Terms and conditions of purchase

January 01, 2023

Acceptance of Terms and Conditions.

By making a purchase through our online store, you agree to the following terms and conditions. We recommend that you read this information carefully before making any purchase. These terms and conditions apply to all transactions made in our online store.  These Terms of Service apply to all users of the site, including but not limited to users who are browsers, vendors, customers, merchants, and/or content contributors.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all of the terms and conditions of this agreement, you may not access the Website or use any services. If the Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. These Terms and Conditions govern all purchases made through the annemattress.com  website. Our store is operated by Victory Prime Company LLC, located at 3677 23rd Avenue S, Fl 33461,  Suite C-109. In the state of Florida. As used in these Terms and Conditions, “we”, “us” or “our” refers to Anne Mattress. By using the Site to purchase products and services, you agree to be bound by these terms and conditions.

Any new features or tools added to the current store will also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes on our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes. THESE TERMS INCLUDE A BINDING ARBITRATION AGREEMENT, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER THAT AFFECT YOUR RIGHTS. PLEASE REVIEW THE ARBITRATION SECTION CAREFULLY.

Integrity and updating of information.

We are not responsible if the information available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, however, is not current and is provided for your reference only.

We reserve the right to modify the content of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Order Notification and Charges.

Our order confirmation does not mean our acceptance of your order, nor does it constitute confirmation of our offer to sell. At any time after receiving your order, we may accept, reject or impose quantity or other limits on your order for any reason. We will notify you after we have confirmed your order and after it is shipped. You will receive a notification immediately after the order is confirmed and when it is shipped.

If you used a credit card as a payment method, we would authorize the credit card for the full amount at checkout, including taxes.

Prices-Modifications to the service.

The prices of the products in our online store are indicated in US dollars (USD) and do not include applicable or shipping costs. We reserve the right to change prices at any time without notice. Payments will be made at the time of purchase through the payment methods available on our platform. Advertised prices and promotions are only available online. In-store prices and promotions do not apply to online pricing.

The prices of our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service. We reserve the right to refuse any order we place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders using the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the mail and/or billing email address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole discretion, appear to be placed by merchants, resellers, or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers, and expiration dates, so that we can complete your transactions and contact you as necessary.

For more details, please see our Return Policy.

Errors, impressions, and omissions.

Occasionally, there may be information times on our site or in the Service that contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the Service or on any related website is inaccurate at any time without notice (including after you have submitted your order). We undertake no obligation to update, amend, or clarify the information on the Service or any related website, including but not limited to pricing information, except as required by law. No specific update or update date applied to the Service or any related website should be taken as an indication that all information on the Service or any related website has been modified or updated.

Sales Tax.

All merchandise purchases are subject to sales tax in accordance with the applicable state and local tax rates for the shipping/delivery destination. The estimated sales tax is calculated at the time of purchase and is typically based on the total retail price of each item, which, depending on local and state laws, may include discounts and shipping and processing charges. To the extent that any of the factors affecting the calculation of sales tax change between the time you place an order and the time your credit card is charged, the amount listed on your order as estimated sales tax may differ from the sales tax ultimately charged.

Delivery methods.

The size and weight of your online purchase are factors that help determine the most efficient delivery method.

Free ground shipping in select zip codes: We ship smaller, lighter items by courier or mail (e.g., UPS or Fed Ex). Items may require assembly. You will receive a notification as soon as the order is shipped. Available shipping options will be indicated in the shopping cart, but usually include 2 and 5-day shipping or in some cases up to 3 weeks. If 2-day shipping is available for an order, the order is expected to be delivered within 2 business days after the carrier has shipped and picked it up. If 2-day shipping is available for an order, the order is expected to be delivered within 2 business days after the carrier has shipped and picked it up. We recommend that you review the shipping rates listed in the shopping cart before submitting your order.

Premium service – No hassle delivery: If you select Hassle-free delivery + assembly, your items will be delivered, placed in the room of your choice, and if necessary, assembled. Packaging materials shall be removed. The delivery team will not move or remove existing furniture or furniture. To prepare for your delivery, we will not contact you within two days of placing your order to schedule delivery.

Premium service – No hassle delivery fees are set by the team delivering your order and may vary from market to market. We encourage you to check the shipping costs listed in the shopping cart before submitting your order. Note: Additional fees may apply for delivery above or below the ground floor, or for other unusual circumstances.

Arrange for an adult to be present when the truck arrives. A person over the age of 18 must be present to accept and sign, acknowledging that they received the items, inspected them, and found them in good condition. The delivery staff will not climb furniture up more than 2 flights of stairs. If you need to reschedule the date, please contact the delivery provider as soon as possible at the phone number on your order confirmation. We request 48 hours’ notice if you wish to reschedule or cancel the delivery. You may incur an additional fee if you reschedule less than 48 hours before delivery or if no one is home when the delivery team arrives. If delivery is not made within 30 days of the originally scheduled delivery date, the order may be treated as a canceled order.

