REST REFRESHED

RETAIL TERMS OF SALE

Last Updated: July 2017

In addition to the Terms of Use which govern your use of the Rest Refreshed.com website (this “Site”), these terms and conditions (the “Terms of Sale”) govern any retail order or purchase of products (“merchandise”) you (the individual completing this order, “you”) place through this Site. By placing an order for merchandise through this Site or by phone, you accept these Terms of Sale and agree to be bound by them.  Because these Terms of Sale are subject to CHANGE, please review and save a copy of them for your records prior to placing each order. If you have any questions about the Terms of Sale or any aspect of your order, please e-mail our Customer Service Department at [email protected] or call 1-844-737-8338 or 1-844-REST 338.

ORDER AND ACCEPTANCE

• All advertisements on this Site are invitations to purchase and not offers to sell. Rest Refreshed reserves the right, at its sole discretion, to accept or reject the order once you have completed and placed your order.
• Each part of an order that you submit to us constitutes an offer to purchase merchandise. If you have placed your order through this Site, after we receive your order you will receive an email from us confirming receipt of your order, usually in minutes. If you do not receive an email, contact us before you try to place another order for the same merchandise. You should note that the email that we send to you confirming receipt of your order does not constitute our acceptance of your order.
• Rest Refreshed is not deemed to have accepted your order (or any part of your order) until the requested merchandise is shipped and we have sent a shipment confirmation email.
• If we reject your order because of an error in pricing or other information about the merchandise, we will notify you at the email address you provided and ask you whether you would like to re-submit your order to purchase the relevant merchandise once we have corrected the error. If we have notified you that we have accepted your order by sending you a shipment confirmation email, you will not be required to pay more than the price that was displayed on this Site at the time that you placed your order. If we have sent you merchandise which is different from the description of the relevant merchandise on this Site at the time that you place your order, you can return or exchange it. For more details, please see the return and exchange policy, which governs all returns and exchanges made involving items purchased on this Site.

Although it is rare that Rest Refreshed would refuse to accept an order, we reserve the right to deny any order for any reason, including where the following situations arise:

ERROR IN PRICING

In the event that an item is listed at an incorrect price due to an error in pricing, Rest Refreshed will have the right, at Rest Refreshed’s sole discretion, to reject or cancel any orders placed for that item. In the event that an item is mispriced, Rest Refreshed may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation.

ERROR IN BILLING, PAYMENT OR SHIPPING INFORMATION

Some orders cannot be processed due to an error in information you have provided, which includes, but is not limited to:

• an incorrect credit card or debit card number, expiration date and/or card security value, or information regarding other payment types;
• incorrect billing information (for example, if the billing information you provide is different from information your financial institution has on record);
• an insufficient or incorrect shipping address (including street address, city, state, zip or postal code);
• or any suspected fraudulent information.

MERCHANDISE SHIPPING DELAY OR UNAVAILABILITY

The purchase of products on this Site is subject to availability. If an item of merchandise is delayed out of our fulfillment center or becomes unavailable, or if there is an error on this Site relating to the order (for example, an error relating to the price or description of merchandise) Rest Refreshed may cancel the order. If this occurs we will contact you so you are aware. In the event that Rest Refreshed advises you that any products are no longer available, Rest Refreshed will have no obligation to fulfill your order and you have no obligation to pay Rest Refreshed for the order.

MANUFACTURE DEFECT RETURNS

Every Rest Refreshed adjustable bed model is covered by our 20-Year Pro-Rated Warranty. The first year is non-pro-rated and all parts and labor are fully covered.

Rest Refreshed Mattress 100 Night Risk-Free Trial –

Purchasing a mattress can be a huge event in your life – Your sleep is the basis for your health and energy.  That’s why we offer a 100 Night Risk-Free Trial.    First, commit to try your Rest Refreshed Mattress for at least 30 days, it will take your body some time to adjust, even if you have been sleeping on an old, saggy mattress.  Then, if for some reason you still don’t feel like the Rest Refreshed Mattress is the right mattress for you, contact us and we will arrange for your mattress to be picked up by a local charity or recycler.

For complete information on our mattress warranties, please go to our Warranties page.

RESHIPPING OF MERCHANDISE

Rest Refreshed’s policies do not allow merchandise to be reshipped. Any orders shipping to ‘Freight Forwarding Companies’ will not be accepted.

