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THANK YOU FOR SHOPPING AT MATTRESS DISCOUNTERS
At Mattress Discounters, we pride ourselves on dependable, professional and courteous delivery. To help us serve you best, please prepare for your delivery by following these simple steps:
*Please note: There is the possibility that a Full or Queen size foundation will not fit up some staircases. In this situation, you may need to purchase a split-foundation at an additional charge. Contact your Sleep Counselor for more information.
ABOUT YOUR NEW MATTRESS
You can rest assured that you have selected the right mattress set! Today’s mattresses are designed with cushioning and upholstery layers that conform to the shape of your body just like a new pair of leather shoes conforms to your feet. Your body has grown accustomed to the lumps and sags of your old mattress so it is common for a new mattress to feel uncomfortable at first. As you sleep on your new mattress, you may begin to see body impressions. This is perfectly normal. It shows that your new mattress set is contouring to your body’s shape to provide maximum support where you need it most.
YOUR PURCHASE IS BACKED BY THE MATTRESS DISCOUNTERS COMFORT GUARANTEE
Your comfort is our highest priority. If you determine at any time, up to 14 days after delivery, that you are not completely satisfied with your mattress, Mattress Discounters will allow you to exchange it for a new mattress under the following terms and conditions:
MATTRESS DISCOUNTERS’ REFUND POLICY
All refunds will be issued by mail from Mattress Discounters’ Corporate Office. All sales are final for the following items: special orders, as-is or floor models, discontinued or clearance merchandise, adjustable beds and mattresses. Once the factory-sealed package has been opened, we are unable to offer refunds but will repair or replace the item if it is defective as defined by the Manufacturer’s Warranty. Mattress Discounters cannot accept returns for the following personal items: pillows, pillowcases, sheets, mattress protectors and pads. Items that are gifted at the time of purchase or GWP (Gift With Purchase) items will be charged at full retail prices should you return or cancel the corresponding purchase.
MATTRESS DISCOUNTERS MAKES NO WARRANTIES, REPRESENTATIONS, INDEMNITIES, OR GUARANTEES WITH RESPECT TO THE PRODUCTS, WHETHER EXPRESSED OR IMPLIED, ARISING BY LAW, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Mattress Discounters neither assumes, nor authorizes salesperson, agent, representative or any other person to make any other or additional guarantee or warranty, or to assume for it, any other liability in connection with the sale of the products. Manufacturers may provide limited warranties of their product, please see your warranty card for details. Delivery charges apply to warranty and service exchanges. STAINS VOID THE MANUFACTURER’S WARRANTY. DO NOT ALLOW YOUR MATTRESS TO GET WET. PROTECT IT FROM FLUIDS WITH A MATTRESS PROTECTOR.
FEDERAL MATTRESS FLAMMABILITY STANDARD - WHAT YOU SHOULD KNOW
Effective July 2007, mattress sets are required to meet the federal safety standard for open-flame fire resistance.
According to the Sleep Products Safety Commission, fire tests show that, in many cases, a Flame Retardant (FR) standard-compliant mattress that is used with a pre-standard foundation (box spring) will fail the standard’s testing requirements. So mixing a new mattress with an old foundation may pose a safety risk to you and your family. The mattress and foundation should be replaced at the same time.
The U.S. Consumer Product Safety Commission (CPSC) standards give you and your family more time to escape before any fire gets out of control. Mattress labels show that the mattress meets federal mattress flammability requirements. It is important to note that increased fire resistance does not mean there is no fire risk.
LIMITATION OF LIABILITY
Mattress Discounters hereby disclaims, and buyer hereby waives any and all obligations and liabilities of Mattress Discounters and all rights, claims and remedies of buyer against Mattress Discounters, including, but not limited to, all liability with respect to the product or services performed or provided by Mattress Discounters or its salespeople, agents or representatives. Under no circumstances shall Mattress Discounters be liable for any consequential, indirect, special, punitive, or incidental damages. The remedies set forth in this instrument are exclusive, and the liability of Mattress Discounters with respect to any sale of its products, or anything done in connection therewith, whether in contract, in tort, under strict liability, under any warranty, or otherwise, whether or not arising from negligence, actual or imputed, shall not exceed the purchase price of the product. This instrument is not intended to provide any legal rights to rental, business, commercial, institutional, or other non-residential uses, or to anyone other than the original residential consumer purchaser. In the event that any one or more provisions or restrictions of this instrument shall be deemed to be illegal or unenforceable, such as illegality or unenforceability shall not affect the validity and enforceability of the remaining legal and enforceable provisions or restrictions hereof, which shall be construed as if such illegal or unenforceable provision(s) or restriction(s) had not been inserted.
