The Agreement Between Users and Avocado Mattress LLC Updated: 06.18.2020
Welcome to our website: avocadomattress.com. The Avocado Mattress website (the “Site”) is comprised of various web pages operated by Avocado Mattress LLC (Avocado Mattress, Avocado Green Mattress, the Company, our, we, us). This website, avocadomattress.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (“Terms”).
YOUR USE AND ACCESS OF THE SITE CONSTITUTES YOUR AGREEMENT TO ALL SUCH TERMS AND ALL APPLICABLE LAWS. PLEASE READ THESE TERMS CAREFULLY, AND KEEP A COPY OF THEM FOR YOUR REFERENCE. IF YOU DO NOT AGREE WITH ALL OF THE TERMS AND CONDITIONS SET FORTH BELOW, YOU MAY NOT USE ANY PORTION OF THE SITE. Authorized Use of Site
The website, avocadomattress.com is an e-commerce Site. The Company shall conduct any and all lawful business deemed appropriate to execute the company’s objectives to market and sell furniture, bedding and lifestyle products such as: mattresses, frames, box springs, pillows, mattress toppers, mattress covers, foundations, protectors, pads, household furnishings.
Unauthorized Use of Site
You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Site. Further, you may not use any such automated means to manipulate the Site, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Site or any other user's use of the Site, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the Site, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms. You may not frame portions of the Site within another website or application. You may not resell use of, or access to, the Site to any third party without our prior written consent.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Avocado Mattress is not responsible for third party access to your account that results from theft or misappropriation of your account. Avocado Mattress and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion. Avocado Mattress does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use avocadomattress.com only with permission of a parent or guardian.
Visiting avocadomattress.com or sending emails to the Avocado Mattress team such as: email@example.com, constitutes electronic communications. You consent to receive electronic communications and agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your License to Use Our Website and Services
You may use our website only if you agree to form a binding contract with Avocado Mattress, and only in compliance with these Terms of Service and all applicable local, state, national, and international laws, rules and regulations. You must provide us accurate information, including your real name, when you create your Account on avocadomattress.com. You are responsible for safeguarding the password that you use to access our website and for any activities or actions under your password. We encourage you to use “strong” passwords by using combination of upper and lower case letters, numbers and symbols with your Account. Avocado Mattress will not be liable for any loss or damage arising from your failure to comply with this instruction. You are responsible for maintaining the confidentiality of your Account and Password, including but not limited to the restriction of access to your computer and/or Account. You agree to accept responsibility for any and all activities or actions that occur under your Account and/or Password, whether your Password is with our website or a third-party Service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your Account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene. Use of any part of our Website or Services is void where prohibited. By using our Website or Services, you represent and warrant that (a) all information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms; (d) you have the authority to enter into these Terms; and (e) your use of our Website or Services does not and will not violate any applicable law, regulation, or agreement.
Limited License and Site Access
Company is the owner of or otherwise licensed to use all parts of the Site, including all copy, software, graphics, designs and all copyrights, trademarks, service marks, trade names, logos, and other intellectual property or proprietary rights contained therein. Some materials on the Site belong to third parties who have authorized Company to display the materials, such as portfolio works, client logos and trademarks and other proprietary materials. By using the Service, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials. Except as expressly set forth in these Terms, no license is granted to you and no rights are conveyed by virtue of accessing or using the Site. All rights not granted under these Terms are reserved by Company. We grant you a limited license to use avocadomattress.com for personal use only. Consequently, this grant does not allow you to: a) resell or make commercial use of the site or any of the contents of the site b) modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form any of the contents of this site not intended to be read. c) copy, imitate, mirror, reproduce, distribute, publish, display, download, perform, post or transmit any contents of the site by any form such as electronic, mechanical, photocopying, recording or otherwise d) use of any data mining, bots, spiders or similar data gathering or extraction methods on contents of the Site or any information of the Site.