PREVIOUS FRAUDULENT ORDER HISTORY

Rest Refreshed may refuse to accept any order if fraudulent activity is suspected and may refuse to process subsequent orders from customers with a previous fraudulent order history. We may also refuse any orders connected with a previous credit card dispute.

ENGAGEMENT WITH REST REFRESHED AFFILIATES

Rest Refreshed reserves the right, but does not have the obligation, to block from receiving marketing communications or to remove and unsubscribe from all Rest Refreshed platforms any email address, phone number, and/or mailing address associated with customers determined by Rest Refreshed to have characteristics of reselling and/or customer orders determined by Rest Refreshed to be fraudulent. Rest Refreshed platforms affected by such removal include but are not limited to: (i) any of Rest Refreshed’s online accounts; (ii) promotional club memberships; (iii) email marketing lists; (iv) text messaging programs; or (v) direct mailing lists. In addition, affected customers may be prohibited from accessing or registering for all of the aforementioned platforms in the future.

CUSTOMER INITIATED ORDER CANCELLATIONS AND CHANGES

You can make changes or cancel your order at any time before your order has been processed. To make changes to your order, please contact our Customer Service Department by e-mail at [email protected] or call 1-844-737-8338 or 1-844-REST 338.

MERCHANDISE ON BACKORDER

Merchandise on backorder is temporarily out of stock. If we are unable to ship any merchandise on backorder within thirty (30) days from the date of your order, we will notify you at the e-mail address that you have provided.  You will not be charged for merchandise on backorder until it ships.  Shipping and handling for each item in an order is distributed so it is directly proportional to the cost of an item and will not be charged in the applicable proportional amount until the respective item(s) ship(s). All items in an order will be shipped via the shipping service type selected when placing the order.  The status of a back ordered item will remain open on an order until the merchandise is in stock and we take payment and ship the merchandise, or until we contact you that that item was canceled, or if you contact us to change or cancel your order.

PRICES AND PAYMENTS

Rest Refreshed may vary the price of its merchandise at any time.  After we accept an order, we will not alter the price, except for merchandise eligible for a price adjustment.

PAYMENTS BY CREDIT CARD

You may pay for your purchase using VISA, MASTERCARD, DISCOVER, and AMERICAN EXPRESS (each, a “Credit Card”) and you authorize Rest Refreshed to charge the applicable Credit Card for the purchase price and you represent and warrant that you are the cardholder of that Credit Card. If your Credit Card is rejected by the card issuer, your order will not be shipped and Rest Refreshed will have no obligation to fulfill your order or to advise you of the reason for non-fulfillment.

All billing and registration information provided by you to Rest Refreshed must be truthful, complete and accurate. Providing any untruthful, incomplete or inaccurate information constitutes a breach of these Terms of Sale.

When you pay by Credit Card, Rest Refreshed reserves the right to request additional evidence or proof of billing information. Debit payment methods will be processed as credit. The charge for your order will appear on your credit card statement as ‘Rest Refreshed.’  If you contest the validity or amount of a charge related to an order with Rest Refreshed and believe it to be fraudulent, please email us at [email protected].

Rest Refreshed will prosecute to the fullest extent of the law any fraudulent activities related to the reversal of a valid charge for an order filled and delivered to the customer.  Should your order be canceled, any ‘authorization holds’ will drop off your account within three to five business days.

DELIVERY

Shipping and handling charges will depend on the value of your order, the country to which the merchandise is being shipped, and your required shipping time.

Your order will be shipped to you by one of Rest Refreshed’s third party carriers. The exact carrier delivering your item(s) will be identified in the shipping confirmation email you will receive once your order has shipped.

Rest Refreshed is not responsible for any loss of the products following shipment from Rest Refreshed’s or its agents’ facilities to your delivery address.

DISCLAIMERS OF WARRANTIES

To the maximum extent permitted by applicable law, Rest Refreshed disclaims all warranties and conditions of any kind, whether legal, statutory or otherwise, express or implied (including implied warranty of merchantability and fitness for particular purpose, quality and non-infringement), relating to this Site or any content, information or goods accessed, offered, purchased or sold through this Site or their use, suitability or availability or any transaction conducted on this Site, whether arising from statute, course of dealing, usage of trade or otherwise. Rest Refreshed makes no representations or warranties and provides no conditions in connection with this Site or any content, information or goods accessed or offered through this Site or their use.

Some jurisdictions do not allow the limitation on implied warranties and conditions. If these laws apply to you, some or all of the above disclaimers may not apply to you.

