Terms and Conditions
If you’ve wandered over to this page, it’s most likely because you either a) want to check out the fine print of what buying a Lull product involves or b) can’t seem to get enough of the majestically melodic prose of legalese.
Either way, you’ll find what you’re looking for right here.
Our Terms and Conditions page covers the intricate details of purchasing a product from Lull. Just some of what you will find buried within the lawyer-speak is info about:
- Payment and Shipping
- Returns and Refunds
- Discounts and Special Offers
- Copyright and Trademark Laws
- (And, of course) Liability and Disputes
In essence, this page goes over every tiny aspect of being a Lull customer. If you’re curious about how we do business or just enjoy kicking back with a good contract on a quiet evening at home, keep on scrolling to get to the nitty-gritty and let the legal jargon party begin!
January 16, 2018
The following is the Agreement ("Agreement") between the provider of the Lull Products (as defined below) Lull Ventures LLC ("Lull”, “We”, “we” and “us”) and the visitors and purchasers of Products (“You”, “you "). UPON PURCHASE OF ANY PRODUCTS, YOU AGREE TO THESE TERMS AND CONDITIONS. WE URGE YOU TO READ THIS AGREEMENT CAREFULLY AND, IF YOU HAVE ANY QUESTIONS, CALL US AT 1-800-301-5845. Our website is provided for you to browse and purchase Lull Mattresses and other products (collectively, “Products”).
“Products”, means any Lull mattresses, bed frames, mattress protectors or other product sold via Lull.com or a Lull authorized retailer.
“Website” means the website located at the Uniform Resource Locator lull.com.
B. Who Can Use Website
Only adults over the age of eighteen (18) are permitted to use the Website and purchase the Products.
The prices listed on the website do not include your local State Sales Taxes. When you go to check out, we’ll calculate your local sales taxes prior to completing your purchase.
We only accept third party credit card as payment for your Product, we accept payment from Visa, Mastercard, Discover and American Express. We may obtain a pre-approval from the issuer of the card for an amount up to the amount of the purchase. We will bill your card at the time of purchase or shortly thereafter. If you cancel a transaction before completion, that pre-approval may result in your funds not being immediately available. If you pay by debit card and your payment results in an overdraft or other fee from your bank, you alone are responsible for that fee.
Free standard shipping is available in the contiguous US (All States except for Alaska and Hawaii). We will attempt to ship your Product as soon as possible however delays which are out of our control may very well occur. You agree and acknowledge that we have no control over third party shipping providers such as FedEx and UPS (“Shipping Company”) and we have no liability for lost or damaged products once they are handed off to the Shipping Company. You are responsible for filing and making claims regarding lost or damaged Products directly to the Shipping Company. Shipping charges are non-refundable.
E. Variation of Mattress Size and Specification
Our Mattresses use premium materials including memory foam and gel infused material. Due to the nature of these premium materials, the size and weight of your Mattress may vary from the sizes posted on the Website. You agree and acknowledge that your Mattress size and weight might vary from those listed on the Website and your sole remedy for such fluctuations is to return your mattress as per our Return Policy.
F. Refunds and Returns (“Return Policy”)
We will provide you with a full refund of the money spent on your Product if you are not completely satisfied with your sleeping experience within the first one hundred (100) nights of Product delivery.
- Mattresses and Bed Frames: Upon delivery of your Mattress or Bed Frame, you have a one hundred (100) day period of time to return your Lull Mattress or Bed Frame. Upon return within the 100 night window, you will receive a full refund of the applicable amount spent specifically on the mattress or bed frame you are returning. Additionally, we will arrange for a free pickup and removal of your Mattress or Bed Frame if you elect to return it.
- Mattress Protectors: Upon delivery of your Mattress Protector, you have a one hundred (100) day period to return your Lull Mattress Protector. Upon return within the 100 night window, you will receive a full refund of the applicable amount spent specifically on the mattress protector you are returning. Once we process your return, you will receive a free return shipping label to drop off at your nearest parcel service location.
