Acceptance of terms and conditions:
Welcome to annemattress.com, our online sales website for mattresses, decorations, and home furnishings. Before using this website, we ask that you read these Terms of Use carefully. By accessing and using our online store, you agree to comply with the following terms and conditions. If you do not agree to these terms, we recommend that you do not use our platform.
Authorized Use:
Our online store is intended exclusively for personal and non-commercial use. You may not use our platform for illegal, defamatory, fraudulent, or inappropriate purposes.
We may change the Site and the products and services we offer on it.
We may make changes to the Site and the products and services we offer from time to time. We have the right, but not the obligation, to take any of the following actions in our sole discretion without prior notice to you:
change or cancel all or part of the products and services we offer on the Site; restrict or terminate your access to all or part of the Site or the products and services we offer on it; remove any content from the Site and not post or remove any material you submit to the Site; or change these Terms of Use.
We have the right to determine who may use the Site.
You must be 18 years of age or older to use the Site. If you are not at least 18 years old, do not use the Site. In addition, we reserve the right to deny access to or use of the Site and the products and services we offer on it to anyone at any time in our sole and absolute discretion.
You have a limited right to use the Site.
On the condition that you comply with all your obligations under these Terms of Use, we grant you a limited, revocable, non-exclusive, non-assignable, and non-sublicensable license and right to access the Site through a web browser or mobile device generally available to view the content and information. and otherwise use the Site in accordance with its functionality and in accordance with these Terms of Use. Any other use of the Site is strictly prohibited and constitutes a violation of these Terms of Use. All content included on the Site, such as text, graphics, logos, images, videos, data and other materials (collectively, “Content”) is owned or licensed by us and is protected by copyright, trademark, patent or other proprietary rights. The collection, arrangement and assembly of all Site Content is the exclusive property of Victory Prime Company LLC, and its respective licensors and is protected by U.S. and international copyright laws. We expressly reserve all intellectual property rights in all Content.
No unauthorized reproduction, distribution, modification, or use of such content is permitted without our prior written consent.
You may not use the Site for improper purposes.
Whether on your behalf or on behalf of a third party, YOU MAY NOT:
- Make any commercial use of the Site or its Content.
- Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including browsers, spiders, robots, or intelligent agents) to navigate or search the Site other than the search engine and search agents available on the Site or generally publicly available browsers.
- Frake, mirror or use framing techniques anywhere on the Site without our prior written consent.
- Make any use of data mining, mining, or other data collection tools, or create a database by systematically downloading or storing content from the Site, or otherwise collect, store, or use any Content, product listings, descriptions, prices, or images, except in accordance with the limited license granted by these Terms of Use.
- Use any meta tags or any other hidden text using any name or mark used or displayed on the Site.
- Misrepresent a user’s identity, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site, or express or imply that we endorse any statement you make.
- Conduct fraudulent activities on the Site.
- Violate or attempt to violate the security of the Site, including but not limited to (1) accessing data that is not intended for you or logging into a server or account that you are not authorized to access; (2) attempting to interfere with service to any user, host or network, including but not limited to by sending malware to the Site, overloading, “flooding”, “spamming”, “mail bombing” or “crashing”; (3) forge any header or any part of the header information in any email or posting; or (4) falsify communications on behalf of the Site (impersonating the Site) or for the Site (impersonating another user).
- Use the Site to defame, abuse, harass, stalk, discriminate, threaten, or violate the legal rights of others.
- Modify, adapt, translate, reverse engineer, decompile, or disassemble any part of the Site; or remove any copyright, trademark, or other proprietary rights notices from the Site or materials originating from the Site.
Account Registration:
To make a purchase on our website, you may need to register and create a user account. By doing so, you agree to provide accurate, complete, and up-to-date information. You are responsible for maintaining the confidentiality of your login credentials and are fully responsible for all activities that are under your account. By registering in our online store, you ensure that the information provided is accurate, complete, and up to date. You are responsible for maintaining the confidentiality of your account and all activities that occur under your username and password.
Your account is your responsibility.
If you register on the Site and set up an account and password, you are responsible for anything that happens through your account. You agree to keep your password secure and confidential, not to allow others to use your account, and not to use the accounts of others. You must notify us immediately of any unauthorized use of your password or account or any breach of security. If you realize that your account has been compromised, you should change your password immediately.
Site or Email Notifications.
We may notify you of important information about the Site and the products and services we offer by placing notices on the Site, by sending you an email to the email address associated with your account, or by other means. Please review your account information to control and limit the type of messages you receive from us.
You are responsible for what you send.
We welcome your reviews, comments, and other communications, photos, videos or any other content you submit through the Site (“User Content”), provided that the User Content submitted by you complies with these Terms of Use.
You agree that any User Content:
- It will be accurate.
- You will not violate or facilitate the violation of any law or regulation.
- You will not violate any rights of a third party, including copyright, trademark, privacy, or publicity rights.
- You will not cause harm to any person or entity; and will not contain or provide links to obscene, profane, discriminatory or threatening language, malware, political campaigning, commercial solicitation, chain letters, mass mailings, any form of “spam” or any material that could be considered harmful, sexually explicit, indecent, lewd, violent, abusive or degrading.
