Welcome to our online store. We are excited about providing you the most enjoyable shopping experience possible, but first you should read the following terms and conditions. National Mattress Outlet Plus + (“NM”, “we”, “us” or “our”) provides our services to you subject to the following conditions. If you visit or shop within this website, you agree to accept these terms and conditions. Please read these terms carefully. If you do not agree with these terms and conditions, do not access or use our site and services.
OTHER TERMS MAY ALSO APPLY
In addition to other site policies incorporated by reference as described in these terms and conditions, you may be subject to other terms when using our website. For example, if you are a retailer and want to use our online marketplace to sell your products, you will enter into a separate Marketplace Terms and Conditions agreement with us.
All content included on this site, such as text, graphics, photographs, logos, button icons, images, audio clips and software (“Content”), is the property of NM and protected by Canadian and international intellectual property laws. The compilation and layout of the Content is the exclusive property of NM and is protected by Canadian and international intellectual property laws. The Content may solely be used for your personal, non-commercial use as a shopping resource. Any other use of the Content, including but not limited to reproduction, modification, distribution, transmission, display or performance, is strictly prohibited. Derivative works and other unauthorized copying or use of stills, audio, and video footage, including the re-transmittal of downloaded programs, graphics, and other materials, are expressly prohibited.
The trademarks, service marks or logos displayed on this website (collectively, the “Marks”) are registered and unregistered trademarks of NM or of our licensors, such as our online retailers. Nothing in these terms and conditions should be construed and granting any license to use any Marks without the express permission of NM or the applicable trademark owner. Unauthorized use of any Marks are prohibited, and may be a violation of Canadian and international trademark laws. You acknowledge that you do not acquire any ownership rights by using our site or services.
This site is provided by NM on an “AS IS” basis. NM makes no representations or warranties of any kind, express or implied, as to the operation of this site and the services it offers. To the full extent permissible by applicable law, NM and its respective directors, officers, agents, partners, employees, representatives, licensors and licensees disclaim all warranties, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. NM disclaims all liability, whether based in contract, tort (including negligence), strict liability or otherwise, and further will not be liable for any damages of any kind arising from the use of this site the Content, or the products or services offered or sold through the site, even if NM has been advised of the possibility of such damages, including but not limited to, direct, indirect, incidental punitive and consequential damages. In no event will national mattress be liable to you or anyone else for any decision made or action taken by you or anyone else in reliance upon the information provided through the marketplace.
Items listed on our site are not guaranteed to be in stock. Please feel free to call us to verify the availability of an item you are interested in. NM does not warrant the accuracy or completeness of prices, items, descriptions, colors, graphics, links or other items contained on this site. We reserve the right to refuse to honour internet pricing that was provided in error.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain warranties and/or liabilities. Accordingly, some of the above limitations or exclusions may not apply to you.
You agree to indemnify, defend and hold NM and our respective directors, officers, agents, partners, employees, representatives, licensors and licensees harmless from any damages, loss, liability, costs and expenses (including reasonable attorneys’ fees), incurred in connection with any third party claim, or demand due to or arising out of your access or use of this website, the products and services it offers, and/or breach of these terms and conditions or your violation of any law or the rights of such third party.
ELECTRONIC COMMUNICATIONS & PRIVACY
NOT INTENDED FOR MINORS
The NM site and services are not intended for use by individuals under the age of majority in their province or territory of residence (a “Minor”) unless a Minor has obtained prior consent by a parent or guardian to use our site or services. Use of our site or services by a Minor without such consent is strictly prohibited. NM specifically disclaims any and all responsibility or obligation to monitor or verify the age or legal status of any user. NM will have no liability resulting from any use of our site or services by any Minor.
You agree that these terms and conditions and your use of the National Mattress Outlet site, including any disputes that might arise between you and NM or its associates, is governed by laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to principles of conflict of laws.
