Terms and Conditions
Terms and Conditions 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. eSleepMasters 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.
Copyright & 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 eSleepMasters.com and protected by United States and international copyright laws. All software used on this site is the property of eSleepMasters.com 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, decompile, 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 eSleepMasters Web site and logo are service marks of Sleep Masters, Inc. 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. eSleepMasters 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 eSleepMasters.com 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.
Errors will be corrected when discovered, and eSleepMasters 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. If you are not completely satisfied with your purchase you may return it as described in our Return policy.
Age Restriction Our web sites 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 eSleepMasters.com 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 Web Sites eSleepMasters 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.
Cancellation Policy
Cancellation after 0-24 hours
- No fees will apply for orders canceled up to 24 hours after you initially placed them.
Cancellation after 24 hours- Until Order is Shipped
Fee schedule for orders canceled after 24 hours, but before order has shipped:
- Orders for $0-$100.00- 5% Fee
- Orders for $100.01-$500.00- $19.00 Fee
- Orders above $500.01 - $39.00 Fee
Cancellation after Order is Shipped or Refusal of Delivery
- If you require the cancellation of an order after it has been shipped (but before it has been delivered), you will be responsible for the above fees and for shipping fees incurred both ways. This includes shipping to your address and return shipping back to eSleepMasters.
-
For Adjustable Beds: You are responsible for a 20% Restocking Fee and for shipping fees incurred both ways. This includes shipping to your address and return shipping back to eSleepMasters.
-
This policy applies to all orders and includes orders that were shipped with promotional or complementary free shipping.
Damaged/Defective Products
Oversized Standard Delivery Policy
Oversized White Glove Delivery Policy
Some products have the option to be delivered via White Glove Delivery service, which can be chosen from the product page before checkout if available. When the freight company calls to schedule delivery, you may be able to add additional services. Please note that there may be an additional fee for your optional requested services.
White Glove Service includes:
- Delivery up to two flights of stairs
- Unpacking of item(s)
- Removal of packaging debris
- Limited product set up (15 minutes)
- No use of tools
- Please Note: you must thoroughly inspect the assembled product before signing the delivery slip. Clearly note any damage, blemish or defect on the delivery paperwork and refuse delivery.
- Signing for White Glove Delivery without stating any problems on the delivery paperwork will indicate that the item(s) were in good condition after assembly. eSleepMasters, our freight carriers, and our suppliers are not responsible for any defects, damages, or blemishes (such as tears, scuffs, or holes) that are not noted on the delivery paperwork.
Additional fees may apply for 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 eSleepMasters 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 will 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. This includes shipping to you and return shipping. Adjustable beds will also incur a restocking fee of 20% 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 entranceway. These fees are usually around $25-$50 and are negotiated and paid directly to the driver. extra options are not available in all areas.
By purchasing an oversized item, you authorize eSleepMasters and/or the freight carrier to assess any additional fees as necessary to credit card according to the fee schedule above.
Warranties and Disclaimers eSleepMasters 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. Sleep Masters, Inc. 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.
Memory foam Mattress Warranties: The Classic, Deluxe, Rhapsody, Elegance and Novaro mattresses have 20 Year warranty , 10 year full warranty (100%) and 10 year prorated (50%) from the date or original purchase. In the event your mattress becomes defective, at our discretion, we will repair your mattress subject to a handling charge or replace the mattress. All transportation costs are the responsibility of the purchaser. Softening of the foam or lessening of the recovery time of the visco-elastic memory foam layer can occur during the normal break in period. This is a normal characteristic of the foam and does not imply a defect, affect the purpose of or lessen the benefits from said foams.
This warranty is subject to the following limitations:
- Warranty covers deterioration of the cell structure resulting in a visible indentation of the mattress greater than three quarters (0.75”) of an inch not resulting from a defect in the foundation or bed platform. Defects resulting in a splitting or cracking of the material, with normal usage and handling, are also covered.
- Your eSleepMasters mattress is designed to be used on a solid wood, non-spring, flat foundation or bed platform. Use or substitution of other unapproved manufacturers foundations or box spring units will void your eSleepmasters warranty and all other warranties expressed or implied. In the event of a claim, you may be required to provide proof of the quality and suitability of the foundation provided to your mattress.
- This warranty does not apply to damage of the mattress, mattress cover or foundation due to improper installation, abuse, neglect or misuse of the product resulting in physical damage or premature breakdown of the components. Damage caused by, but not limited to, burning, cutting, tearing, moisture saturation or unsanitary conditions will void your warranty.
- This warranty is valid only to the original purchaser. Resale of your mattress product is “AS IS” with “NO WARRANTY” implied or authorized by the manufacturer.
Air Beds Warranty:
All Air Mattresses are warranted by their respective manufacturer, through which all claims must be placed. Each bed will come with warranty information upon delivery. Warranty specifications may be viewed under the “Warranty” tab on the product page. By purchasing the product, you agree to and accept these terms.
Adjustable Beds:
Adjustable beds are warranted by their respective manufacturer, through which all claims must be placed. Each bed will come with warranty information upon delivery. Warranty specifications may be viewed under the “Warranty” tab on the product page. By purchasing the product, you agree to and accept these terms.
All other products:
Any other product on our site with an expressed or implied warranty is warranted by their respective manufacturer. eSleepMasters accepts no liability for manufacturer warranty claims. Warranty specifications may be viewed under the “Warranty” tab on the product page. If no warranty is expressed or implied in writing, then there is no warranty on the product. By purchasing the product, you agree to and accept these terms.
In Home Trials Choosing the perfect mattress is an important decision, after all, you spend nearly a third of your life in bed. We also believe that you cannot know if a mattress will be comfortable until you have tried it out in your home for several nights.
We are so confident that you will love our mattresses that when you decide to purchase a Sleep System from eSleepmasters, we offer a 30-night in home trial for:
- Star Series Air Sleep Systems
- Evolution, Royal, and Milan Memory foam
and a 90-night in home trial for:
- Classic, Deluxe, Rhapsody, Elegance and Novaro mattresses.
Simply put, try out any one of our mattresses in your home for up to 30 or 90 days, and we will issue you a 100% refund on your purchase. Your only responsibility will be to ship the mattress back to us within the In Home Trial Period.
Return Guidelines:
The above specified mattresses are returnable within 30 or 90 days of receipt (see above for model guidelines). Adjustable beds/frames, pillows, cushions, and all other accessories do not have a trial period and are non-returnable.
-
You are responsible to return the products to us. That is the only expense you are responsible for. (A common question is “what is the cost to send back the mattress?”. While the price will vary based on your location, most of our mattresses are UPS able, and thus return shipping is rather minimal.
-
We ask that you try out the product for a minimum of two weeks.
-
It can often take at least this long for your body to adjust to a sleep system that provides proper support and alignment.
-
You must call us prior to returning the product in order to receive an RMA (Return Merchandise Authorization) number. We will not accept the return without this RMA number.
-
All returns must be sent to our warehouse.
-
All products and parts must be returned in LIKE NEW condition, free from odors and stains.
-
For more information, feel free to Contact Us
Indemnification/Liability Notice IN NO EVENT SHALL eSLEEPMASTERS 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 ESLEEPMASTERS 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 Sleep Masters, Inc. from its offices in Mesa, Arizona, USA. The law of the State of Arizona shall govern these terms and conditions, without reference to its choice of law rules. Sleep Masters, Inc. 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.
|