Last Updated: August 15, 2023
Your purchase and use of our Products and Services, which are collectively referred to as “Products” in these Terms and Conditions of Sale, will be governed by the following terms and conditions:
Product Descriptions. We attempt to be as accurate as possible with Products descriptions and prices. However, we do not warrant that Product descriptions or prices are accurate, complete, reliable, current or error-free. Mattress sizes can vary by approximately +/- 1-1.5 inches; this is industry standard. In the event a Product is listed at an incorrect price or with incorrect information due to typographical or other error, we retain the right to refuse or cancel any orders for the affected Products. We have the right to refuse or cancel any such orders even if your order has been confirmed or your credit or debit card has been charged. If your credit or debit card has already been charged for the purchase and your order is cancelled, we will promptly issue a credit to your credit or debit card account in the amount of the charge. We apologize for any inconvenience this may cause you.
Product Pricing. The price for Products available for purchase through the Websites will be displayed in U.S. Dollars unless otherwise noted as Canadian Dollars. The prices displayed exclude applicable taxes and any shipping fees, which are displayed at checkout. We reserve the right to change any of the Product prices or fees that we charge, or to institute new or additional fees, at any time upon notice to you.
Order Acceptance. The receipt of an order number or an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. We reserve the right, without prior notification, to limit the order quantity on any item, refuse service to any customer, or require additional information to verify an order. Prices and availability of Products on the Website are subject to change without notice.
Cancellation Policy. Orders may be cancelled at any time before the order is packaged for shipment.
Damaged/Defective Product. If a Product arrives damaged, you must notify us within thirty (30) days of the date of delivery. We may ask you to provide additional information about the damaged Product, including a photo of the damaged Product.
Shipping Policy: Our shipping charges vary depending on your location and will be displayed on our Website during the check-out process. When you place an order for a Product through any of our Websites, the Product will be shipped to the address you designate as the "shipping address" during the check-out process. Shipping address changes must be made within 24 hours after the order is placed. If a Product is marked “delivered” but you have not received the Product, you must contact us within 30 days of the date the Product is marked delivered.
Risk of Loss; Title to Products. The risk of loss and title to a Product transfers to you when we release the Product to the carrier (e.g. UPS, FEDEX) that is used to deliver the Product to you. You are responsible for filing any claims with the carrier for damaged or lost shipments.
Payment. We use various third-party payment processors (each, a “Third-Party Payment Processor”) to process your payment. Details on our current Third-Party Payment Processors and accepted payment methods, including financing options, are available on the applicable payment screen when you make a purchase. You warrant and represent that you are the valid owner or an authorized user of the credit card, debit card, or other payment account that you provide to the Third-Party Payment Processor and that all information you provide is complete and accurate. If payment is not received from your credit card or debit card issuer or another payment facility, you hereby agree to pay all amounts due upon demand. You also agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. All transactions on the U.S. Websites will take place in U.S. Dollars and all transactions on the Canadian Websites will take place in Canadian Dollars.
Warranty. We stand behind our Products. For specific warranty information, please see https://birchliving.com/pages/warranty (collectively, the “Product Warranties”). The Product Warranties are incorporated by reference into these Terms and Conditions of Sale. To the extent there is a conflict between any Product Warranty and these Terms and Conditions of Sale, the terms of the applicable Product Warranty apply. If there is an issue with any of your Products, please review the applicable Product Warranty and if you believe you are entitled to take advantage of those terms, please contact us by e-mail at firstname.lastname@example.org
Returns. Subject to the Return Exceptions and Return Procedure and Conditions set forth below, you may return any Product within the applicable trial period (each, a "Trial Period"), provided that the Product has been used for the required break-in period (if any) and is located in the United States (excluding any U.S. territories) or Canada. You can find a summary of our trial policies below. Return requests received after the applicable Trial Period will not be eligible for return. If a return is requested within the applicable Trial Period, we require pickup and removal of the mattress within 45 days after the Trial Period from an approved vendor. Your failure to schedule a pickup within 45 days will void your eligibility to return the Product. Please note there is a ninety-nine-dollar ($99) removal fee for all Mattress returns to cover the cost of picking up your mattress. Return shipping and removal costs will be scheduled by our team. We will not reimburse you for return shipping, removal, or other costs incurred without our express written consent.
Return Exceptions. Any Product that is marked as “Final Sale,” "Clearance," or “Factory Clearance,” may not be returned or exchanged, except in the event of a defect as defined in the applicable Product Warranty.
Refunds: Refunds for Products eligible for return will be issued in the form of the original payment, net of any discount, gift code and shipping fees. If you make a purchase that includes multiple Products as part of a bundle or with a promotional discount, and you return all Products in the bundle, you will be refunded the entire amount paid less any discount, offer code or shipping fees. If you return one or more Products from a bundle, and the discount you received is greater than the price of the Product(s) you wish to return, then you will not receive a refund. If you return one or more Products from a bundle, and the discount you received is less than the price of the Product(s) you wish to return, you will be refunded the price of the Product(s) you wish to return less the discounted amount. In no event will a Product provided for free as part of a bundle or promotional discount be eligible for a refund.
Return Procedure and Conditions. Return shipping is free, provided you are returning the Product from within the United States (not including U.S. territories) or Canada. After reviewing the information below, please contact our Customer Experience team to initiate a return or Exchange by sending an email to email@example.com including your order confirmation number and the reason for your return.
Trial Policies. Trial Policies depend on the specific product and are outlined below.
Gift and Offer Codes. From time to time, we may offer qualified consumers "gift codes", "offer codes", or "bundle discounts" through a variety of promotional activities and communications (collectively referred to herein as "Offer Codes") that are redeemable towards a purchase on our Websites, while supplies last, and subject to certain merchandise exclusions or any other restrictions as may be determined and communicated by us in our sole discretion. Please note that Offer Codes may not be valid on purchases made through certain third-party lending services. Please check with the third-party lending service about the validity of Offer
Codes before making purchases using Offer Codes. We are not responsible or liable if the third-party lending services do not honor the Offer Codes.
Spokespeople. From time to time, we may also engage third-third party spokespersons, influencers, bloggers, or other individuals or entities who have been compensated or incentivized to speak on behalf of our brand(s). When you receive an Offer Code via a third-party source, please note that such individuals may have been compensated by us for their statements.
Contests and Eligibility. We may run contests from time to time. No purchase is required. You can enter any contest by submitting the required material. Contest rules and requirements may be altered at any time at our discretion. If you have any additional questions, please email firstname.lastname@example.org.