Terms Of Use & Conditions

 

Effective date: 07/28/2021

 

1.     Introduction

Welcome to the Beddio LLC (“Company”, “we”, “our”, “us”) website. As you have just clicked our Terms of Use, please carefully read the following pages. These Terms of Use (“Terms”, “Terms of Use”) govern your use of our web pages located at http://www.beddio.com operated by Beddio LLC.

Our Privacy Policy also governs your use of our website and explains how we collect, safeguard and disclose information that results from your use of our web pages. Please read it here http://www.beddio.com/privacy-policy.

Your agreement with us includes these Terms and our Privacy Policy (“Agreements”).

By (i) visiting, accessing, or otherwise using in any way the Sites or any Beddio Store (the “Services”), or (ii) by ordering, purchasing, receiving or using any products or services offers by Beddio through our websites, a Beddio store, or a Third Party Seller (the “Products”), you acknowledge that you have read and understood the Agreements, and agree to be bound by them. If you do not agree with (or cannot comply with) these Agreements, then you may not use the website, but please let us know by emailing at support@beddio.com so we can try to find a solution. These Terms apply to all visitors, users and others who wish to access or use the website.

 

2.     Communications

By visiting our website, sending us emails, or creating an Account on our website, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at support@beddio.com.

 

3.     Purchases

If you wish to purchase any product or service made available through our website (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

We may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

We may offer certain of its Products through Third Party Sellers. Beddio does not control any Third Party Seller, and your order, purchase, receipt or use of any Product provided by any Third Party Seller is a transaction solely between you and such Third Party Seller. Each Third Party Seller may have their own terms, guidelines or rules independent of these Terms, and you are fully responsible for reviewing and abiding by any such terms, guidelines or rules. All access and use of any site controlled by a Third Party Seller or any retail locations operated by a Third Party Seller are at your own risk.

 

4.     Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through our website may be governed by rules that are separate from these Terms of Use. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Use, Promotion rules will apply.

 

5.     Refunds; Returns; Exchanges

Returns. You may return any Product purchased from the website or any Beddio Store within the applicable Product's trial period, each "Trial Period” beginning upon your receipt of such Product, (each, a "Trial Period"), after the Trial Period, and subject to the conditions described below.

 

Beddio Mattress 101-night risk free trial period. All our products are made with exceptional quality and we're confident you'll love your Beddio mattress. But if not, we offer a 101-night risk free trial period for all Beddio mattresses. Within the 101-night risk free trial period, you are required to try your mattress for at least 30 nights, starting from the day your mattress is delivered. This will allow you to try your mattress for at least 30 nights. We know it takes time to get adjusted to a new mattress, thus we allow you to try it out for 30 days before you make a final decision. Within the 101-night risk free trial period, if you decide the mattress is not for you after 30 days you can contact us to initiate a return, notify us before the 101th day after your purchase by emailing us at support@beddio.com. We'll coordinate a pickup from your home, conduct an evaluation to see if the mattress meets our return requirements, then refund the full purchase price minus the restocking fee if your mattress meets our return requirements . If 101 nights have passed since your purchase of a Beddio mattress, a refund will not be issued. All returns are subject to the Return Conditions set forth below.

Other Beddio Product 30-night risk free trial period. We offer a 30-night risk free trial period for all Beddio pillows, encasement, and toppers. If you decide to return these products within the 30-night risk free trial period, contact us to initiate the return process. You are responsible for any return fees including shipping and restocking fees.

Trial Period Exceptions. Any Product that is marked as “Sale,” “Final Sale” or "Clearance," or purchased as part of a "bundled" product offering (each such offering, a "Bundle"), to the extent not accompanied by the entire Bundle, may not be returned or exchanged, except in the event of a Defect, as defined in the applicable Product Warranty, or unless otherwise specified.

 

Return Procedure. There is a restocking fee associated with Beddio Mattresses and Beddio Mattress Toppers. To return your Beddio Mattress or Beddio Mattress Topper, contact us to arrange a return pick-up before the end of the 101-Night Trial Period by emailing Beddio at support@beddio.com or fill out our customer support form online to arrange a return pick-up.

For any other product there are two ways to return the items:

1. you can use the shipping label we provided to you by email and pay a $15.99 shipping fee, which will be deducted from your refund once approved.

1. you can use your own shipping method and at your own cost. Refunds will be issued in the form of the original payment. Please follow the instructions below to return your Product.