LIMITATION OF LIABILITY

IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL REST REFRESHED OR ITS MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO ANY PARTY FOR ANY DIRECT OR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY NATURE (INCLUDING WITHOUT LIMITATION, LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS OF ANY KIND, LOSS OF OPPORTUNITY AND ANY PROPERTY DAMAGE, INJURY, ILLNESS OR DEATH), WHETHER IN CONTRACT, IN TORT OR OTHERWISE, EVEN IF REST REFRESHED HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING FOR DAMAGES ARISING IN CONNECTION WITH OR RELATING IN ANY MANNER WHATSOEVER TO: (A) this Site; (B) any content, information or goods accessed, offered, purchased or sold through this Site or their use, suitability or availability (including inability to use); (C) any transaction conducted on this Site; and (D) any unauthorized access to or alteration of your data or personal information.

EACH PROVISION OF THESE TERMS OF SALE THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THE AGREEMENT BETWEEN YOU AND REST REFRESHED. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND REST REFRESHED. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S). IF YOU ARE DISSATISFIED WITH THE SITE, ANY CONTENT ON THE SITE, OR THESE TERMS OF SALE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND DO NOT COMPLETE YOUR PURCHASE. YOU ACKNOWLEDGE, BY CLICKING YOUR ACCEPTANCE TO THESE TERMS OF SALE, THAT YOUR USE OF THE SITE AND ANY PURCHASE OR USE OF ANY ITEMS OFFERED FOR PURCHASE THEREIN IS AT YOUR SOLE RISK. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN.

If the above exclusion or any portion thereof is found to be invalid or unenforceable for any reason, then the aggregate liability of Rest Refreshed for damages of any nature or kind suffered by you shall in no event exceed the purchase price of your transaction for the item involved in your claim.

APPLICABLE LAW; DISPUTES

Rest Refreshed is located, and controls the Website, from its offices within the State of North Carolina. THE TERMS OF SALE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NORTH  CAROLINA, U.S.A., WITHOUT GIVING EFFECT TO THE CONFLICT OF LAWS PRINCIPLES OF ANY JURISDICTION.  ANY DISPUTE SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS LOCATED IN GUILFORD COUNTY, NORTH CAROLINA, U.S.A., AND YOU HEREBY IRREVOCABLY AGREE TO SUBMIT TO THE PERSONAL AND EXCLUSIVE JURISDICTION AND VENUE OF SUCH COURTS. THE MAKING OF CLAIMS OR RESOLUTION OF DISPUTES PURSUANT TO THESE TERMS OF SALE SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS SITE AND/OR THESE TERMS OF SALE WILL BE RESOLVED INDIVIDUALLY IN THE FORUM DESIGNATED IN THIS PARAGRAPH, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; AND (2) ANY AND ALL CLAIMS, JUDGMENTS, AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE. The Terms of Sale are not enforceable by any party except for Rest Refreshed and its customers.

ADDITIONAL TERMS AND RESOURCES

If you ordered your merchandise though this site, your use of the Website is subject to the Website Terms of Use. Any personally identifiable information provided to Rest Refreshed through the Website is subject to the Website’s Privacy Policy.

The various section headings used herein are inserted for convenience of reference only and shall not affect the meaning or be used in the interpretation of these Sales Terms or any section thereof. For purposes of these Terms of Sale: (a) the words “include,” “includes” and “including” shall be deemed to be followed by the words “without limitation”; (b) the word “or” is not exclusive; and (c) the words “herein,” “hereof,” “hereby,” “hereto” and “hereunder” refer to these Terms of Sale as a whole. If any term, provision, covenant, or condition of these Terms of Sale is held by a court or arbitral panel of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated. Rest Refreshed shall not be liable for any delay or failure to perform any of its obligations under these Terms of Sale if such delay or failure is due to causes beyond its control, including weather-related and other uncontrollable shipping delays. The delay or failure of Rest Refreshed to act with respect to a breach of these Terms of Sale by you or others does not constitute a waiver and shall not limit Rest Refreshed’s rights with respect to such breach or any subsequent breaches.

CHANGES TO TERMS OF SALE

The Terms of Sale applicable to your order are the Terms of Sale in effect on the date that you place your order, as made available to you when you complete the checkout process. Rest Refreshed may modify its Terms of Sale from time to time in accordance with applicable laws. Any such modification will apply to an order placed after the effective date of the modification. Therefore, each time you place an order with Rest Refreshed you represent that you have accessed, read and accepted the Terms of Sale applicable to and governing that order.