Terms and Conditions
Brooklyn Bedding terms and condition of use.
PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMER CAREFULLY BEFORE USING THIS WEB SITE (this "Site"). By using this Site, you agree to the following terms of use. If you do not agree to these terms, you may not use this Site. Brooklyn Bedding reserves the right, at any time, to modify, alter, or update these Terms of Use. By accepting our terms of use, you agree to be bound by such modifications, alterations, or updates.
GENERAL
The information contained in this Site, including but not limited to the rules that govern the use of the Site, is subject to change without notice. Your use of the Site following any such change constitutes your agreement to follow and be bound by the rules as changed.
COPYRIGHTS AND TRADEMARKS
This website and its contents are intended for your personal use. Unless otherwise noted, all content on this site, including text, graphics, logos, button icons, images, audio clips, and software, is the property of Brooklyn Bedding and protected by United States and international copyright laws. All software used on this site is the property of Brooklyn Bedding and protected by United States and international copyright laws. Third Party content providers also own copyrights in the content original to it. You may not modify, publish, adapt, transmit, participate in the transfer or sale, exhibit, distribute, display, reverse engineer, recompile, dissemble, perform, reproduce, create derivative works from, or in any way exploit any of the site content, on this site, in whole or in part. You may download or copy one copy of the site content for personal, noncommercial use only, provided that no changes in or deletion of author attribution, trademark, legend, copyright notice, or other proprietary notices shall be made. Downloading or copying site content for other than personal, noncommercial use is expressly prohibited without the prior written permission of us or any other copyright owner. You acknowledge that you do not acquire any ownership rights by downloading or copying any of the product listings, descriptions, or prices, nor may you frame or utilize framing techniques to enclose any trademark, logo, or copyrighted material from the site or use any meta tags or any other hidden text utilizing our names or trademarks, without our express written consent.You shall be solely responsible and liable for any and all damages resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any uploading, posting or submission of your content on the Site.The Brooklyn Bedding website and logo are service marks of Brooklyn Bedding, LLC. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
OUR ELECTRONIC COMMUNICATIONS TO YOU
You agree to receive communications from us electronically. We will communicate with you by e-mail. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
ORDER ACCEPTANCE
The receipt of an order number or an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Brooklyn Bedding reserves the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any customer. Verification of information may be required prior to the acceptance of any order. Prices and availability of products on the Site are subject to change without notice.
PRODUCT DESCRIPTIONS
Brooklyn Bedding and its affiliates attempt to be as accurate as possible. However, we do not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. *Mattress sizes can vary by size approximately +/- 1-1.5″ inches. This is industry standard.
Errors will be corrected when discovered, and Brooklyn Bedding reserves the right to revoke any stated offer and to correct any errors, inaccuracies, or omissions (including after an order has been submitted). In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account in the amount of the charge. We apologize for any inconvenience this may cause you.
AGE RESTRICTIONS
Our websites are general audience sites. Children under the age of 13 should always ask their parents or guardians for permission before providing any personal information to anyone online. We urge parents and guardians to participate in their children's online activities and use parental control or other web filtering technology to supervise children's access to the web. By making a purchase, you are agreeing that you are at least 18 years of age (or supervised by a legal guardian) and legally bound to these terms and conditions.
USE OF SITE
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including an Brooklyn Bedding or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
LINKS TO OTHER SITES
Brooklyn Bedding makes no claim or representation, and accepts no responsibility, regarding the quality, nature, or reliability of the sites accessible by hyperlinks from this Site, or Web sites linking to this Site.
SHIPPING POLICY
To view our shipping policy, please see our Shipping Policy.
CANCELLATION POLICY
Before order is shipped: If an order has not shipped there will be no cancellation fees.
After order is shipped: If an order is canceled after it has shipped, or if it is refused upon delivery for reasons other than damage, you will be liable for the following:
- 15% Restocking Fee
- All shipping fees that include the cost of shipping the products(s) out to you and the cost of bringing the product(s) back to our distribution center.
- Cancellation fee (see below)
Cancellation Fees
- All shipped or refused orders between $500 and $2000 will impose a $39 cancellation fee.
- All shipped or refused orders $2000 and over will impose a $100 cancellation fee.
- Orders that are cancelled after they have shipped do not qualify for free shipping.
This policy applies to all orders including orders that qualified for free delivery. Our free shipping policy is designed to ensure comfort confidence. Please measure your bed frame and/or platform prior to ordering. Ordering the correct size, model, and thickness of a mattress is the responsibility of the customer.