 

Return Conditions. The following conditions also apply to Product returns:

•   Products must be in original condition to be eligible for return (e.g., no stains, tears or other soiling including odors, no damage to the physical appearance of the products).
•   Products may not be returned from outside the United States.
•   Customers may return a maximum of one (1) of each particular Product per initial order, validated by a customer name or shipping address.
•   If at least one of a particular Product type is returned from an initial order, that customer or shipping address will not be eligible for additional Trial Periods on subsequent orders of that particular Product (e.g. if you return a Beddio pillow, you will not be eligible for the applicable Trial Period on future Beddio pillow orders).
•   For Bundles, (i) an entire Bundle may be returned and (ii) the longest Trial Period applicable to any Product included in that Bundle will be an applicable Trial Period for the entire Bundle.

Title. Risk of loss and title for Products purchased from Beddio pass to you upon delivery of such Products (by Beddio or our manufacturer) to the carrier. You are responsible for filing any claims with carriers for damaged or lost shipments.

Refund. Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund, this applies to all Beddio products. If you are approved, then your refund will be processed, and a credit will automatically be applied to the original method of payment, within 30 days of the approval. If you purchased a Product from the website or in a Beddio Store using an offer code or gift code, the dollar value of any offer code will not be refunded or credited back if any or all of the merchandise is returned. Please note that we do not refund any shipping costs or fees.

Exchanges. We only offer exchanges for products that are defective or damaged by the manufacturer within the applicable trial period. If you need to exchange a product, email us at support@beddio.com or fill out our customer support form online and we will assess your eligibility for an exchange.

Third Party Seller Returns and Refunds. Notwithstanding anything provided in these Terms, the return of any Product ordered, purchased or received from any Third Party Seller and any refunds issued in connection with such Product will be subject to the terms and conditions of such Third Party Seller. Please contact the Third Party Seller from which you ordered, purchased or received the Product for their applicable terms and conditions regarding returns and refunds.

 

6.     Content

Our website allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for Content that you post on or through the website, including its legality, reliability, and appropriateness.

By posting Content on or through website, You represent and warrant that: (i) Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

You retain any and all of your rights to any Content you submit, post or display on or through the website and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the website. However, by posting Content using a website you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the website. You agree that this license includes the right for us to make your Content available to other users of the website, who may also use your Content subject to these Terms.

Beddio LLC has the right but not the obligation to monitor and edit all Content provided by users.

In addition, Content found on or through this website are the property of Beddio LLC or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

 

7.     Prohibited Uses

You may use the website only for lawful purposes and in accordance with Terms. You agree not to use website:

(a)    In any way that violates any applicable national or international law or regulation.

(b)   For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.

(c)    To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.

(d)   To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.

(e)    In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.

(f)    To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the website, or which, as determined by us, may harm or offend Company or users of the website or expose them to liability.

Additionally, you agree not to:

(a)    Use the website in any manner that could disable, overburden, damage, or impair the website or interfere with any other party’s use of the website, including their ability to engage in real time activities through the website.

(b)   Use any robot, spider, or other automatic device, process, or means to access the website for any purpose, including monitoring or copying any of the material on the website.

(c)    Use any manual process to monitor or copy any of the material on the website or for any other unauthorized purpose without our prior written consent.

(d)   Use any device, software, or routine that interferes with the proper working of the website.

(e)    Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.

(f)    Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the website, the server on which website is stored, or any server, computer, or database connected to the website.

(g)   Attack website via a denial-of-service attack or a distributed denial-of-service attack.

(h)   Take any action that may damage or falsify Company ratings.

(i)    Otherwise attempt to interfere with the proper working of the website.

 

9.     No Use By Minors

Our website is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using our website, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of Terms. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of the website.

 

10.   Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the website.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for all activities or actions that occur under your account and/or password, whether your password is with our website or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

 

11.   Intellectual Property

Our website and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Beddio LLC and its licensors. The website is protected by copyright, trademark, and other laws of the United States. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Beddio LLC.

 

12.   Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the website infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to support@beddio.com, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”

You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the website on your copyright.

 

13.   Disclaimer Of Warranty

THIS WEBSITE IS PROVIDED “AS IS” AND “WITH ALL FAULTS” AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS WEBSITE IS WITH YOU.

WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THIS WEBSITE, WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.

THIS MEANS THAT WE DO NOT PROMISE YOU THAT THE WEBSITE IS FREE OF PROBLEMS.

Without limiting the generality of the foregoing, we make no warranty that this Website will meet your requirements or that this Website will be uninterrupted, timely, secure, or error free or that defects in this Website will be corrected. We make no warranty as to the results that may be obtained from the use of this Website or as to the accuracy or reliability of any information obtained through this Website. No advice or information, whether oral or written, obtained by you through this Website or from Us or Our subsidiaries/other affiliated companies shall create any warranty. We disclaim all equitable indemnities.

The products sold through the sites are subject to the terms of the limited warranty available on our websites (the “Product Warranties”) listed here:

• Beddio Mattress Warranty
• Beddio Mattress Topper Warranty

The Product Warranties are incorporated by reference into these Terms. To the extent there is a conflict between these Terms and the terms of any Product Warranty and these Terms, the terms of the applicable Product Warranty shall govern.