No Ideas Accepted
Company does not accept any unsolicited ideas from outside the Company including without limitation suggestions about advertising, promotion or merchandising of our products, additions to our product lines, services, or changes in methods of doing business. We may already be working on or may in the future work on a similar idea. This policy eliminates concerns about ownership of such ideas. If, notwithstanding this policy, you submit an unsolicited idea to this Site, you understand and acknowledge that such idea is not submitted in confidence and Company assumes no obligation, expressed or implied, by considering it. You further understand that Company shall exclusively own all known or hereafter existing rights to the idea everywhere in the world, and that such idea is hereby irrevocably assigned to Company. Without limiting the foregoing, to the extent any such assignment is deemed unenforceable, you hereby grant Company an irrevocable, perpetual, world-wide license to use the idea in any manner, in any medium now known or hereafter developed, without compensation to you.
Terms of Sale
All details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. All prices advertised on our website are subject to such changes. (a) Our Contract: By placing an order you are offering to purchase products and services on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. Delivery may vary according to availability and subject to any delays resulting from delivery services delays or force majeure for which we will not be responsible. In order to contract with avocadomattress.com you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Our website, avocadomattress.com, retains the right to refuse any request made by you. When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods and services, which you ordered, have been dispatched to you. Only those goods and services listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed. (b) Pricing and Availability: While we try to ensure that all details, descriptions and prices, which appear on this Website, are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. (c) Payment: The Buyer shall be responsible for all applicable taxes, including taxes applicable in the state to which the Goods are sent. Payment must be made by credit card or debit card or via Affirm at the time of placing an order which is accepted by the seller. Payment in full will be taken at this time and the Contract will be in force. The buyer undertakes that all details provided to the seller for the purpose of the order and its delivery will be correct and that the chosen method of payment is the property of the seller and that sufficient funds or credit facilities are available to cover the full cost of the goods ordered. The seller reserves the right to obtain validation of the seller’s credit card, debit card or Affirm details before accepting the buyer’s order.
Avocado’s return and refund policy applies only to Products purchased and located within the continental United States. Logically, items that were not paid for, as part of a promotion or "buy-one-get-one free" special offer, are not eligible for refunds or sleep trial exchanges. If you want to return any Products purchased and located within the continental United States within the trial period after your receipt, please follow the process for each product category:
1) Mattresses, Toppers & Foundations: a) Try the Mattress, Mattress Topper and Foundation for 30 days from the receipt of the mattress. b) Not Satisfied? Contact us at: firstname.lastname@example.org before the conclusion of the 1-year sleep trial period to obtain a Return Authorization and arrange a return. Avocado will pay for return shipping. For any non-mattress product, Avocado is not responsible for any costs incurred from repackaging and cannot reimburse customers for a replacement box or packaging services. c) Refunds are paid AFTER the mattress is RECEIVED in good condition by Avocado Mattress for recycling or charitable donation. This is to eliminate the gray market for returned mattresses on eBay, Craigslist, etc. The funds can only be returned to the original form of payment. d) Exclusions: a. If the mattress, mattress topper or foundation was purchased from a third-party source, such as Amazon or Groupon, returns are different and subject to each respective retailers’ policy. As such, the 1-year trial on the purchase does not apply. b. If mattress, mattress topper or foundation is purchased by international customers outside the continental US, customers are responsible for the shipping costs associated with the mattress return. c. Limited to one of each particular product, once per household, on the original order only. Exceptions: Green Pillows, Latex Pillows and Twin XL size mattress (used to make a Split King for use on an adjustable base), for which two may be returned from a single order, since they are often bought in pairs.) We define this household-wide policy by your customer name, or shipping address, or billing method/account or billing address. d. Mattresses and toppers must be in a condition suitable for donation to be eligible for return (i.e., no stains, tears, excessive odors, or soiling) with the law tag attached to the mattress and in its original, unaltered state. e. Mattresses must be opened within 30 days of receipt.
2) Mattress Pad Protectors, Pillows & Sheets: a) Mattress Pad Protectors, Pillows and Sheets are covered by a 100-day return policy. b) Refunds are paid AFTER the product is RECEIVED in good condition by Avocado Mattress for recycling or charitable donation. The funds can only be returned to the original form of payment. c) Contact us at: email@example.com within 100 days of receipt of the product to obtain a Return Authorization and arrange a return. We will provide a pre-paid shipping label. Products returned without an approved Return Authorization will not be refunded. Avocado is not responsible for any costs incurred from repackaging and cannot reimburse customers for a replacement box or packaging services. d) Exclusions: a. If the mattress pad protectors, pillows or sheets was purchased from a third-party source, such as Amazon or Groupon, returns are different and subject to each respective retailers’ policy. As such, the 100-day trial on the purchase does not apply. b. If mattress pad protectors, pillows or sheets are purchased by international customers outside the continental US, customers are responsible for the shipping costs associated with the product return c. Limited to one of each particular product, once per household, on the original order only. Exceptions: Green Pillows, Latex Pillows, and Twin XL size mattress (used to make a Split King for use on an adjustable base), for which two may be returned from a single order, since they are often bought in pairs.) We define this household-wide policy by your customer name, or shipping address, or billing method/account or billing address. The only exception is pillows, for which two may be returned from a single order, since they are often bought in pairs.