You are solely responsible for the User Content you submit and we assume no responsibility for the User Content you submit. You acknowledge and agree that we reserve the right (but have no obligation) to do any or all the following, in our sole discretion: (1) monitor User Content; (2) alter, remove, or refuse to post or allow any User Content to be posted; and/or (3) disclose any User Content, and the circumstances surrounding its transmission, to any third party.
For any User Content you submit, you grant us a non-exclusive, sublicensable, fully paid-up, perpetual, irrevocable, royalty-free, transferable right and license to use, display, perform, transmit, copy, modify, delete, adapt, publish, translate, create derivative works from, sell and distribute such User Content and incorporate the User Content in any form, medium or technology, now known or developed in the future, worldwide, all without compensation to you. In addition, you grant us the right to include the name provided with the User Content submitted by you. We are not responsible for the use or disclosure of any personal information that you voluntarily disclose in connection with any User Content you submit. You represent and warrant that you have all rights necessary to grant the licenses granted in this section. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or the integrity of the materials with respect to User Content that you may have under any applicable law under any legal theory.
The content is also provided by third-party visitors to the Site. Please note that site visitors may post inaccurate, misleading content. We do not endorse and are not responsible for any opinions, advice, information, or statements made by third parties. We will not be liable for any loss or damage caused by your reliance on such information or materials. Opinions expressed by third parties reflect only the views of the people who submitted them and may not reflect our views.
Special offers may be for a limited time.
We will occasionally offer special promotions to our customers which we will refer to as “special offers” or “special offers”. This may include a gift with the purchase, free shipping, manufacturer offers, or other promotional activity associated with the purchase of a product. These offers may be for a limited time only.
Promotions may have separate rules.
Any sweepstakes, contests, raffles, or other promotions (collectively, “Promotions”) available through the Site may be governed by rules that are separate from these Terms of Use. If you participate in any Promotion, please review the applicable rules as well as our Privacy Policy. If the rules of a Promotion conflict with these Terms of Use, the rules of the Promotion shall apply.
Intellectual property:
All intellectual property rights, including copyrights and trademarks, related to our online store and its content, are the exclusive property of the company. No reproduction, distribution or modification of any content is permitted without our prior written consent.
Product Description:
We strive to provide accurate and detailed descriptions of our products. However, we do not guarantee that the information is completely accurate, complete, or up to date. If you find any discrepancies, we recommend that you inform us so that we can correct them.
Prices and payments:
Product prices are quoted in U.S. dollars (USD) and do not include applicable taxes 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.
By making a purchase through our website, you agree to comply with the terms and conditions of sale set forth on our website. Prices shown on the site are subject to change without notice. Payments will be made using the accepted payment methods shown on our website.
Shipping and delivery:
We strive to process and ship orders as quickly as possible. Estimated delivery time may vary depending on location and product availability. We are not responsible for delays caused by circumstances beyond our control. The risks of loss and damage of the products are transferred to the buyer at the time of delivery.
Return Policy:
Shipping and returns information are available in our shipping and returns policy, which can be found on our website. We recommend that you read this policy carefully before making a purchase. We have a return policy that establishes the conditions and deadlines for making product returns. Customers should review this policy before making a purchase.
Limitation of Liability:
We are not liable for any direct, indirect, incidental, special, or consequential damages arising out of the use or inability to use our online store.
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 representative. The proceedings may not be combined without the consent of all parties.
We are not responsible for third-party websites.
The Site may contain links and interactive features that interact with third-party websites, including social media sites. We do not endorse, and are not responsible for, and have no responsibility for, the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of such websites. YOUR USE OF THIRD-PARTY WEBSITES AND RESOURCES IS AT YOUR OWN RISK.
Please let us know if you believe your intellectual property has been incorrectly published.
If you are an intellectual property owner and believe that your intellectual property has been improperly posted or distributed through the Site, please notify us by emailing Support@annemattress.com, or by sending a notice by U.S. mail to 3677 23rd Avenue S, 33461, Suite C-109, Attention: Legal Department. Your notification must include the following information: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyrighted work that is allegedly infringed; (2) a description of the copyrighted work or works that are claimed to have been infringed; (3) a description of where on the Site the allegedly infringing material appears that will allow us to locate the material; (4) your contact information, including your address, telephone number, and, if available, an email address; (5) a statement by you that you have a good faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law; and (6) a statement by you, under penalty of perjury
These general terms apply to these Terms of Use.
You are responsible for all necessary charges and permissions related to accessing the Site through your mobile access provider.
If any provision of these Terms of Use is found by a court of competent jurisdiction to be unlawful, void, or unenforceable, the unenforceable provision shall be modified so that these Terms of Use are enforceable and effective to the fullest extent possible in order to effect the intent of the provision; if a court finds that the modified provision is invalid, illegal, void or unenforceable, the validity, legality, and enforceability of the remaining provisions of these Terms of Use shall not be affected in any way.