Any dispute relating in any way to your visit to NationalMattress.ca or to products or services you purchase through NM shall be submitted to confidential arbitration in the Province of Ontario, Canada, except that, to the extent you have in any manner violated or threatened to violate NM’s intellectual property rights, NM may seek injunctive or other appropriate relief in any provincial or federal court in the Province of Ontario, Canada, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the Canadian Arbitration Association. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
We reserve the right to seek all remedies available at law and in equity for violations of these terms, including without limitation the right to block access from a particular internet address.
RISK OF LOSS
All items purchased through our site are made pursuant to a shipment contract. This basically means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
PRODUCT DESCRIPTIONS AND PRICING
NM attempt to be as accurate as possible in the description of its products and services. However, NM does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by NM itself is not as described, you agree that your sole remedy is to return it in unused condition.
NM reserves the right to change item pricing or information at any time. As a result, prices on our website may not be accurate. If an item is ordered from our site before we have updated our prices, the purchaser will be notified and given the option to cancel or pay the revised price (whether higher or lower). If the price of an item is lowered after a purchase transaction is completed, NM will not refund the difference to the customer.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
ACCEPTABLE USE POLICY
In order to experience all the services we offer on our site in a friendly environment, we have established the following rules of use. You agree you will not:
- violate, plagiarize or infringe on our rights or the rights of any third party, including copyright, trademark, privacy, contractual or other personal or proprietary rights;
- use the site for any commercial purpose or for the benefit of any third party on in any manner not permitted by these terms and conditions;
- remove any proprietary notices or labels on the site or the Content;
- transmit any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, or other form of solicitation through our site;
- engage in any conduct which we, in our sole discretion, deem to be detrimental to our interests, including, without limitation, acting or failing to act in a manner contrary to these terms, or intentionally interfering with the site or our computer systems;
- collect, store, or attempt to collect or store, any personal information from the site of other retailers and customers without their express permission;
- impersonate or misrepresent your affiliation with any person or entity;
- violate any applicable law or regulation; or
- encourage or enable any other individual to do any of the foregoing.
Engaging in prohibited conduct described above may subject you to civil liability and criminal prosecution under applicable laws and constitutes a breach of these terms. We reserve the right, in our sole discretion, terminate or suspend your access to all or part of this site, the Content and/or any products or services offered through the site for any reason, including, without limitation, your breach of these terms and conditions.
SHIPPING AND DELIVERY
We want your experience at NM to be outstanding. In doing so, you need to read the shipping and delivery process we use. We offer free shipping to the all Provinces in Canada on all orders over $199.00. Orders under $199.00 are subject to a flat rate of $45.00 shipping to all Provinces in Canada. Additional rates such as duties and tariffs will apply to Northern Canada including Yukon, Northwest Territories, and Nunavut, and international orders.
Our service standard for all in-stock orders is approximately 3-5 business days to be shipped. Any custom orders will take approximately 1-2 weeks. Direct shipments are made to Provinces in Canada only. Special provisions apply to shipments to Northern Canada including Yukon, Northwest Territories, and Nunavut, and international orders. Shipments to Northern Canada including Yukon, Northwest Territories, and Nunavut, and international orders are not eligible for free shipping, and the customer is responsible for all duties and tariffs on shipments to those areas.
We reserve the right to choose which third party carrier will deliver your shipment. We do not, however, control the shipping companies. Once a shipment is in the hands of the delivery company, we cannot change shipping addresses or guarantee a delivery day or time, and we can only approximate delivery times as we only have the information the delivery company makes available to us.
All local mattress shipments, unless specifically denoted, are curb-side shipments. All larger shipments, shipped via freight carrier, will require a signature at the time of delivery. It is up to you if you wish to authorize the shipping company to leave the delivery without a signature. In any event, NM cannot be held responsible for damages that may occur during delivery.
We also offer White Glove Service on delivery of some products. This shipping option allows you to receive this delivery service if available in your area. Additional charges may apply; please contact us to discuss this option.
If an item is shipped and returned noted as undeliverable due to an incorrect address, you will be responsible for the shipping cost both ways. Orders for larger items that must ship freight require the shipping company to contact the customer prior to delivery. If the product is returned because the freight company could not reach the customer, this will be considered a return, and the order will be subject to our regular Shipping and Return policies.