 

14.   Limitation Of Liability

WE SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THIS WEBSITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF WE KNOW THERE IS A POSSIBILITY OF SUCH DAMAGE. OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT BE MORE THAN $100.00.

 

15.   Termination

We may terminate or suspend your account and bar access to the website immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.

If you wish to terminate your account, you may simply discontinue using the website.

All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

 

16.   Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of New Jersey without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our website and supersede and replace any prior agreements we might have had between us regarding the website.

 

17.   Changes To website

We reserve the right to withdraw or amend our website, and any service or material we provide via website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of a website, or the entire website, to users, including registered users.

 

18.   Amendments To Terms

We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.

Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

By continuing to access or use our website after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the website.

 

19.   Waiver And Severability

Please Read This Provision Carefully. It Affects Your Legal Rights.

This Provision facilitates the prompt and efficient resolution of any dispute (e.g., claim or controversy, whether based in contract, statute, regulation, ordinance, tort – including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence – or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below) that may arise between you and Us. Effectively, then, “dispute” is given the broadest meaning enforceable by law and includes any claims against other parties relating to services or products provided or billed to you (such as Our licensors, suppliers, dealers or third-party vendors) whenever you also assert claims against Us in the same proceeding.

This Provision provides that all disputes between you and Beddio shall be resolved by binding arbitration because acceptance of These Terms constitutes a waiver of your right to litigation claims and all opportunity to be heard by a judge or jury. To be clear, there is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney’s fees). You may, however, opt-out of this Provision which means you would have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). EVERYONE AGREES THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.

1. Pre-Arbitration Claim Resolution

For all Disputes, whether pursued in court or arbitration, you must first give Us an opportunity to resolve the Dispute which is first done by emailing to Us at support@beddio.com the following information: (1)Your name, (2) Your address, (3) A written description of your Claim, and (4) A description of the specific relief you seek. If we do not resolve the Dispute within 45 days after receiving your notification, than you may pursue your Dispute in arbitration. You may pursue your dispute in a court only under the circumstances described below.

1. Exclusions from Arbitration/Right to Opt Out

Notwithstanding the above, you or we may choose to pursue a Dispute in court and not by arbitration if: (a) The dispute qualifies for initiation in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the “Opt-Out Deadline”). You may opt-out of this Provision by emailing Us at support@beddio.com the following information: (1) Your name; (2) Your address; (3) A clear statement that you do not wish to resolve disputes with Us through arbitration. Either way, we will not take any decision you make personally. In fact, we promise that your decision to opt-out of this Arbitration Provision will have no adverse effect on your relationship with Us. But, we do have to enforce the Opt-Out Deadline so keep in mind that any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your dispute in arbitration or small claims court.

1. Arbitration Procedures

If this Provision applies and the dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or we may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.

For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration.

Because this Website and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.

1. Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
2. Location of Arbitration – you or we may initiate arbitration in either New York, New York or the federal judicial district that includes your billing address. In the event that you select the latter, we may transfer the arbitration to New York, New York so long as we agree to pay any additional fees or costs which the arbitrator determines you incur as a result of the transfer.

iii. Payment of Arbitration Fees and Costs – So long as you place a request in writing prior to commencement of the arbitration, we will pay all arbitration fees and associated costs and expenses. But, you will still be responsible for all additional fees and costs that you incur in the arbitration which include but are not limited to attorneys’ fees or expert witnesses. In addition to any fees and costs recoverable under applicable law, if you provide notice and negotiate in good faith with Us as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.

1. Class Action Waiver

Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both you and we specifically agree to do so following initiation of the arbitration. If you choose to pursue your Dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to you. Neither you, nor any other user of this Website can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.

1. Jury Waiver

You understand and agree that by accepting this Provision in these Terms, you and we are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you and we might otherwise have had a right or opportunity to bring disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court (e.g.,, the rights to both appeal and certain types of discovery) may be more limited or may also be waived.

1. Severability

If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision whose remainder will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the dispute will be decided by a court.

vii. Continuation

This Provision shall survive the termination of your account with Us or Our affiliates and your discontinued use of this Website. Notwithstanding any provision in this Agreement to the contrary, we agree that if we make any change to this Provision (other than a change to the Notice Address), you may reject any such change and require Us to adhere to the language in this Provision if a dispute between Us arises.

Acknowledgement

BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USEAND AGREE TO BE BOUND BY THEM.

 

20. Contact Us

Please send your feedback, comments, requests for technical support:

By email: support@beddio.com.

By visiting this page on our website: http://www.beddio.com/contact.

300 West 4th Street 

Plainfield, NJ 07060, 1-855-571-8500