By providing Mattress Discounters with your email address, we may occasionally send you information on products and special promotions. We will not sell your information to anyone. If you do not wish to receive these offers you may click the unsubscribe link located at the top of the received email.
Welcome to the Mattressdiscounters.com Internet site (the "Site"). The Site is owned and operated by Mattressdiscounters.com. This page contains the Mattressdiscounters.com Internet Site Terms and Conditions of Use (these "Terms & Conditions"). The Site is made available only to those who agree to these Terms & Conditions. As such, these Terms & Conditions govern and control your access to and use of the Site and by accessing and using the Site you are agreeing to be bound by these Terms & Conditions. If you do not agree to be bound by these Terms & Conditions, you are not authorized to use the Site. Mattressdiscounters.com may change these Terms & Conditions from time to time, without notice to you, by posting such changes on the Site. By using the Site following any such changes, you agree to be bound by these Terms & Conditions as they may have been changed.
1. The Site and Mattressdiscounters.com Business. Mattressdiscounters.com is the operator of retail mattress stores for consumers ("Customers"). Our credit card underwriters may operate sites embedded within the Site. Such sites may be governed by separate or additional terms and conditions.
2. Compliance with Laws. Use of the Site is subject to compliance with all applicable international, federal, state and local laws and regulations.
4. Your Account and Password. If you are required to establish or use an account on the Site (whether or not as a Customer) and have been provided with a user name and password for such purpose, you are responsible for maintaining the strict confidentiality of that information. You are also responsible for any activity conducted under your account. You agree to: (a) immediately notify Mattressdiscounters.com of any unauthorized use of your password or account or any other breach of the Site’s security; and (b) ensure that you log-off and exit from your account at the end of each session. It is your sole responsibility to control the dissemination and use of your password, and control access to and use of your account. It is also your sole responsibility to notify Mattressdiscounters.com if you desire to cancel your account on the Site. Mattressdiscounters.com will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.
5. Rights to Site Content. As between Mattressdiscounters.com and Site visitors, Mattressdiscounters.com is the sole and exclusive owner of all intellectual property rights, proprietary rights and moral rights in and to the Site content including, without limitation, all text, graphics and photographs located within the Site. Visitors may post Mattressdiscounters.com related stories, testimonials, ratings or reviews or other user generated content that may be posted on the Site. If you post such content, you grant Mattressdiscounters.com a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, adapt, reproduce, modify, publish, create derivative works from, distribute, and display such content throughout the world in any media now known or hereafter invented. You grant Mattressdiscounters.com and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all rights to the content that you post; that use of the content you supply does not violate this policy; and that you will indemnify Mattressdiscounters.com for all claims resulting from content you supply. Mattressdiscounters.com has the right but not the obligation to monitor and edit or remove any user-submitted content. Mattessdiscounters.com takes no responsibility and assumes no liability for any content posted by you or any third party.
6. Prohibited Conduct. The Site may not be used in any manner that is unlawful or harmful to the rights of Mattressdiscounters.com, any Customer or any third party. In no event shall you use the Site in a manner that exceeds the specific authorization granted by Mattressdiscounters.com under these Terms & Conditions or by other express written agreement. The prohibition on unauthorized uses includes (but is not limited to) an express prohibition on any attempt to: (a) retrieve, alter, or destroy data on, from or through the Site; (b) probe, scan or test the vulnerability of a system or network on, from or through the Site; or (c) breach or defeat system or network security measures on, from or through the Site such as authentication, authorization, confidentiality, intrusion detection, or monitoring; (d) interfere with or disrupt the Site or the business, operations or services of Mattressdiscounters.com; (e) interfere with or disrupt any computer, host, network, or telecommunications device maintained by Mattressdiscounters.com or any third party; (f) interfere with or disrupt the legitimate use of the Site by any person; (g) transmit, distribute, disseminate, publish or store any information that is in violation of any applicable law or regulation or is defamatory, abusive, obscene, indecent, or harassing, or that threatens or encourages injury to persons or property or infringement of the lawful rights of Mattressdiscounters.com or any other party; (h) violate the privacy rights of Mattressdiscounters.com or any other party under applicable law or regulation; (i) use any technology that is or reasonably should be known to contain software viruses, trojan horses, or any computer code, files, or programs designed to disrupt, destroy, invade, gain unauthorized access to, corrupt, observe, or modify without authorization, any data, software, computing or network devices, or telecommunications equipment of Mattressdiscounters.com or any Customer or any other third party; (j) use the facilities of the Site to send, relay, forward, bounce, reply, or otherwise route commercial or non-commercial unsolicited electronic messages (commonly referred to as "spam") or commercial electronic messages even if previously solicited by the intended recipient; and (k) copy (whether directly or by use of any "scraping" or related technology) any of the contents of the Site.