Home Free ground shipping in select zip codes: If you select Home delivery, your items will be delivered in their original packaging to your home. For delivery of apartments or condominiums, items will be placed outside your unit, in the lobby of the building, or in the property office. A person over the age of 18 must be present to accept and sign, acknowledging that they received the items, inspected them, and found them in good condition. This service does not include the assembly, installation, or removal of packaging materials. 

Please note that it is your responsibility to bring the furniture inside the delivery area. You will also be responsible for furniture assembly, furniture installation, unpacking, and disposal of all packaging materials. Any damage that results from moving the furniture into the house or assembling the furniture will also be your responsibility. Standard home delivery may not be available for all items or purchases.

NOTE: The delivery of the purchased products is subject to possible modifications without prior notice due to weather conditions in the state of Florida. Since Florida is known for its variable weather and the possibility of extreme weather events, such as tropical storms or hurricanes, we reserve the right to adjust delivery times and dates to ensure the safety of our equipment and the integrity of the products. In the event of changes to the delivery schedule due to adverse weather conditions, we are committed to communicating with affected customers and providing updated information on the new delivery date and time. We appreciate your understanding and cooperation in unforeseen climate-related situations.

Merchandise Pickup: Merchandise pickup is available only at the location 3677 23rd Avenue S,  FL 33461, Suite C-109.   If you select Merchandise Pickup, your items will be available for you to pick up at our location or warehouse. We can help you load your items, but it is your responsibility to ensure that the items are properly loaded and secured. If your items are not available at the time of sale, we will notify you when they are ready to pick them up. At the time of collection, you will sign an acknowledgment that you received the items, inspected them, and found them to be in good condition.

Change or Cancellation.

To change or cancel an order, follow the instructions below:

• For Free ground shipping in select zip codes, write to Anne Mattress support. You will receive a confirmation email regarding your change or cancellation. If the product has already been shipped, you can return it according to our Return Policy.  If you cancel your order less than 48 hours prior to the delivery date, we will cancel the order, but charge the shipping costs to your credit card (please note that return shipping fees may apply).

• For Premium service – No hassle delivery and home delivery, you can cancel the order by writing to Anne Mattress support. If you cancel your order at least 48 hours before the scheduled delivery time, we will simply cancel your order. If you cancel your order less than 48 hours before the delivery date, we will cancel the order, but we will charge the shipping costs to your credit card. You will receive an email confirming the cancellation of your order.  (Please note that return shipping fees may apply.)

You cannot cancel special orders or orders for monogrammed or custom items.

Return Policy

Free ground shipping in select zip codes Items.

If your free ground shipping in select zip codes item arrives damaged, please contact Customer Service within 48 hours. We accept the return of standard shipping items within 30 days of delivery (please note return shipping fees may apply).   To report delivery damage or make a return, call Customer Care at 561-601-9926. For standard shipping items where a manufacturing defect is discovered after the 30-day return period, please refer to the manufacturer’s warranty, if applicable.

We may provide you with access to third-party tools over which we do not monitor or have any control or input. You acknowledge and agree that we provide access to such tools on an “as is” and “as available” basis without warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability arising from or related to your use of optional third-party tools.

Any use you make of optional tools offered through the site is at your own risk and discretion and you should ensure that you are taking advantage of and approving the terms on which the tools are provided by the relevant third-party providers. We may also, in the future, offer new services and/or features through the Website (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Premium service – No hassle delivery for items ordered online.

Please inspect your items at the time of delivery.   For any item you have received damaged or with a manufacturing defect, we will work with you to repair, replace or remove it if you contact Customer Service at the phone number found on the email order confirmation within 48 hours of delivery. Otherwise, ALL SALES ARE FINAL.

Return requirements.

To receive the full refund amount described in this Return Policy, all items must be: (1) in new condition, original/unused condition, and (2) returned with all accessories and parts and securely packed in their original packaging (unless the packaging has been removed as part of Hassle-Free Delivery + Assembly).

We do not accept returns of final sale and clearance items, special orders, or personalized or monogrammed items, except for damaged or defective delivered items that are reported to us within 48 hours of delivery.

Mattresses and Foundations.

Returns of mattresses or foundations are controlled by the manufacturer’s warranty, if any. Please contact the phone number on your email order confirmation if you have questions about mattress or base returns.  We assume no liability beyond the warranty offered by the manufacturer.

Exchanges/Refunds.

Returned items are inspected immediately upon receipt. Corresponding exchanges, credits and refunds will be issued for the purchase price of the returned items; Taxes are refunded in accordance with applicable state law. With the exception of refunds for damaged or defective merchandise, shipping, delivery, and handling charges are non-refundable, and return or pickup shipping charges may apply. Refunds are made based on the payment method used at the time of purchase. Please allow 7-1-6 days after receiving returned items for any credit or refund to appear on your credit card statement.

Return of purchase in-store.