3) Crib Mattresses: a) Our Luxury Crib Mattress is covered by a 100-day return policy; our standard Crib Mattress is covered by a 30-day return policy. b) Refunds are paid AFTER the product is RECEIVED in good condition by Avocado Mattress for recycling or charitable donation. This is to eliminate the gray market for returned mattresses on eBay, Craigslist, etc. The funds can only be returned to the original form of payment. c) Contact us at: firstname.lastname@example.org within 100 days of receipt of the product to obtain a Return Authorization and arrange a return. Avocado will pay for return shipping. Avocado is not responsible for any costs incurred from repackaging and cannot reimburse customers for a replacement box or packaging services. Products returned without an approved Return Authorization will not be refunded. d) Exclusions: a. If the mattress was purchased from a third-party source, such as Amazon or Groupon, returns are different and subject to each respective retailers’ policy. As such, the 100-day trial on the purchase does not apply. b. If crib mattress is purchased by international customers outside the continental US, customers are responsible for the shipping costs associated with the mattress return. c. Limited to one of each particular product, once per household, on the original order only. Exceptions: Green Pillows, Latex Pillows and Twin XL size mattress (used to make a Split King for use on an adjustable base), for which two may be returned from a single order, since they are often bought in pairs.) We define this household-wide policy by your customer name, or shipping address, or billing method/account or billing address. d. Crib Mattresses must be in a condition suitable for donation to be eligible for return (i.e., no stains, tears, excessive odors, or soiling) with the law tag attached to the crib mattress and in its original, unaltered state.
4) Furniture & Adjustable Bases: Trial policies do not apply to furniture or adjustable bases. Furniture is and adjustable bases are non-refundable.
5) In-Home Delivery & Setup services are nonrefundable.
6) Affirm®: If you finance your mattress via Affirm, you’ll receive a full refund less any applicable financing fees paid to date directly via Affirm.
Coupon & Promotional Code Policy
Coupons (and discount codes) must be used at the time of the original purchase, only at the time of check-out, and can not be retroactively applied or switched if a different coupon was selected. Coupons are not transferable and may not be reproduced, purchased, traded or sold. We reserve the right to reject orders that use a coupon code that was obtained from a bulletin board or other Internet site, or are in violation of any restriction.
Links to Third-Party Sites/Third-party Services
Avocadomattress.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Avocado Mattress LLC, therefore, Avocado Mattress is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Avocado Mattress is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Avocado Mattress of the site or any association with its operators. Certain services made available via avocadomattress.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the avocadomattress.com domain, you hereby acknowledge and consent that Avocado Mattress may share such information and data with any third party with whom Avocado Mattress has a contractual relationship to provide the requested product, service or functionality on behalf of avocadomattress.com users and customers.
Colors and Textures
Avocado Mattress attempts to assure that the display of the colors and textures of our products that appear on the Website is as accurate as reasonably possible. However, as the actual colors and textures you see will depend on your monitor and printer, we cannot guarantee that your monitor’s display of any color will be 100% accurate.
Avocado Green Pillows
Avocado Green Pillows are filled with natural kapok fiber and shredded natural Dunlop latex. These pillows are manufactured in a facility that also produces pillows produced with polyurethane foam, and as a result, may contain trace amount of polyurethane foam.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use avocadomattress.com strictly in accordance with these Terms. As a condition of your use of the Site, you warrant to Avocado Mattress that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner, which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Avocado Mattress or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Avocado Mattress content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Avocado Mattress and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Avocado Mattress or our licensors except as expressly authorized by these Terms.
