Terms of service

TERMS OF SERVICE

OVERVIEW

This website is operated by Engineered Sleep. Throughout the site, the terms “we”, “us” and “our” refer to Engineered Sleep. Engineered Sleep offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

SECTION 1 – AGREEMENT TO TERMS AND POLICIES

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms, conditions, and policies referenced herein and/or available by hyperlink.

The following policies are expressly incorporated into these Terms by reference:

SECTION 2 – MODIFICATION & DISPUTE RESOLUTION (ARBITRATION)

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS.

  • Changes to Terms: We reserve the right to update, change, or replace any part of these Terms by posting updates to our website. It is your responsibility to check this page periodically for changes.

  • Binding Arbitration: You and Engineered Sleep agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof (collectively, "Disputes") will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction.

  • Class Action Waiver: YOU AND ENGINEERED SLEEP AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

SECTION 3 – PRODUCTS AND PRICING

  • Pricing: All prices are subject to change without notice. Our "Compare At" or reference pricing is governed by our Pricing Policy, ensuring transparency in discounts and sales.

  • Product Representation: We make every effort to display the colors and images of our mattresses as accurately as possible. However, we cannot guarantee that your monitor's display of any color will be accurate.

  • Trial Period: Our "Sleep Trial" is subject to the specific limitations (e.g., the 30-night break-in period and one return per household rule) detailed in our Returns & Exchanges Policy.

SECTION 4 – SHIPPING, DELIVERY & FORCE MAJEURE

  • Shipping Estimates: Shipping dates are estimates and not guarantees.

  • Force Majeure: Engineered Sleep shall not be liable for any delay or failure in performance caused by circumstances beyond our reasonable control, including but not limited to: acts of God, strikes, pandemics, supply chain disruptions, carrier delays, or government orders.

  • California Residents: In compliance with CA SB 254, we provide options for mattress reclamation/recycling for California deliveries as outlined in our Shipping FAQ.

SECTION 5 – USER CONTENT AND REVIEWS

If you post a review, photo, or comment on our site or social media tagging us, you grant Engineered Sleep a non-exclusive, royalty-free, perpetual, and irrevocable right to use, reproduce, modify, adapt, publish, and display such content in any media worldwide (including marketing materials and social media ads). You represent that you own the rights to the content you post.

SECTION 6 – MOBILE TERMS (SMS)

By signing up for text notifications, you agree to receive automated marketing and informational text messages from Engineered Sleep at the number provided. Consent is not a condition of purchase. Message frequency varies. Message and data rates may apply. You may opt-out at any time by replying STOP.

SECTION 7 – LIMITATION OF LIABILITY

In no case shall Engineered Sleep, our directors, officers, or employees be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, or replacement costs, arising from your use of any of the service or any products procured using the service.

SECTION 8 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of South Carolina, without regard to its conflict of law principles.

SECTION 9 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at:

Engineered Sleep, 333 N Pleasantburg Dr, Greenville, SC 29607

hello@engineeredsleep.com

866-244-0898