7. Links. The Site may include links to other Internet sites over which Mattressdiscounters.com has no control. These links are provided solely as a convenience to users of the Site. You acknowledge and agree that Mattressdiscounters.com is not responsible for the availability of the sites intended to be located at such links, and that Mattressdiscounters.com does not endorse (and is not responsible or liable for) any such linked sites including their content, advertising, products, or other materials. You further acknowledge and agree that, under no circumstances, will Mattressdiscounters.com be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, advertisements, products or other resources available on any other Internet site (regardless of whether the Site is directly or indirectly linked to such content, advertisements, products or other resources). You should direct any concerns with respect to any other Internet site to that Internet site’s administrator or webmaster.
8. DISCLAIMER OF WARRANTIES. THE SITE AND ALL INFORMATION CONTAINED ON IT IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Mattressdiscounters.com MAKES NO WARRANTIES WITH RESPECT TO THE ACCURACY OR COMPLETENESS OF INFORMATION CONTAINED ON THE SITE, OR THAT THE SITE WILL BE ERROR-FREE OR AVAILABLE FOR UNINTERRUPTED USE. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Mattressdiscounters.com THROUGH THE SITE SHALL CREATE ANY WARRANTY. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. YOU SHOULD NOT RELY ON THE SITE TO MAINTAIN ANY SUBMISSIONS YOU MAY MAKE; YOU SHOULD RETAIN ALL SUCH DATA AND INFORMATION IN YOUR OWN RECORDS FOR USE IN THE EVENT THAT THE SITE FAILS OR IS UNAVAILABLE, OR THE DATA OR INFORMATION IS LOST.
9. Indemnification & Limitation of Liability. You agree to defend, indemnify and hold Mattressdiscounters.com and each of its subsidiary, affiliated and related entities, and each of their respective directors, officers, members, shareholders, employees and suppliers (collectively the "Mattressdiscounters.com Parties"), harmless from any and all claims, liabilities, costs and expenses, including reasonable legal fees, arising in any way from your use or misuse of the Site or your breach or violation of the law or of these Terms & Conditions. You agree that the Mattressdiscounters.com Parties shall not have any liability to you under any theory of liability or indemnity in connection with your use of the Site. You hereby release and forever waive any and all claims you may have against the Mattressdiscounters.com Parties for losses or damages you sustain in connection with your use of the Site. IN NO EVENT SHALL THE Mattressdiscounters.com PARTIES BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, PROGRAMS OR DATA), RESULTING FROM ACCESS TO, USE OF, OR INABILITY TO USE THE SITE, OR DUE TO ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION VIA THE INTERNET, EVEN IF THE Mattressdiscounters.com PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER ARISING UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.
10. Applicable Laws. These Terms & Conditions shall be governed by and construed in accordance with the laws of the State of New York without regard to principles of conflicts of laws. All proceedings relating to the Site or these Terms & Conditions shall be brought in the state or federal courts located in the State of New York and you hereby irrevocably consent to the personal and exclusive jurisdiction of such courts. Mattressdiscounters.com controls and operates this Site from its offices in New York in the United States of America. Mattressdiscounters.com does not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access this Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent applicable.
11.General. You agree that regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or related to use of the Site or the Terms & Conditions must be filed by you within one (1) year after such claim or cause of action arose or be forever barred. Should any provision of these Terms & Conditions be held to be void, invalid, unenforceable or illegal by a court of competent jurisdiction, the remaining provisions hereof shall remain in full force and effect. The waiver of any breach or default of these Terms & Conditions will not constitute a waiver of any subsequent breach or default, and will not act to amend or negate the rights of the waiving party. These Terms & Conditions constitute the complete agreement of the parties with respect to the subject matter hereof, and supersede all prior agreements and understandings in relation thereto.
Mattressdiscounters.com brings its reputation of quality and service to you through the ease and convenience of on-line shopping via the Website. Mattressdiscounters.com credit card underwriters operate sites embedded within the Website. Such sites are governed by separate privacy policies, which we encourage you to read at such time as you access those sites. The Website is not intended for persons under 18 years of age. Mattressdiscounters.com does not knowingly solicit or collect personal information from or about children, and we do not knowingly market our products or services to children.