This Return Policy is only applicable for purchases of genuine Lull product from lull.com. Shipping charges are non-refundable. The Return Policy does not apply to any accessories purchased or any Lull products purchased from any third party retailer including but not limited to Amazon.com.
You may only have two (2) Mattresses returned per household or shipping address. Any Mattress that has been resold, gifted or transported outside of the contiguous United States are not eligible for return.
If the discount received on the Lull Mattress during the time of purchase is less than the discount received during a promotion, you have the opportunity to claim a partial refund (difference in discount savings) within 14 days of your order. Only applicable to the Lull Mattress.
For information about how a refund will affect your Affirm loan, see www.affirm.com/faqs.
G. Discounts and Offer Codes
From time to time, in our sole discretion, we may provide a reduced cost or promotional discount for Products, for a promotional period, to first-time or other selected customers (“Promotions”). Promotions may be only available for a limited quantity and such Promotion may terminate or change at our sole discretion. Links to such Promotions may be posted on third party websites and will only be honored if such Promotion is current, valid and authorized. We assume no liability for incorrect, expired or unauthorized third party descriptions of our Promotions.
Discounts may also not be combined with any other sale, promotion, discount code, coupon and/or offer. Promotions have no cash value. Discounts cannot be sold or otherwise bartered.
We may provide you with an opportunity to participate in our referral program ("RP") which will provide you with rewards including gift cards (“Rewards”) if you decide to refer other individuals to purchase a Lull Mattress. We may limit you to only receive a Reward for a maximum of ten (10) referrals. Rewards are only provided to referrals in which the Mattress was not returned. You agree that you are responsible for any and all tax consequences that may result from your receipt of such Reward. The RP link and assets associated with such may not be posted on any coupon or rewards type websites. Failure to adhere to this condition will result in non-payment of any and all rewards.
Within our Website we provide you an opportunity to provide feedback regarding your Lull Product (“Review”). At our sole discretion we will determine whether to post your Review on the Website. In submitting a Review, you agree to grant us an irrevocable, assignable, worldwide license and sublicense to use your Review on our Website, media advertisements, social media platforms and any other media of our choosing. You will receive no compensation or royalties for the use of your review.
I. Lull Mattress Money Back Review Guarantee (the “Review Guarantee”)
All reviews posted on lull.com are authentic and genuine reviews from Lull customers. We guarantee that all legitimate product reviews posted by our customers will be posted to the site. If a Legitimate Review is not posted to the website within thirty (30) days the customer who submitted the review will receive their money back.
A “Legitimate Review” shall means a review which was:
- Submitted by verified purchaser of a Lull Mattress.
- Subject matter of the review pertains to the Lull product or service provided.
- Does not include inappropriate language or materials.
- Does not contain confidential or private information.
- Does not promote third party products or services.
- Were submitted after the effective date of the Review Guarantee of February 9, 2017.
- Failed to post due to a third-party system error.
If you feel we have violated the Review Guarantee, please email us at [email protected] and we will respond to your claim within 5 business days. If we have violated the Review Guarantee, you will receive your full refund within 10 business days of our response and you will be allowed to keep your Lull Mattress.
J. Information on Website
You acknowledge that any reliance upon any advice, opinion, statement, or other information displayed or distributed through the Website is at your sole risk. We reserve the right, in our sole discretion and without notice, to correct any errors or omissions in any portion of the Website, or to deny access to the Website to anyone at any time. Prior to purchasing any third party products, services or Products described on the Website, you are advised to verify pricing and other information. Neither Lull nor its Affiliates shall have any liability arising from your purchases of third party goods or services based upon the information provided on the Site.
K. Copyright & Trademark
All materials on the Website, including without limitation text, images, software and databases (collectively, the "Content") are owned or controlled by Lull, its content suppliers and/or other content providers and is protected by the copyright and trademark laws of the United States and other countries, international conventions, and other applicable laws.
