Shipping & Delivery Policy
Welcome to palmspringsmattress.com. We appreciate all of our valued customers, visitors, and users of the palmspringsmattress.com website (the “Site” or “Website”). Please review our Terms of Use (the “Terms”) and our Privacy Policy (“Privacy Policy”) carefully because they govern your access to and use of the Site, as well as any services (“Services”) we may provide you through the Site. These Terms form a contract between you and Custom Mattresses Inc. (“Custom Mattresses,” “Us,” “We,” or “Our”).
READ THESE TERMS CAREFULLY BEFORE BROWSING THIS WEBSITE. USING THIS WEBSITE INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. YOU CANNOT USE THIS WEBSITE IF YOU DO NOT ACCEPT THESE TERMS.
NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING A CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH THE COMPANY. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.
RESERVATION OF CHANGES
We may change the Site and Services we offer and/or choose to modify, suspend, or discontinue this Website at any time without notification. We may also change, update, add, or remove provisions (collectively, “modifications”) of these Terms from time to time. We will inform you of any modifications to these Terms by posting them on this Website. Continued use of this Website following notice of any such modifications indicates you acknowledge and agree to be bound by the modifications. These Terms may be superseded by expressly-designated legal notices or terms located on particular pages of this Website. Unless otherwise stated, these expressly-designated legal notices or terms are incorporated into these Terms and supersede the provision(s) of these Terms that are designated as being superseded.
GENERAL USE
We invite you to use this Website for individual, consumer purposes (“Permitted Purposes”). In these Terms, we are granting you a limited, personal, non-exclusive, and non-transferable license to use and display the text, data, information, software, graphics, photographs, and other content (“Materials”) on the Sites; your right to use the Materials is conditioned on your compliance with these Terms. You have no other rights to this Website or any Materials, and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, or in any way exploit any of this Website or Materials in any manner. If you make copies of any of this Website while engaging in Permitted Purposes, you must keep copies of all proprietary notices as they appear. If you breach any of these Terms, the above license will terminate automatically, and you must immediately destroy any downloaded or printed Materials and any copies thereof.
USING THIS WEBSITE AND THE WEBSITE’S SERVICES.
We appreciate you visiting this Website and allow you to visit without registering. By using this Website, you represent, acknowledge, and agree that you are at least 18 years of age and agree to be bound by these Terms of Service. You also acknowledge and agree that any interactions, orders, or requests you make via telephone, chat, or through a customer service representative will be bound by these Terms of Service. In order to access certain password-restricted areas of this Website and use certain Services and Materials, we may require you to successfully register an account with Us.
PASSWORD-RESTRICTED AREAS OF THIS WEBSITE.
If you want an account with Us, you must submit the following information through the account registration page on this Website: 1) a working email address; 2) your first and last name; and 3) a password.
You may also provide additional, optional information so that we can provide you with a more customized experience when using this Website. Once you submit the required registration information, we alone will determine whether or not to approve your proposed account. If approved, you will be sent an email detailing how to complete your registration. For so long as you use the account, you agree to provide true, accurate, current, and complete information which can be accomplished by logging into your account and making relevant changes. If you forget your password, we will send a password update to your provided email address.
You are responsible for complying with these Terms when you access this Website, whether directly or through any account that you may set up through or on this Website. Because it is your account, it is your job to obtain and maintain all equipment and services needed for access to and use of this Website, as well as paying related charges. It is also your responsibility to maintain the confidentiality of your password(s), including any password of a third-party site that we may allow you to use to access this Website. Should you believe your password or security for this Website has been breached in any way, you must immediately notify Us.
PAYMENTS
You agree to pay all applicable fees related to purchases made on this Website. We may suspend or terminate your account and/or access to Our Services and this Website if your payment is late and/or your offered payment method (e.g., financing, credit card, or PayPal) cannot be processed. By providing a payment method, you expressly authorize Us to charge the applicable fees on said payment method as well as taxes and other charges incurred thereto at regular intervals, all of which depend on your purchases. We partner with financing providers such as Affirm to offer financing of purchases on our Site. If you select to make a purchase using the Affirm financing option, your purchase will be subject to Affirm’s Terms, including completion of a credit check and approval. See Affirm – Help for details.
We understand that you might cancel your account, but please know that we will only provide refunds in accordance with the “Cancellations, Returns, Exchanges, and Refunds” section below. Risk of loss and title for products you purchase from Us pass to you upon delivery of any such products to the carrier. You are responsible for filing any claims with carriers for damaged or lost shipments.
CANCELLATIONS, RETURNS, EXCHANGES, AND REFUNDS.
You may cancel an order any time prior to processing. You may return any of your products for a full refund (not including fees for shipping and/or White Glove Service) subject to the terms and conditions for returns for each of our products. Our return and refund policies for our products, which are incorporated into these Terms, are available on our Site.
We reserve the right to reject any and all orders for any reason.
Refunds will be issued in the form of the original payment. If you purchased a product using an Offer Code (as defined herein), the dollar value of the Offer Code will not be refunded or credited back if any or all products are returned.
Unless a product exchange is requested due to a manufacturing defect or a warranty claim, exchanges are processed as returns and refund requests are processed as described herein. After returning the product to be exchanged, you may place an order for the replacement product. You may only request one exchange. Repetitive or similar warranty or defect claims will not be honored on any replacement products. No refunds will be given for shipping fees or for White Glove Service fees on product exchanges or returns.
If you wish to return any products you purchased from us, please contact Customer Service by email at support@spencerscustommattress.com to arrange for the return. Once the products have been returned and if such products fulfill the terms and conditions herein, you will be refunded the entire amount paid for such products less (i) any offer code or other discounts, (ii) fees for shipping, and (iii) fees for Gold Star Services.
GOLD STAR SERVICE.
We offer Gold Star delivery of some of our larger furniture products (“Gold Star Services”). For Us to provide you Gold Star Services, an adult over the age of 18 years must be present at the delivery address at the scheduled time. If no adult is present at the time of delivery, we reserve the right to leave the package with a secure authority or at a secure location, at Our sole discretion. All mattresses removed using the Gold Star Services must be in sanitary conditions. All fees for Gold Star Services are non-refundable after we ship the products to the Gold Star Service provider and cannot be refunded in the event you return any products.
OFFER CODES.
From time to time, we may offer qualified consumers offer codes (“Offer Codes”) through various communications and advertising channels that are redeemable towards a purchase on the Website, while supplies last, and subject to certain product exclusions or any other restrictions as determined and communicated by Us in Our sole discretion. Only valid Offer Codes provided by Us and fulfilling the terms of such Offer Code will be honored at checkout. Offer Codes supplied by a third party unauthorized to provide such Offer Codes by Us will not be considered valid. Each Offer Code is non-transferable and valid for single use on an item as provided in the terms and in Our sole discretion. Offer Codes cannot be used towards taxes. Offer codes may be subject to a minimum purchase requirement. Please see the requirements on minimum purchases that accompany the delivery of your Offer Code. The Offer Code must be provided in the applicable box at checkout when purchasing the product. We are not responsible for lost, stolen, or corrupted Offer Codes or any unauthorized use of the Offer Codes. Offer Codes cannot be redeemed for cash or any cash equivalent; no substitutions or credits allowed. The dollar value of any Offer Code will not be refunded or credited back if any or all of the products are returned. Offer Codes may have expiration dates and we may decide to stop accepting any Offer Codes or stop any promotion at any time for any reason in Our sole discretion. Offer Codes are void if copied, transferred, sold, exchanged, or expired and where prohibited. Requests not complying with all