You agree that these Terms of Use constitute the full, complete, and exclusive agreement between you and us with respect to the Site and the services offered therein and supersede all prior agreements and understandings, whether written or oral or established by custom, practice, policy or precedent, with respect to the subject matter of these Terms of Use.
Our failure to act with respect to a breach of these Terms of Use by you or others does not waive our right to act with respect to that breach or similar or other subsequent breaches.
We disclaim any legal responsibility for the operation of the Site and the products and services offered on it.
THE SITE AND ALL THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND SERVICES INCLUDED IN OR MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED OR OTHERWISE MADE AVAILABLE THROUGH THE SITE UNLESS OTHERWISE SPECIFIED IN WRITING. WE SHALL HAVE NO LIABILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SITE, FOR YOUR ACTION OR FAILURE TO ACT IN CONNECTION WITH THE SITE, OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY SUFFER IN CONNECTION WITH THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
IN ADDITION (AND WITHOUT LIMITING THE LIMITATIONS IN THE IMMEDIATELY PRECEDING PARAGRAPH), WE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE PRODUCTS ON THE SITE FOR ANY PURPOSE. WE PROVIDE ALL SUCH PRODUCTS “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WE SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
PRODUCTS ON THE SITE MAY HAVE THE BENEFIT OF A MANUFACTURER’S WARRANTY PROVIDED BY THE MANUFACTURER OF THE PRODUCT. PLEASE REFER TO THE PRODUCT BOX AND LITERATURE FOR MORE DETAILS.
We limit our liability to you.
IN NO EVENT SHALL VICTORY PRIME COMPANY LLC, OR OUR AND THEIR RESPECTIVE EMPLOYEES, BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE, OR ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED IN OR MADE AVAILABLE TO YOU THROUGH THE SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, REVENUE OR PROFITS), WHETHER IN CONTRACT OR TORT, EVEN IF WE HAVE BEEN ADVISED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. EACH PROVISION OF THESE TERMS OF USE THAT PROVIDES A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES,
THIS ASSIGNMENT IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BUSINESS BETWEEN YOU AND US. THE LIMITATIONS IN THIS SECTION SHALL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S). IF YOU ARE DISSATISFIED WITH THE SITE, ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED OR OTHERWISE AVAILABLE THROUGH THE SITE, OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU AND YOU MAY HAVE RIGHTS IN ADDITION TO THOSE CONTAINED HEREIN.
Information we collect about you.
The information we collect about you depends on the context. In general, it is information about you that can identify you personally, either on its own or when combined with other information.
The following describes the information we collect and how we obtain it.
Information we collect from you.
- For registration. When you create an account through one of our websites or mobile services (our “Sites”), we collect your name, email address, and phone number. Once you are registered, we will assign you a unique identification number. This identification number helps us recognize you when you log in.
- For billing and delivery. To process payments and deliver the products you order, we collect and use your payment information. This may include your name, address, telephone number, email address, credit or debit card information, and any other relevant information.
- For user-generated content. We may offer you the ability to post content that other users can read (e.g., product reviews) on our sites or social media pages. Anyone can read, collect, and use any personal information that accompanies your postings. We don’t have to publish any of your content. If applicable law requires us to delete or edit your personal information, we will comply to the extent required.
- For contests, sweepstakes, and special offers. When you register for these, you give us your name, email, and any other required information.
- For surveys. We collect information through questionnaires, surveys, and feedback programs. We ask for your consent to use this information when you participate in these surveys and programs.
- During contact with our service lines. We collect information about you when you place an order over the phone or contact customer service through one of our service lines.
- Through online chat. We collect information about you when you communicate with us through the online chat tool on www.annematress.com.
- Personal contact data. We never scan your device for your contacts or upload that data. With your consent, we comply with your requests to collect data about your friends, family, or acquaintances (e.g., Refer Friend campaigns). This functionality is intended for U.S. residents only. By using it, you acknowledge and agree that both you and your contacts are in the U.S., and that you have everyone’s consent for us to use your contact information.
- Through your camera. Certain features of our sites may require you to grant us access to the camera on your computer or mobile device (such as image search, augmented reality, or barcode scanning).
Information Collected Automatically
It also provides us with information in other ways through technology. Some of this information may be linked to you personally.
- With tracking technologies in your browser and mobile applications. These technologies include cookies, web beacons, tags and scripts, software development kits (or SDKs), and more. We track and store data about how you visit and use our sites. The items we record include:
- Your IP address.
- Your location
- Your operating system
- your browser
- The language of your browser
- The address of the referring websites.
- The URLs of any page you visit on our websites and mobile applications.
- Device identifiers
- Advertising identifiers
- Other Usage Information
We combine this data with other information we collect about you. For more information about tracking methods on our sites and how to manage them, please see “Cookies and Other Trackers” below.
If your browser does not accept our cookies, you may not be able to access all or part of our sites. Because the standard browser based “Do Not Track” signal has yet to gain widespread acceptance, we do not currently respond to those signals. However, we respond to Global Privacy Control.
- With installation chambers. We operate in-store cameras for operational and security purposes, for example, to help us improve our store design to better serve our customers.