You may not download, display, reproduce, create derivative works from, transmit, sell, distribute, or in any way exploit the Website or any portion thereof for any public or commercial use without the prior written permission of lull.com.
You agree not to use any trademarks, service marks, names, logos, or other identifiers of lull.com, licensors, independent contractors, providers and affiliates (collectively, "Affiliates") without the prior written permission of lull.com or the relevant Affiliate.
Lull is a registered Trademark of us. You agree not to use this Trademark without our express written consent.
L. Limitation of Liability
UNDER NO CIRCUMSTANCES WILL WE BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE WEBSITE, YOUR WEBSITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE AND/OR CONTENT IS TO CEASE ALL OF YOUR WEBSITE USE.
IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEBSITE OR FROM US, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, FROM THE COMPANY IS IN ACCORDANCE WITH COMPANY'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS WEBSITE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND/OR SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, BEYOND THOSE SET FORTH IN THIS WARRANTY AND IN OUR MARKETING MATERIALS. EACH OF THOSE PARTIES DISCLAIMS ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS CONTRACT AND OUR TOTAL LIABILITY SHALL NOT EXCEED THE PURCHASE PRICE PAID THE MATRESS.
M. Governing Law
THIS AGREEMENT AND THE TERMS OF PRODUCT PURCHASE SHALL BE GOVERNED AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT GIVING EFFECT TO THE CHOICE OF LAW PROVISIONS THEREOF.
N. California Residents - Proposition 65 Warning
It is required by the state of California that we, as the seller of our products, inform the public about the possible presence of certain chemicals in our products. While we do not believe that our products contain any of the chemicals covered under Proposition 65, or only trace amounts, we are nevertheless required to provide the following: WARNING: This product contains a chemical (or chemicals) known to the State of California to cause cancer, birth defects or other reproductive harm.
Please note, Lull only uses CertiPUR-US® certified foams and our mattresses are made without ozone depleters, flame retardant chemicals and heavy metals. Our mattresses are ultra-low VOC (less than 0.5 parts per million) and adhere to the highest standards of environmental protection.
At Lull we hold our products to the highest standards. If you have any questions about our products or Proposition 65 please contact our customer service department.
O. Lull Mattress Cover
We recommend that customers do not remove the mattress cover. If a customer needs to remove the cover for any reason, we recommend that the customer does not touch or place anything on the fire retardant sock. The Lull Mattress fire retardant sock contains small amounts of fiberglass, which makes the mattress fire retardant (the fiberglass allows us to sell a safe mattress without using harmful chemicals). The small amounts of fiberglass will not affect human health while sleeping, but customers should not touch or place fabrics directly on the fire retardant sock.
PLEASE READ THIS PROVISION CAREFULLY. IT PROVIDES THAT ANY DISPUTE MAY BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING. IN ARBITRATION, A DISPUTE IS RESOLVED BY AN ARBITRATOR INSTEAD OF A JUDGE OR JURY. THE ARBITRATOR'S DECISION WILL GENERALLY BE FINAL AND BINDING. ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN COURT PROCEDURES.
Any claim, dispute or controversy between you and us (or made by or against anyone connected with you or us, or claiming through you or us) arising from or relating to Your membership ("Claim"), including Claims regarding applicability or validity of this arbitration provision, shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association ("AAA") (except for any AAA rules providing for class claims or class arbitration) then in effect, subject to this Agreement.
Any Claim regarding the validity or enforceability of this arbitration provision shall be governed by the laws of the State of California, without giving effect to the choice of law provisions thereof. This arbitration provision is made pursuant to a transaction involving interstate commerce and, in all other respects, including the determination of any questions about whether Claims are within the scope of this arbitration provision and therefore subject to arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. §1-16 ("FAA"), and shall be resolved by interpreting the arbitration provision in the broadest way the law will allow it to be construed.
