This website is operated by ZBDBed. Throughout the site, the terms “we”, “us” and “our” refer to ZBDBed. ZBDBed offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
If you are using this site on behalf of a company, entity or organization (collectively hereinafter “entity”), you represent and warrant that you are an authorized representative of that entity with the authority to bind that entity to these Terms. Further, you agree that the entity will be bound by these Terms.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3—COPYRIGHT AND TRADEMARK
Unless otherwise noted, all content included on this Site, including images, illustrations, designs, icons, photographs, video clips and written and other materials (collectively “ZBDBed Content”) is the property of ZBDBed or its licensors, partners or affiliates and is protected by United States and international copyright laws. The compilation of this Site is the exclusive property of ZBDbed and is protected by United States and international intellectual property laws. Any unauthorized use of any ZBDBed Content on this site is strictly prohibited and may violated copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes. You may use the materials or content on this Site only with our prior written and express authorization.
All trademarks, service marks and tradenames (collectively the “Marks”) that appear on this Site are proprietary to ZBDBed, or the other respective owners of such Marks. You may not display or reproduce the Marks in any manner without the prior written consent of ZBDBed. Further, you may not remove or otherwise modify in any manner any trademark notices from any content offered or received from the site.
To inquire about obtaining authorization to use the materials or content on this site, please contact us at firstname.lastname@example.org.
SECTION 4 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 5 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 6 - PRODUCTS OR SERVICES (if applicable)
The products offered on this Site are mattresses and other products used in connection with mattresses. As such, the products are intended to be used only as mattresses and in connection therewith. You agree that you will not use these products or their components other than for their intended use. You also understand that neither the mattresses nor any of their components are edible or otherwise appropriate or safe for human consumption.
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 7 – ORDERS; FEES AND PAYMENTS; SHIPPING; IN-HOME SETUP
Ordering: Orders should be placed through zbdbed.com. Every order requires an exact description of all the product’s details. ZBDBed assumes no liability for errors or damages caused by inaccurate or incomplete ordering details. All orders must be via zbdbed.com or called into 833-972-0900.
Payments: The price for Products available for purchase through this Site will be displayed to you on the Site. The Prices displayed do not include taxes. Prices for the Products may be displayed in US dollars or in local currency, depending on the location from which you purchase the Order. Any applicable taxes will be communicated to you before you place an order. Any and all present or future government charges, levies, or taxes on the equipment described herein shall be added to the price and paid by the Buyer
Payments for products purchased on this site will be processed through Pro Merchant, which accepts COD, major credit cards (Visa/ MasterCard / AMEX). Payments are also accepted through Quadpay for split payments.
ZBDBed provides pricing and products to be sold only in the USA, except for Idaho, Iowa and South Dakota. Any sales for the purpose of export, or sale outside the USA are not permitted and shall be restricted. Any violations of this limitation can result in the termination of any future purchasing rights at the sole discretion of ZBDBed. The Buyer agrees that it will not export or re-export the Product.
All ZBDBed product prices exclude freight, duties and taxes. There will be no charge for delivery to any state in the Continental United States in which ZBDBed is doing business. Additional delivery fees will apply to sales to Alaska and Hawaii.
In-home setup: For in-home setup and mattress removal, a customer or adult must be present at the scheduled time and delivery address. If no adult is present at the time of delivery, ZBDBed reserves the right to leave the package with a secure receiving authority such as a doorman, concierge, a buildings package center or any similar person or operation that, in ZBDBed’s judgment serves the same function. All mattresses removed using ZBDBed’s in-home setup procedures must be in sanitary condition. In-home setup fees are final and will not be refunded if the products are returned.
ZBDBed products that are in stock generally ship within 3 days. Expedited shipments may be available for a $75.00 handling fee. ZBDbed will contact the customer for confirmation and acceptance of expedited deliveries.
Drop Shipment Fee
Orders delivered to a difference location other than the sold to address will be charged a $75 fee per order.
Section 8 – RETURN AND EXCHANGE POLICY
You may request a return of your mattress within 100 nights after the delivery. We require a minimum trial of 30 nights before a return can be initiated. Your return time-frame begins based on the delivery confirmation date.
Only one return of any mattress per customer, household, and/or delivery address. Returns are valid on your first order only and only on Products purchased through this Site. You will be refunded for the cost of the mattress (less any discounts). Products may not be returned from outside the United States. In order to receive a refund, the mattress must be removed from your home by an authorized party of ZBDBed and confirmed by ZBDBed.
Products are not eligible to be returned unless they are free of stains, burns, cuts, tears, liquid damage or other soiling including odors, and are in donatable condition.
If you wish to return an unopened mattress, contact us within the first 100 nights and we will send you a return shipping label. Unopened returns must be sent back to ZBDBed.
Absolutely no refunds or returns will be granted after 100 nights.
Please call 833-972-0900 to initiate a return.
You have 100 calendar days to exchange your mattress from the date of delivery. Only one return or exchange of any mattress per customer, household, and/or delivery address.
If you would like to exchange your mattress for a new model, you must do so within the 100 night period. Please follow the Mattress Return Policy and procedures to receive a full refund of your original mattress purchase price. You may then place a new order for the mattress model for which you want to exchange. Please note that exchanged mattresses qualify as a second purchase and will not be eligible for a return or refund.