Mattressdiscounters.com recognizes the importance of our customers' privacy. We strive to manage your personal information with the utmost care. This policy applies to customer information obtained by Mattressdiscounters.com in connection with its operations online. This policy describes:
Why We Collect Information
We collect personal information about you to deliver the products and services you request and to help improve your shopping experience. We strive to limit the amount of personal information collected to support the intended purpose of the collection. For example, if you order a product, we need to have information such as your billing address, age, product choice, delivery information, and payment processing information. In addition, your personal information helps us communicate with you about our latest products, special offers, and information and events about which you might like to hear. We also collect your personal information to help us design and deliver our website, and to delivery targeted advertisements to you when you use the website. When we use the term “aggregate” information it means, generally, that we may combine information obtained from you together with information from other sources, which may help us develop a more targeted user profile concerning you and/or your demographic information. For example, if you provide us with your email address, we may cross-check that address against information that might be otherwise available through other entities with whom we have business relationships in order to develop a more in-depth demographic profile of you.
What Information We Collect
We collect personal information from you in a variety of ways when you interact with Mattressdiscounters.com online. Some examples are when you:
Information from Other Sources
We may receive personal information about you from other sources as well. Examples of these sources are entities that can help us correct or supplement our records, improve the quality or personalization of our service to you, and help prevent or detect fraud. In addition, we may collect information from consumer reporting agencies or other service providers if you obtain certain financial products.
Automated Information Collection
Even if you do not submit personal information through the website, we receive and store certain types of information when you interact with our websites, emails, and online advertising. Our purpose is to allow the websites to work correctly, to evaluate use of the website, and to support website analytics and marketing campaigns. In this process of gathering information, we may collect personally identifiable and non-personally identifiable information. Some examples include:
How We Use Your Information
Mattressdiscounters.com uses your information in a variety of ways to offer and provide our products and services to you and to support our core business functions. These include order or service fulfillment, internal business processes, marketing, authentication, loss and fraud prevention, public safety and legal functions. Some examples include:
To accomplish these purposes, we may combine personal and non-personal information we collect online with offline information, including information from third parties. We may transfer or disclose your information within our corporate family of companies for these purposes.
How We Disclose Your Information Outside Mattressdiscounters.com
Mattressdiscounters.com does not sell or rent your personal information to third parties. We only disclose your personal information with your prior consent or under the following limited circumstances.
We may disclose or otherwise make available personal information about you to service providers that help with our business operations. Examples are shipping vendors, billing and refund vendors, payment card processors, and companies that help us improve our product and service offerings and our websites. Your personal information may be stored and processed by our service providers in the United States or other locations where the service providers or Mattressdiscounters.com maintains facilities. We require our service providers to keep your information secure. In addition, our service providers may not use or disclose personal information for any purpose other than providing the services on our behalf.
Legal Requirements and Protection of Our Company and Others
We may disclose your information in other special circumstances. These include situations when the sharing is necessary to protect the safety, property, or other rights of Mattressdiscounters.com, our customers, our associates, or any other person, or where otherwise required by law. Mattressdiscounters.com may provide your personal information in response to a search warrant or other legally valid inquiry or order, or to an investigative body in the case of a breach of an agreement or contravention of law, or as otherwise required by applicable law.
We may transfer any information we have about you in connection with a merger or sale (including transfers made as part of insolvency or bankruptcy proceedings) involving all or part of Mattressdiscounters.com or as part of a corporate reorganization or stock sale or other change in corporate control.
Use of Mobile Devices
If you visit the Website from your mobile device, certain mobile service providers uniquely identify mobile devices. We or our our third party service providers may receive such information if you visit the Website through your mobile device. Some mobile service providers operate systems that identify the physical location of a device using that service. We or our third party providers may receive that information. The physical location services on most mobile devices can be disabled. Contact your mobile service provider if you have any questions on how to do this.
Mattressdiscounters.com believes in providing a safe and secure experience for all our online visitors. We maintain reasonable physical and electronic safeguards designed to limit unauthorized access to your personally identifiable information.
We use data encryption technology when transferring and receiving your personal information. For example, in the transactions submitted by you on the website, a solid key icon or a locked padlock icon at the lower portion of your web browser window confirms the site is secured through Secure Sockets Layer (SSL). Pages requesting personal information should always have one of these icons. You can also confirm your data is being encrypted by looking at the URL line of your browser. When accessing a secure server, the site address will change from “http” to “https”.
While we use the foregoing security measures to protect your information, please note that no data transmitted over the Internet or stored and utilized for business purposes can be guaranteed to be completely secure. No security measures are perfect or impenetrable. We cannot guarantee that only authorized persons will view your information. We cannot ensure that information you share on the website will not become publically available. You can reduce these risks by using common sense security practices such as choosing a strong password, using different passwords for different services, and using up to date antivirus software.