CONTESTS & ELIGIBILITY
BrooklynBedding.com may run contests from time to time. A purchase is not required and you can enter any product specific contest by submitting the required material. Contest rules and requirements may be altered at any time at our discretion. If you have any additional questions, please email support@brooklynbedding.com.
RETURN GUIDELINES & ELIGIBILITY
Please see our Return Policy.
DAMAGED/DEFECTIVE PRODUCTS
We take great care in getting your products to you as quickly and safely as possible. However, we ask that you please exhibit due diligence when signing for delivery.
If the item is damaged
If damage is found, clearly note it on the delivery receipt and write "refused due to damage." Do not accept delivery. Be sure to keep your copy and contact us immediately.
If you suspect damage, please call us before signing the delivery receipt. By signing for the delivery, you state that you accept the product in its present condition.
If, upon opening a package, you find damage or defect related to the product, you must notify us within 5 business days.
For oversized delivery items, do not accept delivery if you suspect damage. Damage must be documented on the refused delivery paperwork. Please refer to the "Oversized Delivery" section.
After 5 business days all products will fall under the warranty of their respective manufacturer. Please refer to any warranty information that came with your items for further instructions.
In select Arizona and Utah locations, additional fees may apply to the following:
- Redelivery: If you miss your delivery appointment, the freight carrier may charge you a fee ranging from $25-$125. The decision to redeliver is solely that of the freight carrier. Your item(s) may be redelivered to Brooklyn Bedding if you miss you appointment or if the freight company is unable to contact you. In the event this occurs, the cost of return shipping may be deducted from your refund. Please see the "Refused Delivery" section.
- Storage charges: You have 1 business day to respond to the freight carrier once they contact you to arrange delivery. If the freight carrier has not heard from you and needs to store your item(s), you may be charged storage fees up to $50/day. Storage fees may also apply if you are not able to accept delivery within 3 business days of the carrier contacting you.
- Refusal of delivery: You will be responsible for the total shipping costs for the refusal/return of any non-defective or undamaged item(s) 30 days after purchase. This includes shipping to you and return shipping. Adjustable beds may also incur a restocking fee of 15% of the item's price. Return shipping fees are to be paid directly to the freight company prior to shipment. If fees are not paid in advance, they will be deducted from your refund.
- Extra labor fees: If you would like your item(s) to be carried into your home or up any stairs, additional fees may apply. Additional fees also may result if your home/business has a steep slope leading to the entrance way.
By purchasing an oversized item, you authorize Brooklyn Bedding and/or the freight carrier to assess any additional fees as necessary to credit card according to the fee schedule above.
WARRANTIES AND DISCLAIMERS
Brooklyn Bedding intends for the information and data contained in the Site to be accurate and reliable. However, since the information and data have been compiled from a variety of sources, it is provided "AS IS." You expressly agree that your use of this site is at your sole risk. Brooklyn Bedding, LLC EXPRESSLY DISCLAIMS all warranties and/or conditions, express or implied, as to any matter whatsoever relating to or referenced by this site, including, but not limited to, the implied warranties and/or conditions of merchantability or satisfactory quality and fitness for a particular purpose and non-infringement. You can learn more about product warranties by visiting http://www.brooklynbedding.com/warranty-information.
INDEMNIFICATION/LIABILITY NOTICE
IN NO EVENT SHALL Brooklyn Bedding OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DISTRIBUTORS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE BE LIABLE TO ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF Brooklyn Bedding HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the Site. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.
APPLICABLE LAWS
This Web site is operated by Brooklyn Bedding from its offices in Phoenix, Arizona, USA. The law of the State of Arizona shall govern these terms and conditions, without reference to its choice of law rules. Brooklyn Bedding makes no representation that the information in the Site is appropriate or available for use in other locations, and access to the Site from territories where the content of the Site may be illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of our Site and your purchase of products or services through our Site. We may, in our sole discretion, report actual or perceived violations of law to law enforcement or appropriate authorities. If we become aware, through a complaint or otherwise, of any potential or suspected violation of these Conditions of Use or the our privacy policy ("Privacy Policy"), we may (but are not obligated to) conduct an investigation to determine the nature and extent of the suspected violation and the appropriate enforcement action, during which investigation we may suspend services to any customer being investigated and/or remove any material from our servers. You agree to cooperate fully with any such investigation. You acknowledge that violations of the Conditions of Use or the Privacy Policy could be subject to criminal or civil penalties.
Use of this site constitutes acceptance of our Terms of Use. All rights reserved.
