SLEEPWORKS INTERNET SITE TERMS AND CONDITIONS OF USE
Welcome to the Sleepworks Internet site (the “Site”). The Site is owned and operated by Easy Bed Mattress Co Inc. DBA 1-800-EASY-BED, Sleepworks and Sleepworksny.com. This page contains the Sleepworks 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. Sleepworks 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 Sleepworks Business. Sleepworks 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 Sleepworks 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 Sleepworks if you desire to cancel your account on the Site. Sleepworks 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 Sleepworks and Site visitors, Sleepworks 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.
6. Prohibited Conduct. The Site may not be used in any manner that is unlawful or harmful to the rights of Sleepworks, any Customer or any third party. In no event shall you use the Site in a manner that exceeds the specific authorization granted by Sleepworks under these Terms & Conditions or by other express written agreement. The prohibition on unauthorized uses includes (but is not limited to) an express prohibition 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 Sleepworks; (e) interfere with or disrupt any computer, host, network, or telecommunications device maintained by Sleepworks 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 Sleepworks or any other party; (h) violate the privacy rights of Sleepworks 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 Sleepworks 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 Sleepworks has no control. These links are provided solely as a convenience to users of the Site. You acknowledge and agree that Sleepworks is not responsible for the availability of the sites intended to be located at such links, and that Sleepworks 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 Sleepworks 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. Sleepworks 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 Sleepworks 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 Sleepworks and each of its subsidiary, affiliated and related entities, and each of their respective directors, officers, members, shareholders, employees and suppliers (collectively the “Sleepworks 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 Sleepworks 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 Sleepworks Parties for losses or damages you sustain in connection with your use of the Site. IN NO EVENT SHALL THE Sleepworks 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 Sleepworks 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. Sleepworks controls and operates this Site from its offices in New York in the United States of America. Sleepworks 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.
Sleepworks Terms and Conditions
Passion and service is our mantra. That’s why we’re dedicated to quality products and service to our customers—through premium materials, attention to detail, and fine craftsmanship. We stand behind everything we sell and deliver. PLEASE NOTE THAT SPECIAL ORDER ITEMS, OUT OF STATE SALES AND FURNITURE ARE NOT ELIGIBLE FOR RETURNS, EXCHANGES or REFUNDS. If you don’t love your new mattress, call us. We will work with you to address your concerns.
Apartment Buildings, Coops and Condos
Please note that customer is responsible for insuring that pathways are clear, elevators will fit merchandise or stairways will accept delivery. SLEEPWORKS is NOT responsible for merchandise that does not fit. Sleepworks is not responsible for customer pickups in which the merchandise has been tied or secured to customer vehicle. Customer must secure merchandise.
Adjustable bases (motion beds)
While we do not accept returns on adjustable bases, we stand by their quality. If you experience problems with your adjustable base, call 1-800-EASY-BED. We can help, whether it is a simple question or a warranty-related issue.
Furniture, Pillows, Bed Linens, Bed Frames, Mattress Toppers and Protectors.
Given the personal nature of these products, we accept returns only if the item is damaged at delivery or if there is a product defect. Each of our products carries a manufacturer warranty to protect your investment.
Set up of new bedding and removal of old bedding is available for a nominal fee in the continental 48 states.
IN ORDER TO ENSURE PROMPT AND EFFICIENT DELIVERY, PLEASE FOLLOW THESE PROCEDURES:
1. The area must be clear and bed linens must be removed. If the area is not clear, independent truckers will not set-up the merchandise.
2. Independent delivery teams are not responsible for moving customer’s furniture or bedding, or for dismantling customer’s headboard or frame.
3. Independent delivery teams are not responsible for setting up customer’s existing headboards to any frame.
4. Independent delivery teams will remove packaging to the curb. Bedding will also be removed to the curb unless otherwise stated on the front of your invoice. Steel frames will be removed to the curb or dumpster only, NOT to the truck.
5. All balances must be paid by credit card or cash only prior to delivery. Personal checks, certified checks, or money orders are not accepted at time of delivery.
6. Upon delivery, you must present your invoice to confirm the terms of your purchase. You must inspect merchandise prior to the delivery person leaving the residence; Once the delivery people leave the home Sleepworks is no longer responsible for any damages. You may refuse delivery of defective, damaged, or non-conforming merchandise.
7. Delivery fees are non-refundable. There will be no additional delivery fees for completion of a partial delivery or replacement of non-conforming merchandise.
8. If you have questions about your delivery, please visit. Sleepworks or call 1-800-EASY-BED. Manufacture defects are covered by the manufacturer and not Sleepworks, However, Sleepworks will facilitate the replacement or repair on behalf of the manufacturer.
DEPOSITS AND REFUNDS
If your merchandise cannot be delivered by the date noted or promised on your invoice, Sleepworks will offer you the option of an alternative delivery date. Manufacture delays are reason for cancellation. All non-stocked orders require a full non-refundable deposit. All refunds will be issued by mail from Sleepworks Headquarters. SLEEPWORKS does not offer refunds in the form of cash, only via credit card or check. No refund will be offered after delivery. Merchandise may only be exchanged due to damages. Any and all deposits on purchases not delivered within the twelve (12) month period after the original date of purchase will be forfeited by you and assigned to the company to cover all administrative expenses pertaining to the invoice. Cancellations of special orders or any order in transit involve a restocking fee of 30% of the retail price of the merchandise.
30 DAY EXCHANGE POLICY*
If you determine at any time, up to 21 days after delivery, that you are not completely satisfied with your non special order mattress, SLEEPWORKS will allow you to exchange it for a new mattress FOR A FEE OF 10% OF THE PURCHASE PRICE OR $175 WHICHEVER IS GREATER Plus re-delivery charges. EXCHANGES MUST BE FOR EQUAL OR GREATER VALUE. This applies to Sleepworks local Tri State delivery areas only.
1. If you wish to make an exchange of equal or greater value please contact SLEEPWORKS no later than the 21ST day after the original delivery date. NOTE: All exchanges must be completed no later than 30 days from the original delivery date. This means that if you call customer service on the 21st day after delivery, you must be available to reselect a mattress and schedule the exchange and delivery within the following 9 days. NOTE* Mattress protector must have been purchased to be eligible for comfort exchanges.
2. The customer simply pays the difference between the two (2) products plus applicable delivery fees and taxes. NOTE: The customer shall not pay more for the new merchandise than any current non-expired SLEEPWORKS advertised price for that item except exchanges involving any item restricted by a manufacturer’s minimum price policy.
3. Note: Law tags must be attached and the merchandise must be in sanitary condition, clean, free of tears, burns and stains of any kind or we will be unable to honor a request for an exchange.
SLEEPWORKS 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. SLEEPWORKS 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 for 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.
LIMITATION OF LIABILITY
SLEEPWORKS hereby disclaims, and buyer hereby waives any and all obligations and liabilities of SLEEPWORKS and all rights, claims and remedies of buyer against SLEEPWORKS, including, but not limited to, all liability with respect to the product or services performed or provided by SLEEPWORKS or its salespeople, agents or representatives. Under no circumstances shall SLEEPWORKS be liable for any consequential, indirect, special, punitive, or incidental damages. The remedies set forth in this instrument are exclusive, and the liability of SLEEPWORKS 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 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 SLEEPWORKS your email address, you agree to occasionally receive marketing information and or offers 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 on the email.