Avocado Mattress respects the intellectual property rights of others and expects users of the Service to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide our copyright agent with the following information in accordance with the Digital Millennium Copyright Act: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. Our designated copyright agent for notice of alleged copyright infringement or other legal notices regarding Content appearing on the Service should be mailed to: Avocado Mattress LLC, 720 Monroe St C-405, Hoboken, NJ 07030 Attn: CopyRight Agent or emailed to email@example.com. Please note that in addition to being forwarded to the person who provided the allegedly illegal Content, we may send a copy of your notice (with your personal information removed) to lumen (https://lumendatabase.org) for publication and/or annotation. A link to your published notice will be displayed on Avocado Mattress in place of the removed Content. We reserve the right to remove Content alleged to be infringing or otherwise illegal without prior notice and at our sole discretion. In appropriate circumstances, Avocado Mattress will also terminate a user’s Account if the user is determined to be a repeat infringer. You understand and agree that: (1) Avocado Mattress assumes no liability or responsibility for any third party content or material of any kind that is submitted to or posted on the Website by you or by any other users or third parties, and (2) Avocado Mattress is merely a transmitter of any such content, and is acting solely as an Internet Service Provider as such term is defined in the Digital Millennium Copyright Act (DMCA). We will promptly address any alleged infringement. Please direct all such notifications to firstname.lastname@example.org and insert “Re: Copyright Violation” in the subject line header of the email.
Termination or Suspension of Use
We may terminate or suspend your Account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. If you wish to terminate your Account, you may simply discontinue using the Service. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to indemnify, defend and hold harmless Avocado Mattress LLC, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Avocado Mattress reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Avocado Mattress in asserting any available defenses.
The Service is controlled, operated and administered by Avocado Mattress from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Avocado Mattress content accessed through avcocadomattress.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Limitation of Liability
You agree that Avocado Mattress, its licensees, licensors, and affiliates shall not be liable for any damages whatsoever, including but not limited to direct, indirect, incidental, special, consequential, exemplary, or punitive damages, such as damages for lost profits or loss of goodwill, use, or data (even if Avocado Mattress has been advised of the possibility of such damages), that result from: (a) your use of or inability to use the Avocado Mattress website; (b) access to or alteration of your personally identifiable information or other information in an unauthorized matter; (c) representations or conduct of any third party related to the Avocado Mattress website; or (d) any other matter relating to the Avocado Mattress website. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above limitations may not apply to you. Your sole remedy for dissatisfaction with the website is to stop using the website. Our liability to you for any cause whatsoever, regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Avocado Mattress for the service, information, or product on which such cause of action is based.
Avocado Mattress reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of New Jersey and you hereby consent to the exclusive jurisdiction and venue of courts in New Jersey in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Avocado Mattress as a result of this agreement or use of the Site. Avocado Mattress LLC’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Avocado Mattress LLC’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Avocado Mattress with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Avocado Mattress with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Avocado Mattress with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Avocado Mattress reserves the right, in its sole discretion, to change the Terms under which avocadomattress.com is offered. The most current version of the Terms will supersede all previous versions. Avocado Mattress encourages you to periodically review the Terms to stay informed of our updates.
Choice of Law
Dispute Resolution, Arbitration
AGREEMENT TO ARBITRATE: You and we agree to submit any dispute arising under this agreement, with the exception of disputes alleging criminal or statutory violations, to binding arbitration in accordance with the Rules of the Better Business Bureau (Binding). A volunteer BBB arbitrator will render a decision that the arbitrator considers to be fair; in doing so, the arbitrator is not required to apply legal principles. The arbitrator’s decision will be final and binding on both you and us, and judgment on the decision may be entered in any court having jurisdiction. All administrative fees for the arbitration will be paid by the business. Further information about BBB arbitration may be obtained by calling the BBB Serving New Jersey at 609-588-0808. This Agreement to Arbitrate affects important legal rights. Neither of us will be able to go to court for disputes that must be arbitrated.
The above Terms constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Avocado Mattress. Any waiver of any provision of the Terms will be effective only if in writing and signed by a Member of Avocado Mattress LLC.
Avocado Mattress welcomes your questions or comments regarding the Terms:
Avocado Mattress LLC
80 River Street, Penthouse North
Hoboken, NJ 07030
Email Address: email@example.com