Terms of service

Terms of Service

1. Introduction

These Terms of Service ("Terms") govern your access to and use of Mattress Warehouse Flint website located at www.mattresswarehouseflint.com (the "Site") and all related services provided by Mattress Warehouse Flint ("we," "us," or "our"), including but not limited to, sales of mattresses, bedding accessories, and any other products or services we may offer from time to time (collectively, the "Services").

By accessing or using the Site or Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not access or use the Site or Services.  

 

2. Use of the Site and Services

  • Eligibility: You must be at least 18 years old to use the Site and Services.
  • Account Registration: You may be required to create an account to access certain features of the Site or Services. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account.  
  • Prohibited Conduct: You agree not to:
    • Use the Site or Services for any unlawful or unauthorized purpose.
    • Use the Site or Services to transmit any viruses, worms, defects, Trojan horses, or other items of a destructive nature.
    • Interfere with the security or integrity of the Site or Services.
    • Impersonate any person or entity, or falsely claim an affiliation with any person or entity.
    • Collect or use any personal information of other users without their consent.
    • Use any automated means, including scripts, robots, crawlers, or scrapers, to access, use, or copy any portion of the Site or Services.
  • Intellectual Property: The Site and Services, including all text, graphics, logos, images, audio clips, and software, are owned by or licensed to us and are protected by copyright, trademark, and other intellectual property laws. You may not use any of our intellectual property without our prior written consent.  

3. Product Information

  • Product Descriptions: We strive to provide accurate and complete product descriptions. However, we do not guarantee that product descriptions are error-free or complete.
  • Pricing: Prices for products are subject to change without notice. We reserve the right to correct any pricing errors.
  • Availability: Product availability may vary. We cannot guarantee that any particular product will be in stock.

4. Orders

  • Order Placement: You may place orders through the Site or by contacting us directly.
  • Order Acceptance: All orders are subject to acceptance by us. We may, in our sole discretion, refuse or cancel any order for any reason.
  • Payment: We accept various payment methods, as indicated on the Site. You are responsible for ensuring that your payment information is accurate and up-to-date.
  • Shipping: Shipping charges and delivery times may vary depending on the product and your location.
  • Risk of Loss: The risk of loss for products purchased from us passes to you upon delivery to the carrier.

5. Returns, Refunds, and Exchanges

Exchange Policy

If you're not completely satisfied with the comfort of your new mattress within the first 30 days of purchase, you may exchange it for a different mattress size or model.

  • Exchange Process:
    1. Contact Us: Please contact our customer service team within 30 days of receiving your mattress to initiate an exchange.
    2. Inspection: A brief inspection may be required to ensure the mattress is in good condition and free from damage caused by misuse or neglect.
    3. Exchange Options: You may exchange your mattress for another mattress of equal or greater value.
    4. Delivery and Pickup: We will arrange for the pickup of your original mattress and delivery of your new mattress.

Refund Policy

  • Restocking Fee: Refunds for returned mattresses are subject to a 20% restocking fee.
  • Shipping and Handling: Original shipping and handling charges are non-refundable. Additional shipping and handling charges may apply.
  • Return Conditions:
    • The mattress must be returned in its original condition, free from damage, stains, or odors.
    • The original mattress packaging (if available) must be returned with the mattress.
    • Refunds will be processed within 3 business days of receiving the returned mattress.

 

6. Disclaimer of Warranties

OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF ANY SERVICE OFFERED BY US IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABLITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE DO NOT MAKE ANY WARRANTY THAT OUR SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT ANY SERVICE OFFERED BY US WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ANY SERVICE OFFERED BY US OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH ANY SERVICE OFFERED BY US. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF ANY SERVICE OFFERED BY US IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH US OR FROM ANY SERVICE OFFERED BY US OR ANY TRANSACTIONS ENTERED INTO BY USE OF OR THROUGH ANY SERVICE OFFERED BY US. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US, OR THROUGH ANY SERVICE OFFERED BY US, SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

PRODUCT INFORMATION AND DESCRIPTIONS -- WE ATTEMPT TO BE AS ACCURATE AS POSSIBLE. WE DO NOT WARRANT THAT PRODUCT DESCRIPTIONS, SPECIFICATIONS OR OTHER CONTENT OF THIS SITE ARE ERROR FREE, ACCURATE, COMPLETE, RELIABLE, OR CURRENT. IF A PRODUCT OFFERED OR SOLD BY US IS NOT AS DESCRIBED, YOUR SOLE REMEDY IS TO RETURN IT IN UNUSED CONDITION IN ACCORDANCE WITH OUR RETURN POLICY.

7. Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL WE OR OUR PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE ANY SERVICE OFFERED BY US, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED, OR TRANSACTIONS ENTERED INTO BY MEANS OF OR THROUGH ANY SERVICE OFFERED BY US, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ALSO AGREE THAT WE SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU, OR TO ANYONE, FOR THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR ARISING FROM USE OF ANY SERVICE OFFERED BY US. IF YOU ARE DISSATISFIED WITH ANY SERVICE OFFERED BY US YOUR EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE WITHOUT REFUND OF ANY KIND WHATSOEVER.

 

8. Indemnification

You hereby warrant that You will not use the information provided by Us in violation of any State or Federal law. Further, You agree to indemnify, defend, and hold Us harmless, as well as holding harmless Our parents, subsidiaries, affiliates, officers, directors, employees, agents, and suppliers, and their respective affiliates, officers, directors, employees, and agents, from any claim, action, demand, or damage, including reasonable attorney's fees, made by any third party or governmental agency arising out of or related to Your use of any service offered by Us or Your violation of this Agreement, including without limitation, claims or suits for libel, violation of rights of privacy or publicity, interference with property rights, trespass, violations of Federal or State Law, patent infringement or plagiarism. We may, at Our sole discretion, assume the exclusive defense and control of any matter subject to indemnification by You. The assumption of such defense or control by Us, however, shall not excuse any of Your indemnity obligations.

9. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Michigan.  

 

10. Dispute Resolution

Any dispute arising out of or relating to these Terms shall be resolved by contacting us at mattresswarehouseflint@gmail.com or by phone 810-732-7335 prior to taking any other action. Failure to contact Us to attempt a dispute resolution prior to taking any other action will result in a breach of this Agreement by You. Any resolution to Your dispute will be considered by Us in good faith and You agree to abide by Our decision. Should You seek a remedy in a court of law, it will be Your responsibility to pay Our legal fees. In addition, You hereby waive any right to a trial by jury in the event of any controversy or claim relating to this Agreement. 

11. Changes to These Terms

We may update these Terms from time to time. We will notify you of any material changes by posting the updated Terms on the Site. Your continued use of the Site or Services after any such changes constitutes your acceptance of the new Terms.  

 

12. Contact Us

If you have any questions about these Terms, please contact us at mattresswarehouseflint@gmail.com or 810-732-7335.