If you purchased from the store, check the terms and conditions provided to you at the time of purchase (sometimes found on the back of your receipt). In-store purchases establish their own policies regarding returns and exchanges. Contact the store where you made the purchase. The store’s phone number can be found on your receipt or on us. 

WARRANTY DISCLAIMER.

Anne Mattress is a retailer, not a manufacturer, and does not give, and expressly disclaims, any express or implied warranties with respect to products and services purchased through the Site, including, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.   ANNE MATTRESS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, LOSS OF PROFITS, PUNITIVE, EXEMPLARY, OR SIMILAR DAMAGES, WHETHER OR NOT FORESEEABLE AND HOWEVER CAUSED, ARISING DIRECTLY OR INDIRECTLY FROM ANY DEFECT IN THE PRODUCTS AND SERVICES SOLD, SUPPLIED OR PROVIDED TO YOU, THE USE THEREOF, OR YOUR INABILITY TO MAKE USE OF THESE. 

Limitation of Liability.

We do not warrant, represent or warrant that your use of our service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that, occasionally, you may remove the service for indefinite periods or cancel the service at any time, without notice.

You expressly agree that your use or inability to use the service is at your sole risk. The service and all products and services delivered to you through the service are sufficient (unless expressly stated by us) ‘as is’ and ‘as available’ for your use, without any representation, warranty, or condition of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. Transfers or otherwise made available through the Service, even if their possibility is advised. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Intellectual Personality.

All content and materials present in our online store, including, but not limited to, logos, images, text, and design, are protected by copyright and other intellectual property rights. Their reproduction, distribution, or modification without our express written consent is strictly prohibited.

Prohibited Use.

In addition to other prohibitions set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any illegal act; (c) to violate any international, federal, provincial or state regulation, rule, law or local ordinance; (d) to infringe or violate our intellectual property rights or the intellectual property rights of others; (e) harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) present false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that is or may be used in any way that affects the functionality or operation of the Service or any related website, other websites or the Internet; (h) to collect or track the personal information of others; (i) for spam, phishing, pharm, pretext, spider, crawl or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses. (l) for any discriminative, obscene, or immoral purpose; or (m) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses. (n) for any obscene or immoral purpose; or (o) to interfere with or circumvent the security features of the Service or any related website, other websites, applications, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Limitation of Liability.

To the fullest extent permitted by law, Seller shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of or related to the use of our products or services.

User suggestions, comments, and other submissions.

If, at our request, you send certain specific submissions (e.g., contest entries) or unsolicited, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise. (collectively, ‘Feedback’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Feedback you submit to us. We are not and will not be under any obligation (1) to keep any comments confidential; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine, in our sole discretion, to be unlawful, offensive, discriminatory, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or that violates the intellectual property of any part of these Terms of Service. 

You agree that your comments will not violate any third-party rights, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your comments will not contain defamatory or unlawful, discriminatory, abusive, or obscene material, nor will they contain any computer virus or other malware that may in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be anyone other than yourself, or mislead us or any third party as to the origin of any comment. You are solely responsible for any comments you make and their accuracy. We assume no responsibility for comments posted by you or any third party.

Protection Plans.

To file a claim under a protection plan or for additional information about a protection plan, contact the service provider identified in the protection plan.  If applicable or could apply.

Arbitration and Class Waiver.

Except for small claims actions, which you or we may bring, you consent to bind individual arbitration before the American Arbitration Association, which will be governed by the Federal Arbitration Act. You agree that you are waiving your right to a jury trial and that any dispute resolution proceedings will be conducted on an individual basis and not as a class or representation. The proceedings may not be combined without the consent of all parties. If your arbitration is part of a group of Related Cases.

Compensation.

You agree to indemnify, defend and hold harmless Victory Prime Company LLC and our parents, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claim or demand, including reasonable attorneys’ fees, made by a third party due to your breach of these Terms of Service or the documents they incorporate as a reference, or as a result of your breach of any law or the rights of a third party.

Divisibility

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service. Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Termination.

The obligations and liabilities of the parties incurred prior to the date of termination shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If, in our sole discretion, you fail to comply, or we suspect that you have not complied with, any term or provision of these terms of service, we may also terminate this agreement at any time without notice and you will remain liable for all amounts owed, up to and including the date of termination; and/or accordingly may deny you access to our Services (or any portion thereof).

Entire Agreement

Our failure to exercise or enforce any right or provision of these Terms of Service does not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or with respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, including but not limited to previous versions of the Terms of Service).

Any ambiguity in the interpretation of these Terms of Service shall not be construed against the party that drafted them.

Applicable Law

These Terms of Service and any separate agreements whereby we provide Services to you shall be governed by and construed in accordance with the laws of 3677 23rd Avenue S, 33461, Suite C-109, Florida, United States.

Changes to Terms of Service

You can review the most current version of the Terms of Service at any time on this page. We reserve the right, in our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.