SECTION 9- ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 10 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 11 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 12 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 13 - PERSONAL INFORMATION
SECTION 14 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 15 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information impersonate another person or misrepresent your affiliation with a person or entity; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect, disclose or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
Further, you may not and agree not to (i) attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the Site, user accounts, or the technology or and equipment supporting the Site; (ii) frame or link to the Site without permission; (iii) use data mining, robots, or other data gathering devices on or through the Site; (iv) sell, transfer or assign any of your rights to use the Site to a third-party without our express written consent; or (v) post advertising or marketing links or content except as specifically allowed by these Terms.
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 16 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
PRODUCTS PURCHASED ON THIS SITE COME WITH A 10-YEAR WARRANTY. OTHER THAN AS EXPRESSLY PROVIDED IN THAT WARRANTY, YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, (A) YOUR USE OF THE SITE PRODUCTS IS AT YOUR SOLE RISK, AND THE PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES AS TO PRODUCTS OR SERVICES LISTED ON THE SITE, IMPLIED WARRANTIES OF MERCHANTABLITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS; (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY GOODS OR SERVICES AVAILABLE ON THE SITE WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE SITE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS ACCESSED AT YOUR OWN DISCRETION AND RIAK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE THAT RESULTS FROM THE USE OF SUCH MATERIAL.
TO THE EXTENT ALLOWED BY LOCAL LAW, EXCEPT FOR THE OBLIGATIONS SPECIFICALLY SET FORTH IN THESE TERMS, IN NO EVENT SHALL TESTO OR ITS THIRD PARTY SUPPLIERS BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, OR ANY OTHER LEGAL THEORY EVEN IF ADVISED OF THE POSSIBLITY OF SUCH DAMAGES.
ZBDBed reserves the right to make design or manufacturing changes at any time without prior notice and without incurring obligation to modify or change units manufactured or delivered prior to such changes.
IF YOUR ZBDBED PRODUCT FAILS TO WORK AS WARRANTED, THE MAXIMUM LIABILITY OF ZEDBED UNDER THESE TERMS IS EXPRESSLY LIMITED TO THE LESSER OF THE PRICE YOU HAVE PAID FOR THE PRODUCT OR THE COST OF REPAIR OR REPLACEMENT OF ANY COMPONENTS THAT MALFUNCTION IN CONDITIONS OF NORMAL USE.
EXCEPT AS INDICATED ABOVE, IN NO EVENT WILL ZEBBED BE LIABLE FOR ANY DAMAGES CAUSED BY THE PRODUCT OR THE FAILRE OF THE PRODUCT TO PERFORM, INCLUDING ANY LOST PROFITS OR SAVINGS OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. ZEBBED IS NOT LIABLE FOR ANY CLAIM MADE BY A THIRD PARTY OR MADE BY YOU FOR ATHIRD PARTY.
THIS LIMITATION OF LIABILITY APPLIES WHETHER DAMAGES ARE SOUGHT, OR A CLAIM MADE, UNDER THESE TERMS OR AS A TORT CLAIM (INCLUDING NEGLIGENCE AND STRICT PRODUCT LIABILITY), A CONTRACT CLAIM, OR ANY OTHER CLAIM. THIS LIMITATION OF LIABILITY CANNOT BE WAIVED OR AMENDED BY ZBDBED OR THE BUYER. THIS LIMITATION OF LIABILITY WILL BE EFFECTIVE EVEN IF YOU HAVE ADVISED ZBDBED OR AN AUTHORIZED REPRESENTATIVE OF ZBDBED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY, HOWEVER, WILL NOT APPLY TO CLAIMS FOR PERSONAL INJURY.
THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS THAT MAY VARY FROM STATE TO STATE OR FROM COUNTRY TO COUNTRY. YOU ARE ADVISED TO CONSULT APPLICABLE STATE OR COUNTRY LAWS FOR A FULL DETERMINATION OF YOUR RIGHTS.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless ZBDBed and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 18 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 19 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 20 -- NO CLASS ACTION
All claims must be brought in the parties' individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless we agree otherwise, your claim may not be consolidated with any other person's claims. You agree that, by entering into these terms, you and ZBDBed are each waiving the right to participate in a class action.
If the foregoing provision is found to be unenforceable, then you agree that the exclusive jurisdiction and venue described in Section ____ will govern any action arising out of or related to these terms or your use of the Site or its Products.
SECTION 21 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New Jersey of the United States. Any action by you against ZBDBed must be brought in the court of appropriate jurisdiction in Union County, New Jersey or the United States District Court of New Jersey. You consent to the exclusive jurisdiction of these courts and waive all claims of improper venue and jurisdiction. YOU WAIVE THE RIGHT TO TRIAL BY JURY WITH RESPECT TO ALL DEMANDS, CLAIMS, AND COUNTERCLAIMS RESULTING FROM THE PRODUCTS PURCHASED HEREUNDER.
SECTION 22 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 23 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 24 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at email@example.com.
By clicking on the link below, I acknowledge that I have read these Terms and agree to be bound by them.