All Claims are subject to arbitration, no matter what theory they are based on or what remedy they seek. This includes Claims based on contract, tort (including intentional tort), fraud, agency, negligence, statutory or regulatory provisions, or any other source of law. Claims made and remedies sought as part of a class action, private attorney general or other representative action are subject to arbitration on an individual (non-class, non-representative) basis. As an exception to arbitration, you and we retain the right to pursue in a small claims court located in the federal judicial district that includes your billing address at the time of the Claim, any Claim that is within the court's jurisdiction and proceeds on an individual basis.
The arbitration shall be conducted before a single arbitrator, applying to the Claims the substantive laws of the state of California without giving effect to the choice of law provisions thereof. The arbitrator's authority is limited solely to the Claims between You and Us alone. The arbitration will not be consolidated with any other arbitration proceeding. You and we do not agree to any arbitration on a class action or representative basis, and the arbitrator shall not be authorized to treat any Claim on a class action or representative basis.
If you prevail in the arbitration of any Claim against us, we will reimburse you for any fees you paid to the AAA in connection with the arbitration. Any decision rendered will be final and binding on the parties, and judgment may be entered in a court of competent jurisdiction.
Arbitration rules and forms may be obtained from the AAA at www.adr.org. Claims shall be filed in any AAA office. However, any participatory hearing that you attend shall take place in Santa Barbara County, California, unless you chose to have the hearing take place in the federal judicial district that includes Your billing address at the time the arbitration Claim is filed.
This arbitration provision applies to all Claims now in existence or that may arise in the future.
Q. Entire Agreement
This Agreement constitutes the entire agreement between you and us with respect to the Website and, if applicable your purchase of a Lull Product and supersedes all prior agreements between you and Lull. Failure by us to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right.
In the event that any portion of this Agreement is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect. This Agreement is between you and Lull. If you do not wish to be bound by these terms and conditions of use, you should not visit or use the lull.com Website. lull.com reserves the right to change this Agreement from time to time at its sole discretion, without prior notice.
R. Referral Program
1. We may provide you with an opportunity to participate in our mattress referral program ("RP") which will provide you with rewards including gift cards (“Rewards”) if you decide to refer other individuals to purchase a Lull Mattress. We may limit you to only receive a Reward for a maximum of ten (10) referrals. Rewards are only provided to referrals in which the Mattress was not returned after the one hundred (100) night trial. You agree that you are responsible for any and all tax consequences that may result from your receipt of such Reward.
2. The RP is meant for you to refer friends and family members. It is a violation of the RP to refer yourself or share with the general public. The RP link and assets associated with such may not be posted on any coupon, rewards or loyalty type websites and may not be shared with the general public through free or paid postings. You may not post your links to any Lull post. Failure to adhere to these conditions will result in non-payment of any and all rewards and may result in termination in our RP. Lull reserves the right to terminate your referral status at any time and for any reason.
3. How the Program Works. You must be a legal resident of the United States of America and at least 18 years old to use the RP. Next, you must visit the Website and follow the on-screen instructions to refer friends, family members or colleagues. Users may refer a maximum of 25 friends, family members or colleagues during each session and a maximum of 500 times throughout the entirety of the Program. Once an individual makes a referral, he/she becomes a “Referrer” and will be provided with a unique referral link (“Personal Link”) that allows her to receive the benefit or reward advertised on the Site. Referred friends (“Friends”) must complete the referral as described in the referral message.
4. Restrictions. Referrers cannot refer themselves or create multiple, fictitious or fake accounts with Lull or participate in the Program as “Friends”. No user may use the Program to violate any law, infringe or violate the rights of any third party, or otherwise act in a manner that is deemed harassing, harmful, illegal, hateful, obscene or outside the spirit and intent of the Program. In addition, you may not (i) tamper with the Program, (ii) act in an unfair or disruptive manner, or (iii) use any system, bot or other device or artifice to participate or receive any benefit in the Program. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, LULL RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
Employees of Lull or any of its or their subsidiaries, affiliates or promotional agencies are not able to participate.
