment. We use various third-party payment processors (each, a “Third-Party Payment Processor”) to process your payment. Details on our current Third-Party Payment Processors and accepted payment methods, including financing options, are available on the applicable payment screen when you make a purchase. You warrant and represent that you are the valid owner or an authorized user of the credit card, debit card, or other payment account that you provide to the Third-Party Payment Processor and that all information you provide is complete and accurate. If payment is not received from your credit card or debit card issuer or another payment facility, you hereby agree to pay all amounts due upon demand. You also agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. All transactions on the U.S. Websites will take place in U.S. Dollars and all transactions on the Canadian Websites will take place in Canadian Dollars.
Warranty. We stand behind our Products. For specific warranty information, please see https://brooklynbedding.com/pages/warranty-policy (collectively, the “Product Warranties”). The Product Warranties are incorporated by reference into these Terms and Conditions of Sale. To the extent there is a conflict between any Product Warranty and these Terms and Conditions of Sale, the terms of the applicable Product Warranty apply. If there is an issue with any of your Products, please review the applicable Product Warranty and if you believe you are entitled to take advantage of those terms, please contact us by e-mail at email@example.com.
Returns. Subject to the Return Exceptions and Return Procedure and Conditions set forth below, you may return any Product within the applicable trial period (each, a "Trial Period"), provided that the Product has been used for the required break-in period (if any) and is in the United States (excluding any U.S. territories) or Canada. You can find a summary of our trial policies at https://brooklynbedding.com/pages/return-policy. Return requests received after the applicable Trial Period will not be eligible for return. If a return is requested within the applicable Trial Period, a $99 return fee will be applied. We require pickup and removal of the mattress within 45 days after the Trial Period by an approved vendor. Your failure to schedule a pickup within 45 days will void your eligibility to return the Product. We will not reimburse you for return shipping, removal, or other costs incurred without our express written consent.
Return Exceptions. Any Product that is marked as “Final Sale,” "Clearance," or “Factory Clearance,” may not be returned or exchanged, except in the event of a defect as defined in the applicable Product Warranty.
Refunds: Refunds for Products eligible for return will be issued in the form of the original payment, net of any discount, gift code and shipping fees. If you make a purchase that includes multiple Products as part of a bundle or with a promotional discount, and you return all Products in the bundle, you will be refunded the entire amount paid less any discount, offer code or shipping fees. If you return one or more Products from a bundle, and the discount you received is greater than the price of the Product(s) you wish to return, then you will not receive a refund. If you return one or more Products from a bundle, and the discount you received is less than the price of the Product(s) you wish to return, you will be refunded the price of the Product(s) you wish to return less the discounted amount. In no event will a Product provided for free as part of a bundle or promotional discount be eligible for a refund.
Gift and Offer Codes. From time to time, we may offer qualified consumers "gift codes", "offer codes", or "bundle discounts" through a variety of promotional activities and communications (collectively referred to herein as "Offer Codes") that are redeemable towards a purchase on our Websites, while supplies last, and subject to certain merchandise exclusions or any other restrictions as may be determined and communicated by us in our sole discretion. Please note that Offer Codes may not be valid on purchases made through certain third-party lending services. Please check with the third-party lending service about the validity of Offer
Codes before making purchases using Offer Codes. We are not responsible or liable if the third-party lending services do not honor the Offer Codes.
Spokespeople. From time to time, we may also engage third-third party spokespersons, influencers, bloggers, or other individuals or entities who have been compensated or incentivized to speak on behalf of our brand(s). When you receive an Offer Code via a third-party source, please note that such individuals may have been compensated by us for their statements.
Contests and Eligibility. We may run contests from time to time. No purchase is required. You can enter any contest by submitting the required material. Contest rules and requirements may be altered at any time at our discretion. If you have any additional questions, please email firstname.lastname@example.org.
Brooklyn Bedding terms and condition of use.
The information contained in this Site, including but not limited to the rules that govern the use of the Site, is subject to change without notice. Your use of the Site following any such change constitutes your agreement to follow and be bound by the rules as changed.
