Last updated: 01 January 2023
Introduction
This website is operated by Dorma Bedding (“Dorma,” “we,” “us,” and “our“). These Terms of Use (“Terms”) govern your access to and use of our website, including any content, products, and services offered on or through our website (collectively, the “Site”).
By using our Site, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use our Site.
We recommend that you print a copy of these Terms for future reference as we may amend them from time to time. The most current version will always be made available on our Site.
Use of Our Site
You must be at least 18 years of age to use our Site. By using the Site you confirm you are over 18 and that you accept these Terms. If you are under 18 and wish to use the Site, you must have consent from your parent or guardian.
You may use our Site only as permitted by these Terms and any applicable local, national, and international laws, rules and regulations.
We grant you a limited, personal, non-exclusive, non-transferable, revocable license to access and use our Site for your own personal use, subject to these Terms.
You may not:
- Copy, modify, distribute, sell, or lease any part of our Site;
- Use any data mining, robots, scraping or similar data gathering methods on the Site; or
- Alter, disable or circumvent any part of our Site.
Any use of the Site not expressly permitted herein is strictly prohibited.
We reserve the right to block, restrict, disable, suspend, discontinue, or terminate your access to all or any part of the Site at any time and for any or no reason, including if we suspect a violation of these Terms, without notice or liability to you or any third party.
Upon termination of your access, your right to access or use the Site immediately ceases. You must immediately stop accessing and delete all copies of any data obtained from the Site.
Intellectual Property Rights
All content appearing on our Site including designs, text, graphics, images, videos, information, logos, button icons, downloads, data compilations and software is our property protected by United States and international copyright laws, trademarks, service marks, trade dress and other intellectual property and proprietary rights laws.
You acknowledge and agree that you do not acquire any ownership rights by downloading copyrighted material from our Site. You may not use, copy, display, distribute, modify, reproduce, republish, store, upload, post, transmit, or otherwise exploit any of our content in any way without our prior written permission and the rights holder.
You must retain all copyright and other proprietary notices on downloaded content. Any rights not expressly granted herein are reserved.
Purchases and Online Store
If you wish to purchase any products made available through the Site (“Purchase(s)”), you may be asked to supply certain information including your credit or debit card number, expiration date, CVC code, and billing address.
YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT OR DEBIT CARD(S) UTILIZED IN CONNECTION WITH A PURCHASE.
By submitting Purchase order(s), you agree to pay all charges incurred at the prices in effect when the order is submitted including applicable taxes, and you authorize us to charge your chosen payment provider for any such amounts.
You are solely responsible for any discrepancies between your Purchase order total and your payment method. If your payment processor declines payment, your Purchase order may be cancelled and you will be responsible for any costs we incur.
Return Policy
Purchases can be returned in accordance with our Return Policy stated below:
- Purchases may be returned within 30 days of the original purchase date.
- Returns must be in new and unused condition with original labels and packaging.
- You are responsible for return shipping costs unless the return is due to our error.
- Refunds will be issued to your original payment method once returns are received and verified.
We reserve the right to decline returns or exchanges for any reason and for Products not purchased directly from our Site.
Product Warranties
We stand behind the quality of Products sold on our Site with either a manufacturer’s warranty or our own warranty as stated on the applicable Product page.
For warranty claims, please contact us at [email protected] with order details, description of claim, and images if applicable. We will assess the claim and contact you with resolution.
Replacement, refund or repair for defective or damaged Products will be determined at our sole discretion based on the individual circumstances.
Product Descriptions
We strive to display Products accurately on our Site including their description, specifications, pricing and availability. However, we do not warrant that this information is error-free.
If a Product offered by us does not match its description or specifications, your sole remedy is to return it pursuant to our Return Policy stated above.
Disclaimers
YOUR ACCESS TO AND USE OF OUR SITE IS AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT OUR SITE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS.
WE DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES INCLUDING OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT TO THE MAXIMUM EXTENT PERMITTED BY LAW.
WE MAKE NO WARRANTIES THAT (I) OUR SITE WILL MEET YOUR REQUIREMENTS; (II) OUR SITE WILL BE AVAILABLE, TIMELY, CURRENT, ACCURATE, RELIABLE, COMPLETE, SECURE OR ERROR-FREE; (III) QUALITY OF PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL ACCESSED OR OBTAINED BY YOU THROUGH OUR SITE WILL BE AS REPRESENTED OR MEET YOUR EXPECTATIONS; OR (IV) ANY ERRORS IN THE SITE WILL BE CORRECTED.
ANY INFORMATION ACCESSED OR OBTAINED BY YOU THROUGH THE SITE IS PROVIDED FOR YOUR CONVENIENCE AND INFORMATIONAL PURPOSES ONLY.
