Terms & Conditions

This Terms and Conditions page covers the details of purchasing a product from Sleepwell. Just some of what you will find below concerns:

Payment and Shipping

Refunds

Liability and Disputes

Effective Date of Current Policy: June 13, 2019

These terms and conditions (the “Terms”) govern the relationship between Sleepwell Mattress (“Sleepwell”, “we”, “us” and “our”) and the visitors of the Website (as defined below) and purchasers of a Product (as defined below) (“You”). Our website is provided for you to browse and purchase a Product. BY ACCESSING THE WEBSITE AND SLEEPWELL SERVICES YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THE TERMS AND CONDITIONS IN THESE TERMS AND THESE TERMS ARE A BINDING CONTRACT BETWEEN YOU AND SLEEPWELL. BY USING THE SERVICES, YOU AGREE TO EACH TERM SET FORTH BELOW. IF YOU DO NOT AGREE WITH ANY TERM OR CONDITION SET FORTH BELOW, DO NOT USE THE SERVICES FOR ANY PURPOSE. IF YOU HAVE ANY QUESTIONS, CALL US AT 1-800-638-0520.

A. Definitions
“Agreement”, means these Terms; the Sleepwell Warranty (“Warranty”) and the Privacy Policy, both of which are hereby incorporated into this Agreement.

“Products”, means any Sleepwell mattresses or other product sold via Sleepwell.com or a Sleepwell authorized retailer.

“Website” means the website located at the Uniform Resource Locator Sleepwell.com.

B. Eligibility
Only adults over the age of eighteen (18) are permitted to use the Website and purchase the Products. IF YOU ARE UNDER 18 YEARS OF AGE, DO NOT USE OR ACCESS THE WEBSITE.

C. Payment
We only accept credit cards or debit cards with a credit network logo as payment for your orders. We accept Visa, MasterCard, Discover and American Express. A pre-approval for the order total may be obtained to process your order. We will complete the credit card charge to you on the day of shipment. If you use a debit card and your purchase results in an overdraft fee or other fee from your bank you are responsible for the fees.

Prices displayed on the website do not include sales tax. During checkout we will calculate your sales tax based on your shipping information. We currently collect sales tax in the following states: Maryland, Virginia, West Virginia, Pennsylvania, Tennessee, New York, New Jersey, North Carolina and the District to Columbia.

D. Shipping
Free standard shipping is included with your purchase to locations east of the Mississippi including: Alabama, Connecticut, Delaware, District of Columbia, Florida, Georgia, Illinois, Indiana, Kentucky, Maine, Maryland, Massachusetts, Michigan, Mississippi, New Hampshire, New Jersey, New York, North Carolina, Ohio, Pennsylvania, Rhode Island, South Carolina, Tennessee, Vermont, Virginia, West Virginia, Wisconsin. Shipment from our Maryland factory will occur as soon as possible following the purchase transaction. We will communicate your tracking number to you at time of shipment; you are responsible for tracking your order. You agree and acknowledge that delays over which we have no control may occur, including lost or damaged shipments once we have dispatched your bed to the shipping company (UPS). If you discover an issue with your shipment while in-transit, you are responsible for filing/making a claim regarding the matter directly with the shipping company. Similarly, if your bed arrives damaged, you are responsible for filing/make a claim for a damaged item.

E. Variation of Mattress Size and Specification
Our mattresses use premium materials including memory foam and gel infused material. Due to the nature of these premium materials, the size and weight of each mattress may vary from those posted on the Website.

F. Sleepwell Mattress-in-a-Box Limited Warranty
Your mattress is warranted against manufacturing defects in workmanship and materials. If you observe a defect, contact Sleepwell at 301-322-1000; ask for customer service. We will try to determine based on information you provide whether we can dispatch a third party inspection service to your home to perform an independent inspection. You will need to show your proof of purchase, and you must be the original purchasing consumer. If possible, we will provide warranty repair or replacement service upon verification of your complaint, at our discretion, without charge. All other claims, including incidental or consequential damages are precluded.

If identical materials are not available at the time or repair or replacement, Sleepwell reserves the right to substitute materials of equal quality. Sleepwell reserves the right to refuse service and invalidate this warranty if, upon inspection, the mattress is found in unsanitary condition, or when product failure is caused by factors other than defective materials or workmanship. Any and all implied warranties on this product shall not exceed the duration of this limited warranty, which begins the date of purchase. Repair or replacement of your mattress under this warranty does not renew or extend the term of this warranty.

This warranty gives you specific rights; you may have other rights, which vary from state to state. You should keep the law tag attached at the factory to the mattress; record the warranty code that relates to the product you purchased and keep it in a safe place. This warranty does not apply to products used in hotels, motels or institutional facilities.

If we are unable to provide this service, you may pursue your claim by following the procedures outlined below under “Refunds”.

