Terms & Conditions of Purchase

The following terms and conditions of purchase apply to all orders from Simmons Bedding, LLC. ("Serta^®") by you as the buyer ("Buyer" or “you”). You as the party placing the order represent that you as the Buyer have the ability to place the order.

ACCEPTANCE OF ORDERS

NO CONTRARY TERMS. ORDERS ARE NOT BINDING ON SERTA UNLESS ACCEPTED BY SERTA. ACCEPTANCE OF BUYER'S ORDER IS CONDITIONED UPON BUYER'S ASSENT TO THE FOLLOWING TERMS & CONDITIONS OF PURCHASE, AND ANY INCONSISTENT PROVISIONS OF ANY PURCHASE ORDER OR OTHER WRITING SHALL NOT CONSTITUTE A PART OF THE CONTRACT OF SALE. If any of these terms and conditions are not acceptable to Buyer, Serta must be notified promptly.

PRICING AND SPECIFICATIONS

Prices remain valid while they are listed and offered on this Website. Product availability may be limited. Products may not be available for immediate delivery. We reserve the right, without liability or prior notice, to revise or cease to make available any or all products. The price of the products ordered will be the price posted on the Website as of the date of the order.

All Serta prices reflect Buyer's net cost in U.S. currency. The prices do not include applicable federal, state, and local taxes, charges and duties. You will pay all such costs, taxes, charges, and duties. Serta reserves the right to adjust and communicate pricing should an error be found in published material.

ORDERS AND PAYMENT TERMS

Orders are not binding on Serta unless accepted by Serta. Acceptance is determined at our sole discretion and orders can be rejected for any reason at any time.

Payments may be made via credit or debit card only. Your form of payment will be confirmed at the time you place your order. Your payment for all charges will be processed and your credit or debit card charged at the time you place your order. All product charges will be collected at the time you place your order.

Payment via credit or debit card is subject to the approval of the financial institution issuing your card. If the card information that submitted is incorrect or invalid, we cannot process your order. Neither Serta nor any of its suppliers or service providers has any liability if your financial institution fails to accept or honor your card for any reason.

CANCELLATION POLICY – SERTA MATTRESS AND MATTRESS SET ORDERS

Your Serta mattresses purchased via our online store will be made just for you at one of our Serta factories upon receipt of a confirmed order. Orders may be cancelled at no charge from the time of the order through 48 hours after order confirmation. After 48 hours, Serta reserves the right to charge a 15% cancellation fee. If you cancel your order, we will issue a credit for the charge to your card, less any applicable fee. To cancel a Serta mattress or mattress set order, please call us at 888-708-1466. You cannot cancel an order online.

SHIPPING POLICY AND CHARGES

Mattresses and Foundations. All mattress sets sold through our Website will be delivered free of charge through a delivery agent selected by Serta.

Please note that delivery on mattresses and foundations is only available in the Continental U.S. We cannot deliver mattresses or foundations to Alaska, Hawaii, Puerto Rico, APO or FPO addresses and other US Territories.

Mattresses and foundations are too heavy/large to ship via the small package delivery services (e.g. UPS, FedEx) so they will be sent to you free of charge via a white glove freight delivery. “White glove freight” is different than standard UPS, FedEx, or US Mail in that the carrier takes a larger part in making sure the product you are purchasing makes it safely off of their truck.

The delivery service is a “white glove” 2 person service that includes: inside placement to room of choice, stair carries (up to 2 flights), unpacking, set-up of basic frame (tool less), setup of the adjustable base (if included in your order), removal of debris and removal and disposal of old bedding.

1. Standard delivery service is Monday – Friday 8:00 AM – 8:00 PM and limited Saturday delivery, except for Holidays including New Year’s Day, Good Friday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday After Thanksgiving Day, Christmas Eve Day, and Christmas Day.

2. An automated pre-call contact will be attempted within 24 hours after the confirmation of an order. The delivery agent will call when the product is received to schedule delivery.

3. The delivery agent will attempt to deliver within a (4) four hour window and within (10) ten business days of receipt of product from Serta. Serta makes every effort to deliver our mattress to the delivery agent within (8) eight weeks of our receipt of the order.

One other important thing to remember about the delivery service is that you MUST inspect the package at the time of delivery. (See Damaged Items below).

WHEN WILL MY ORDER ARRIVE?

Your Serta mattress and foundation purchased via our online store will be made just for you at one of our Serta manufacturing facilities upon receipt of a confirmed order, so you can expect delivery between 10 and 21 business days from the date of your order confirmation. This estimate is based on our experience and it could be more or less. You will receive a call from our local delivery partner to make delivery arrangements approximately 1 week after your order has been shipped from our facility. You can easily check on the status of your order at any time by visiting wherezmyorder.com and entering your order number and zip code. If you have any further questions on your order status, can also call us at 888-708-1466.

Note also that your bed frame (if you chose one as part of your order) will ship from a different location than your mattress set. The bed frame should arrive well before your mattress set, so please keep it close to the area you plan to have the bed set up. This allows the delivery company to complete the bed set-up without delay.

DAMAGED ITEMS

Serta mattress and foundation orders are delivered using our delivery agent and "white glove” delivery service. You MUST inspect the package at the time of delivery. If you find any damage to the product, or if there is any reason for you to be concerned about damage, you have two options:

1. You may refuse shipment and a replacement product will be ordered directly from Serta, or

2. You can write “PRODUCT DAMAGED” clearly on the sheet that you are asked to sign by the delivery agent. This simply insures that if there is any damage, it will be resolved efficiently. You can then follow up directly with us at 888-708-1466 to arrange a replacement item, if necessary. If you find that your accessories order arrived with damage or defect after opening the packaging, please call us at 888-708-1466. If we find that there is an issue with the product or a fault in shipping you an incorrect item, we will arrange for a return or exchange at our expense.

RETURNS AND EXCHANGES

Once your bed has been manufactured at our plant and sent to the home delivery company, under normal circumstances, unless it has been determined that you have a warranty claim, all beds are otherwise non-refundable and non-returnable.

GOVERNING LAW

The validity, construction and enforcement of these Terms & Conditions of Purchase between Serta and Buyer shall be governed by and interpreted under the laws of the State of Georgia and are the sole terms applicable to Buyer's purchase of products. In the event of any dispute arising out of this agreement, you consent to the personal jurisdiction of the federal and/or state courts located in the County of Fulton, State of Georgia, United States of America.