5. Rewards. By making a valid referral, you will receive $50 per mattress sale and your Friend will receive a discount on the purchase. You can earn a maximum of 4 rewards per month and $600 in rewards per year. These rewards may be redeemed in various forms in Lull’s sole discretion. Restrictions may apply. For example, there may be a limitation on the number of referrals you can make, or if the reward is in the form of a gift card, gift certificate or voucher, it may be subject to the issuer’s terms and conditions. Rewards are subject to verification. Lull may delay a reward for the purposes of investigation. Lull may also refuse to verify and process any transaction for any reason.
Unless otherwise stated, rewards have no monetary value and may not be redeemed for cash. They are not transferable and may not be auctioned, traded, bartered or sold.
6. Liability. YOU UNDERSTAND AND AGREE THAT THE RELEASED PARTIES (DEFINED BELOW) SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LULL WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). By participating in the RP, you agree to defend, indemnify, release and hold harmless Lull, Extole, Inc., as the provider of the referral service, and their respective parent companies, affiliates and subsidiaries, together with their respective employees, directors, officers, licensees, licensors, shareholders, attorneys and agents including, without limitation, their respective advertising and promotion entities and any person or entity associated with the production, operation or administration of the RP (collectively, the “Released Parties”), from any and all claims, actions, demands, damages, losses, liabilities, costs or expenses caused by, arising out of, in connection with, or related to the RP (including, without limitation, any property loss, damage, personal injury or death caused to any person(s)) and/or the awarding, receipt and/or use or misuse of any benefit in the Program. To be clear, the Released Parties shall not be liable for any technical errors or malfunctions, data theft or corruption, any printing or typographical error, or any damage to any computer system resulting from participating in, or accessing or downloading information in connection with the RP. The Released Parties shall not be liable to any users for failure to supply any advertised benefit, by reason of any acts of God, any action or request by any governmental or quasi-governmental entity (whether or not valid), or any other activity or action that is beyond any of the Released Parties’ control. TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100.
7. Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) THE PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND LULL EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS AND TERMS OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR CUSTOM, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED THROUGH THE USE OF THE PROGRAM, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE AND GIVE NO WARRANTY THAT (i) THE PROGRAM WILL MEET YOUR REQUIREMENTS, (ii) THE PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, AND (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE PROGRAM WILL MEET YOUR EXPECTATIONS, AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PROGRAM IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
8. Bulk Distribution (“Spam”). Each Referrer is the actual sender of the emails and must comply with applicable law. Referrals must be created and distributed in a personal manner that is appropriate and customary for communications with friends, colleagues and family members. By submitting any email address as part of the Program, the Referrer represents that he/she has the appropriate permission and consent. Bulk email distribution, distribution to strangers, or any other use of the services described herein in a manner that is not promoted is expressly prohibited and may be grounds for immediate termination and further legal action. Lull has no obligation to monitor the Program or any communications; however, Lull may choose to do so and block any email messages, remove any such content, or prohibit any use of the Program. Referrers who do not comply with the law, including anti-spam laws, are obligated to indemnify the Program Entities against any liabilities, costs and expenses it incurs as a result of such spam.
9. Sign-In Credentials. Users are responsible for maintaining the confidentiality of any sign-in credentials and are fully responsible for all activities that occur through the use of them. Users agree to notify Lull immediately if they suspect unauthorized access to their account. Users agree that Lull will not be liable for any loss or damage arising from unauthorized use of their credentials.
10. Right to Cancel, Modify or Terminate. We reserve the right to cancel, modify or terminate the RP at any time for any reason. We reserve the right to disqualify any User (defined below) at any time from participation in the Program if he/she does not comply with any of these Terms.