COPYRIGHTS AND TRADEMARKS
This website and its contents are intended for your personal use. Unless otherwise noted, all content on this site, including text, graphics, logos, button icons, images, audio clips, and software, is the property of Brooklyn Bedding and protected by United States and international copyright laws. All software used on this site is the property of Brooklyn Bedding and protected by United States and international copyright laws. Third Party content providers also own copyrights in the content original to it. You may not modify, publish, adapt, transmit, participate in the transfer or sale, exhibit, distribute, display, reverse engineer, recompile, dissemble, perform, reproduce, create derivative works from, or in any way exploit any of the site content, on this site, in whole or in part. You may download or copy one copy of the site content for personal, noncommercial use only, provided that no changes in or deletion of author attribution, trademark, legend, copyright notice, or other proprietary notices shall be made. Downloading or copying site content for other than personal, noncommercial use is expressly prohibited without the prior written permission of us or any other copyright owner. You acknowledge that you do not acquire any ownership rights by downloading or copying any of the product listings, descriptions, or prices, nor may you frame or utilize framing techniques to enclose any trademark, logo, or copyrighted material from the site or use any meta tags or any other hidden text utilizing our names or trademarks, without our express written consent.You shall be solely responsible and liable for any and all damages resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any uploading, posting or submission of your content on the Site.The Brooklyn Bedding website and logo are service marks of Brooklyn Bedding, LLC. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
OUR ELECTRONIC COMMUNICATIONS TO YOU
You agree to receive communications from us electronically. We will communicate with you by e-mail. You 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.
The receipt of an order number or an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Brooklyn Bedding reserves the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any customer. Verification of information may be required prior to the acceptance of any order. Prices and availability of products on the Site are subject to change without notice.
Brooklyn Bedding and its affiliates attempt to be as accurate as possible. However, we do not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. *Mattress sizes can vary by size approximately +/- 1-1.5″ inches. This is industry standard.
Errors will be corrected when discovered, and Brooklyn Bedding reserves the right to revoke any stated offer and to correct any errors, inaccuracies, or omissions (including after an order has been submitted). In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account in the amount of the charge. We apologize for any inconvenience this may cause you.
Our websites are general audience sites. Children under the age of 13 should always ask their parents or guardians for permission before providing any personal information to anyone online. We urge parents and guardians to participate in their children's online activities and use parental control or other web filtering technology to supervise children's access to the web. By making a purchase, you are agreeing that you are at least 18 years of age (or supervised by a legal guardian) and legally bound to these terms and conditions.
USE OF SITE
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including an Brooklyn Bedding or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
LINKS TO OTHER SITES
Brooklyn Bedding makes no claim or representation, and accepts no responsibility, regarding the quality, nature, or reliability of the sites accessible by hyperlinks from this Site, or Web sites linking to this Site.
To view our shipping policy, please see our Shipping Policy.
Before order is shipped: If an order has not shipped there will be no cancellation fees.
After order is shipped: If an order is canceled after it has shipped, or if it is refused upon delivery for reasons other than damage, you will be liable for the following:
This policy applies to all orders including orders that qualified for free delivery. Our free shipping policy is designed to ensure comfort confidence. Please measure your bed frame and/or platform prior to ordering. Ordering the correct size, model, and thickness of a mattress is the responsibility of the customer.
CONTESTS & ELIGIBILITY
BrooklynBedding.com may run contests from time to time. A purchase is not required and you can enter any product specific contest by submitting the required material. Contest rules and requirements may be altered at any time at our discretion. If you have any additional questions, please email us.
RETURN GUIDELINES & ELIGIBILITY
Please see our Return Policy.
We take great care in getting your products to you as quickly and safely as possible. However, we ask that you please exhibit due diligence when signing for delivery.
If the item is damaged
In select Arizona and Utah locations, additional fees may apply to the following:
By purchasing an oversized item, you authorize Brooklyn Bedding and/or the freight carrier to assess any additional fees as necessary to credit card according to the fee schedule above.
WARRANTIES AND DISCLAIMERS
Brooklyn Bedding intends for the information and data contained in the Site to be accurate and reliable. However, since the information and data have been compiled from a variety of sources, it is provided "AS IS." You expressly agree that your use of this site is at your sole risk. Brooklyn Bedding, LLC EXPRESSLY DISCLAIMS all warranties and/or conditions, express or implied, as to any matter whatsoever relating to or referenced by this site, including, but not limited to, the implied warranties and/or conditions of merchantability or satisfactory quality and fitness for a particular purpose and non-infringement. You can learn more about product warranties by visiting our Warranty Policy page.
IN NO EVENT SHALL Brooklyn Bedding OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DISTRIBUTORS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE BE LIABLE TO ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF Brooklyn Bedding HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the Site. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.