All shipments to Northern Canada including Yukon, Northwest Territories, and Nunavut, and other international orders are sent via UPS Worldwide Express, and as such require an individual quote. If you order via the phone, you will be notified of the extra shipping before you place your order. If you order online, a customer service representative will contact you shortly after your order is placed with the additional shipping charges (before the item is shipped).
We do not ship items directly to USA, however we will ship to your desired Canadian-based freight forwarder. We recommend you first contact the desired freight forwarder to obtain their shipping and receiving processes. You will be responsible for all duties and tariffs on US shipments, along with coordinating with the freight forwarder for delivery to the final destination. Please call 1-800-631-4883 for assistance, otherwise enter the shipping address provided by your US-based freight forwarder.
Fully inspect your shipment before signing for and accepting delivery. You must note any packing damage and damage to the item(s) on the delivery form and call us within 24 hours to report the damage, so that we can make arrangements for a return/replacement (at no cost to you). If you receive a pallet with multiple boxes, ensure all the boxes are on the pallet. Do not install or use the damaged item(s) if you intend to request a return or replacement. Damaged returns need to be made in new, never installed and unused condition along with all product literature, original packaging materials and blank warranty cards. NM is not responsible for any damage not noted and not reported within 24 hours of the scheduled delivery.
RETURNS & EXCHANGES
Please be assured that all mattresses come with the original manufacturer warranty. So any potential problem related to a defect can be handled through the warranty and won’t need to be returned. We will be glad to assist you with any warranty concerns. Your purchase is backed by our 90 Night Comfort Guarantee. To exchange an order, call us at 1-800-631-4883, or call your local NM store.
Please be sure to check the vendor page for additional terms and conditions for returns and changes; they may differ slightly from NM’s default policy described in these terms. Generally, exchanges will only be accepted for products which are new, and in unstained condition along with all product literature, original packaging materials and blank warranty cards. There will be NO REFUNDS once an item is opened. Refunds will only be issued on unopened items, within 48 hours of pickup or scheduled delivery. Once an item is opened, the 90 Night Comfort Guarantee will only be valid. Please remember that incurred shipping and handling expenses are non-refundable on all refunds. All sales are final on closeout and clearance items.
If you require an exchange, you may either purchase the new item immediately (in which case the new item will be shipped ASAP) or once the return item is received pursuit to our exchange policy, a refund will be issued.
PAYMENT & SALES TAX
We use a payment processing gateway through PayPal (“Payment Processor”) with the highest security standard and trust factor with our customers. We utilize many of PayPal’s fraud filters to deny and/or flag possible fraudulent transactions. However, even with these fraud filters in place there is still a chance that a fraudulent transaction may slip though our system. We try our best to monitor each and every transaction and notify you if a transaction that could be fraudulent has been accepted by our system. We will do our due diligence to verify if suspicious transactions should be shipped.
Our Payment Processor is available to us with the necessary software and application-programming interface (API) that allows users to submit orders and make purchases. We ensure that our Payment Processor will only store purchase transaction data as long as is necessary to complete the transaction and to fulfill its obligations under applicable laws, banking providers and credit card processors rules and regulations.
For more information about our Payment Processor and the security measures they employ, please see: www.paypal.com.
When you make a purchase on our website, you agree to pay, and authorize our Payment Processor to charge using your selected payment method and payment plan, for all applicable fees and taxes that may accrue in relation to your purchase. All fees are in either in Canadian or US Dollars (as indicated at the time of purchase) and are non-refundable except as required by law (or in accordance with our returns policies, if applicable). NM is not responsible for charges or foreign exchange rates applied by your credit card company and/or financial institution. You are responsible for providing complete and accurate billing and contact information to us.
We must collect sales tax from our Canadian Customers. If you are located outside of Canada we may help you determine what tax is incurred and how best to remit to your local Department of Revenue. Please contact us for assistance.
If you have any questions or concerns about these terms and conditions, please contact us at firstname.lastname@example.org.