YOU ACCESS SUCH INFORMATION AT YOUR OWN RISK AND WE ARE NOT RESPONSIBLE FOR ITS ACCURACY, TIMELINESS OR APPLICABILITY TO YOUR CIRCUMSTANCES. SUCH INFORMATION DOES NOT CONSTITUTE LEGAL, TAX, ACCOUNTING OR OTHER PROFESSIONAL ADVICE.
We do not endorse or warrant any third party products, services, content, data or other materials that may be accessed, linked or incorporated into our Site.
Limitation of Liability
IN NO EVENT WILL WE, OUR AFFILIATES, SUPPLIERS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS, REVENUE OR GOODWILL) ARISING FROM OR IN RELATION TO THE SITE OR THESE TERMS, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT LIABILITY, PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
UNDER NO CIRCUMSTANCES WILL OUR TOTAL LIABILITY ARISING FROM OR RELATED TO THE SITE OR THESE TERMS EXCEED THE PURCHASE PRICE OF PRODUCTS ACQUIRED VIA THE SITE IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THE CLAIM AROSE.
THE FOREGOING LIMITATIONS APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW AND WILL APPLY EVEN IF A REMEDY IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Indemnification
Upon request, you agree to defend, indemnify and hold harmless us, our affiliates and subsidiaries as well as our respective officers, directors, employees, shareholders, agents, vendors or partners from and against any and all claims, damages, obligations, losses, liabilities, costs, debts and expenses (including attorney’s fees) arising from: (i) your access to and use of our Site; (ii) your violation of any of these Terms; (iii) your violation, misappropriation or infringement of any third party rights, intellectual property or privacy/publicity rights; or (iv) any damage of any sort relating to your access to or use of our Site. You shall cooperate as fully as reasonably required in our defense of any claim.
We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Third Party Links
The Site may contain links to third-party websites, advertisers, services, special offers or other events or activities that are not operated or controlled by us (“Third Party Links & Ads”).
We are not responsible for Third Party Links & Ads and your use of them is at your own risk. Your dealings or communications with anyone through Third Party Links & Ads are solely between you and the third party.
We do not make any representations or warranties concerning the content or accuracy of any information presented on Third Party Links & Ads. We do not endorse, warrant, guarantee or have any involvement in Third Party Links & Ads.
Modifications and Termination
We reserve the right to modify these Terms by posting an updated version of the Terms on our Site at any time without notice (“Revised Terms”).
The Revised Terms will be effective immediately upon posting. Your continued use of our Site constitutes your agreement to be bound by the Revised Terms. You must periodically visit this page to review the current Terms. We may also notify you of any changes to these Terms by email.
In our sole discretion, we may modify, suspend or discontinue any aspect, service or feature of our Site at any time with or without notice. We may also impose limits on certain features or restrict your access to parts of or our entire Site without notice or liability.
We reserve the right to terminate our Site or your access to it in our sole discretion without notice or liability to you. Upon any such termination, we will make reasonable efforts to allow you to withdraw your information and data from the Site.
Governing Law and Dispute Resolution
These Terms are governed in accordance with the laws of the State of New York and the United States of America without regard to its conflict of law provisions.
Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in New York County, New York, using the English language in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect.
Judgment upon the award rendered may be entered and enforced in any court having jurisdiction. The arbitrator shall not award any punitive damages. Except where prohibited, the parties may apply to any court of competent jurisdiction to enforce the arbitration award or to obtain injunctive relief without breach of this arbitration provision.
Notwithstanding the foregoing, we reserve the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
Class Action Waiver
You agree that any arbitration or other permitted dispute resolution process shall be conducted only on an individual basis and not in a class, consolidated or representative action.
If for any reason a claim proceeds in court rather than through arbitration, you agree that there shall be no right or authority for any dispute to be arbitrated, brought, heard or arbitrated as a class, consolidated, representative or private attorney general action.
Severability and Survival
If any provision of these Terms is found unenforceable, it shall not affect the validity and enforceability of the remaining provisions. The failure of either party to exercise any right provided herein shall not be deemed a waiver unless expressly acknowledged as such in writing.
Sections regarding representations and warranties, indemnification obligations, disclaimers, liability limitations, dispute resolution, choice of law and the miscellaneous provisions shall survive termination of your access to the Site and/or the Terms.
Miscellaneous
Our failure to enforce any provisions of these Terms or respond to a breach does not waive our right to subsequently enforce the Terms or respond to any subsequent breach.
We may assign any or all portions of these Terms and your account/access permissions at any time without notice or consent. You may not assign these Terms or your rights/obligations without our express prior written consent.
The invalidity or unenforceability of any of these Terms will not affect the validity or enforceability of any other Terms, which shall remain in full force and effect.
These Terms constitute the entire agreement between you and us and supersede all prior agreements with respect to the subject matter hereof.
Any notices to you will be provided by email to the address associated with your account or by notifications posted on the Site. Notice to us must be sent by registered mail to our registered company address.
Thank you for visiting our Site!