Schedule of Warranty Terms and Conditions:

Model	Total Ltd. Warranty	“No Charge period”	Repair/Replace Charges after No Charge Period
MB300	5 years	3 years	1/5 of price paid in year 4; 2/5ths of price paid in year 5
MB200	5 years	1 year	1/5 of price paid x each year of use after first
MB100	1 year	0	N/C

G. Refunds
Sleepwell will refund your purchase price, including any collected sales tax, if you are dissatisfied with your purchase after using the product for no fewer than 30 nights, but not later than 100 days after your purchase. If you wish to obtain a refund, do the following: 1) contact any charitable 501(c3) organization (Goodwill, Salvation Army, a Church of any denomination) and tell them you would like to donate your mattress to them, 2) take the mattress to their collection site, or arrange for them to pick the mattress up at your home; 3) obtain a receipt from the organization, identifying your name as donor, the organization’s name and address as recipient, and containing the signature of a representative of the organization, including his/her printed name below the signature, and 4) send the completed receipt to Sleepwell at 8415 Ardmore Rd., Landover, MD 20785 (attn: Returns). Sleepwell will acknowledge receipt of your refund request, and, provided it is complete, a check for your full refund will be sent to you within seven days. Incomplete receipts or signatures that cannot be confirmed by the receiving entity, will be declined, and you will be so notified. Any Mattress that has been resold, gifted or transported outside of the contiguous United States is not eligible for return.

H. Sleepwell Mattress Limited Warranty
Your mattress is warranted against manufacturing defects in workmanship and materials. If you observe a defect, contact Sleepwell at 301-322-1000; ask for customer service. We will try to determine based on information you provide whether we can dispatch a third party inspection service to your home to perform an independent inspection. You will need to show your proof of purchase, and you must be the original purchasing consumer. If possible, we will provide warranty repair or replacement service upon verification of your complaint, at our discretion, without charge. All other claims, including incidental or consequential damages are precluded.

If we are unable to provide this service, you may pursue your claim by following the procedures outlined above under “Refunds”.

I. Returns
Once you “liberate” your compressed mattress from its shipping box and plastic wrap, re-compressing it for return is virtually impossible. Therefore, there is no “return policy”. Instead, see paragraph G (“Refunds”) above.

J. Disclaimers
You acknowledge that any reliance upon any advice, opinion, statement, or other information displayed or distributed through the Website is at your sole risk. We reserve the right, in our sole discretion and without notice, to correct any errors or omissions in any portion of the Website, or to deny access to the Website to anyone at any time. Neither Sleepwell nor its affiliates shall have any liability arising from your purchases of third party goods or services based upon the information provided on the Website. You assume all risk associated with dealing with such third parties. You release and shall hold harmless Sleepwell from and against all claims, injuries, demands, and exposures of any kind arising out of or relating to any such dealings or disputes. You also promise not to involve Sleepwell in such dealings or disputes.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK, AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND (B) EXCEPT FOR OUR EXPRESS LIMITED WARRANTY, SLEEPWELL (INCLUDING ITS OWNERS, EMPLOYEES, OFFICERS, AGENTS, ADVISORS, AND SUCCESSORS) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO THE WEBSITE (AND PRODUCTS OR SERVICES AVAILABLE VIA THE WEBSITE), IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

K. Copyright; Trademark and Limited License
All materials on the Website, including without limitation text, images, software, databases, graphics, photographs, drawings, designs, iconography, animation, videos, and writing (collectively, the “Content”) are owned or controlled by Sleepwell, its content suppliers and/or other content providers and is protected by the copyright and trademark laws of the United States and other countries, international conventions, and other applicable laws.

You may not copy, use, download, display, reproduce, create derivative works from, transmit, sell, distribute, or in any way exploit any of the Content or any portion thereof for any public or commercial use without our prior written permission.

All trademarks, service marks, trade names, trade dress, and other branding devices (collectively, “Marks”) that appear on the Website and/or Sleepwell Products (collectively the “Sleepwell Marks”) are the exclusive property of Sleepwell and are protected by applicable intellectual property laws. In some cases, we may display Marks that are owed by third parties with whom we have a relationship. You may not display or use the Sleepwell Marks (or Marks of third parties displayed on the Website) without our prior written authorization (or prior authorization from the applicable third party).

We grant you a limited license to use the Website for personal use only. Consequently, this grant does not allow you to do any of the following: (a) resell or make any commercial use of this Website or any of the contents of this Website; (b) modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form any of the contents of this Website not intended to be so read, including using or directly viewing the underlying HTML or other code from this Website except as interpreted and displayed in a web browser; (c) copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any of the contents of this Website (including any Marks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; or (d) use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods on the contents of the Website or to collect any information from the Website or any other user of the Website.

L. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL SLEEPWELL, OR ANY OF ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNS OR AFFILIATES, BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO (i) THE USE OR INABILITY TO USE THE WEBSITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE WEBSITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD-PARTY ON THE WEBSITE; (v) YOUR BREACH OF THIS AGREEMENT; AND (vi) ANY OTHER MATTER RELATING TO THE WEBSITE, THIS AGREEMENT, YOUR PERFORMANCE OR NONPERFORMANCE, OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE PRODUCT(S) FOR ANY PURPOSE WHATSOEVER. REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), OUR TOTAL LIABILITY SHALL NOT EXCEED THE PURCHASE PRICE PAID THE MATTRESS.

IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEBSITE OR FROM US, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, FROM US IS IN ACCORDANCE WITH THIS AGREEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, BEYOND THOSE SET FORTH IN THIS AGREEMENT. WE DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS CONTRACT.

M. Governing Law
THIS AGREEMENT AND THE TERMS OF PRODUCT PURCHASE SHALL BE GOVERNED AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF MARYLAND, WITHOUT GIVING EFFECT TO THE CHOICE OF LAW PROVISIONS THEREOF.

N. California Residents – Proposition 65 Warning
It is required by the state of California that we, as the seller of our products, inform the public about the possible presence of certain chemicals in our products. While we do not believe that our products contain any of the chemicals covered under Proposition 65, or only trace amounts, we are nevertheless required to provide the following: WARNING: This product contains a chemical (or chemicals) known to the State of California to cause cancer, birth defects or other reproductive harm.

At Sleepwell, we hold our products to the highest standards. If you have any questions about our products or Proposition 65 please contact our customer service department.

O. Sleepwell Mattress Cover
We recommend that you do not remove the mattress cover. If you need to remove the cover for any reason, we recommend that you do not touch or place anything on the fire retardant sock. The Sleepwell Mattress fire retardant sock contains small amounts of fiberglass, which makes the mattress fire retardant (the fiberglass allows us to sell a safe mattress without using harmful chemicals). The small amounts of fiberglass will not affect human health while sleeping, but you should not touch or place fabrics directly on the fire retardant sock.

P. Disputes
PLEASE READ THIS PROVISION CAREFULLY. IT PROVIDES THAT ANY DISPUTE MAY BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING. IN ARBITRATION, A DISPUTE IS RESOLVED BY AN ARBITRATOR INSTEAD OF A JUDGE OR JURY. THE ARBITRATOR’S DECISION WILL GENERALLY BE FINAL AND BINDING. ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN COURT PROCEDURES.

Any claim, dispute or controversy between you and us (or made by or against anyone connected with you or us, or claiming through you or us) arising from or relating to Your membership (“Claim”), including Claims regarding applicability or validity of this arbitration provision, shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association (“AAA”) (except for any AAA rules providing for class claims or class arbitration) then in effect, subject to this Agreement.

Any Claim regarding the validity or enforceability of this arbitration provision shall be governed by the laws of the State of Maryland, without giving effect to the choice of law provisions thereof. This arbitration provision is made pursuant to a transaction involving interstate commerce and, in all other respects, including the determination of any questions about whether Claims are within the scope of this arbitration provision and therefore subject to arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. §1-16 (“FAA”), and shall be resolved by interpreting the arbitration provision in the broadest way the law will allow it to be construed.

All Claims are subject to arbitration, no matter what theory they are based on or what remedy they seek. This includes Claims based on contract, tort (including intentional tort), fraud, agency, negligence, statutory or regulatory provisions, or any other source of law. Claims made and remedies sought as part of a class action, private attorney general or other representative action are subject to arbitration on an individual (non-class, non-representative) basis. As an exception to arbitration, you and we retain the right to pursue in a small claims court located in the federal judicial district that includes your billing address at the time of the Claim, any Claim that is within the court’s jurisdiction and proceeds on an individual basis.

The arbitration shall be conducted before a single arbitrator, applying to the Claims the substantive laws of the state of Maryland without giving effect to the choice of law provisions thereof. The arbitrator’s authority is limited solely to the Claims between You and Us alone. The arbitration will not be consolidated with any other arbitration proceeding. You and we do not agree to any arbitration on a class action or representative basis, and the arbitrator shall not be authorized to treat any Claim on a class action or representative basis.

Any decision rendered will be final and binding on the parties, and judgment may be entered in a court of competent jurisdiction.

Arbitration rules and forms may be obtained from the AAA at www.adr.org. Claims shall be filed in any AAA office. Any participatory hearing in connection with a Claim shall take place in Prince Georges County, Maryland.

This arbitration provision applies to all Claims now in existence or that may arise in the future.

Q. Entire Agreement
This Agreement constitutes the entire agreement between you and Sleepwell with respect to the Website and the Products and supersedes all prior agreements between you and Sleepwell. Failure by Sleepwell to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right.

In the event that any portion of this Agreement is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect. This Agreement is between you and Sleepwell. If you do not wish to be bound by these terms and conditions of use, you should not visit or use the Sleepwell.com Website. We reserve the right to change this Agreement from time to time at our sole discretion, without prior notice.